New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-31

ter much whether he sets up the right or
wrong party. Congress will determine
that. But the President must put things
in such condition that peace shall reign.
Congress says to the President: You go
there and quiet things, and then we will in
quire into the proceedings"
He said that to morrow he would intro
duce bill providing for new election in
the State, and would explain his reasons
before concluding his argument. He re-
| ferred to the law governing the admission
of members OF the Two houses Of Congress;
and said that Senators, being elected by
the law making power of the State, the
Senate must inquire as to the legality Of
that power. On the other hand, the House
had no authority to inquire as to the Legis-
lature. The Senator from Indiana had
| claimed that out of respect to the Senate he
was constrained to send the Pinchback case
back to the committee; by that argument
| the Senator himself had overturned his own
| prima facie case.
Mr.. Morton said that it was not facie or
legitimate argument to make that state
| ment.
Mr.. Carpenter said, some two years ago,
| when he had occasion to read Senator
| down, Mr.. Trumbull came to him after
| ward and said: You are young Senator,
| and there are some things you may not
know; one is that it is an established rule
| in this body that you must not refer to
| mans language in the Globe for more than
| two years back" [Laughter.] He supposed
| he could refer to the Congressional Globe for
| one month back as to the language of the
gentleman (Morton), to show he destroyed
| his prima facie case.
Mr.. Morton-Oh, well, l only wanted to
show that it was unfair. l don't care any
| thing about it.
Mr.. Carpenter-Well, if YOU don't care
| anything about it, why don't you let me
| finish!
Mr.. Morton reiterated his argument as to
| his reasons for asking the case of Mr.. Pinch
back to be reccmmitted, being solely on
| account of the personal conduct Of that
| gentleman.
Mr.. Carpenter resumed, and said that the
decision Of the Supreme Court of the State
could not bind the Senate as that court
had no Jurisdiction to decide questions
which Congress must decide. The canvass
in Louisiana was false; proved false in
every court which investigated it; by every
man who ever examined it; by the very
men who made the canvass. The whole
thing was a fraud.
There was a faint demonstration of ap-
plause in the gallery, but it was promptly
checked by the Chair-Mr. Ferry, Of
Michigan.
In reference to the bill which he would
introduce for new election. Mr.. Carpenter
said that he would endeavOr to show that
Kellogg was not legally elected, that his
associates in the State offices were never
elected, and that the Legislature sending
Pinchback here was never elected. He re-
terred to the returns from the polls, signed
and sent up by the commissioners of elec-
ton, as being genuine, and showed a ma
jority for McEnery
Mr. Edmunds-But the gentleman from
Indiana (Morton) states that those retHrns |
were fOrgeries.
Mr.. Carpenter-Well, that is one of those |
statements Of the Senator from Indiana |
which nobody can help.
Mr.. Morton-Do YOU deny it |
Mr.. Carpenter-I don't deny anything |
the Senator says, but do say never heard |
of them being false before.
Mr.. Morton-The testimony shows it.
Mr.. Carpenter-(H Handing Morton the |
volume). Where, find it for me within the !
next half hour
Mr.. Morton-Ob, don't want to find it |
now. [Laughter.]
Mr.. Logan stated that his recollection |
was that the returns from the polls were all |
in the same handwriting, and the commit |
tee came to the conclusion that they were |
tOrgeries.
Mr.. Carpenter said that he had no recOl- |
lection of that but it might have been the I
case when he was absent from the commit |
tee.
Mr.. Morton said that the gentleman
(Carpenter) had stated in his own report |
that the control Warmoth had over the elec- |
tion was worth 10000 votes to his side.
Mr.. Carpenter said he was not trying to |
make out that McEnery was elected, as he
did not believe he was, but the control |
Warmoth had over the election was worth |
10000 votes; as by the law of louisiana, the |
Governor fixed the number and location of |
the voting places, 80 he could locate any
number and in convenient places in Demo
ot,n1 1iafr ri.fc oy,I fary r ,c
places in Republican DISTRICTS so that people |
would have to go long distance to vote, |
and the testimony shows that in some coun-
ties people did not know where the |
polls were located the very day of election;
in that way great frauds were committed |
by the Warmoth side.
He (Carpenter) had no dOlbt that but for |
the interference OF the general government,
the McEnery government would have been
in existence to-day, as result of the War
moth frauds: when ust the reverse was the |
will of the people, Durell first smothered it. |
He read telegram sent by Packard from
Washington to New Orleans, dated Feb
ruary 26. lS73 in which he (Packard) said
Tel Kellogg to keep his shirt on; the
McEnery government must be broken up
as soon as Congress adjOurns." Congress
did adjourn on the fourth of March follow
ing, and every one knew what followed.
He argued that the constitution vested
the power IN Congress to order new eiec |
tion, that instrument declaring that every
State should have a republican form of gov
ernment. Ii the powers of the State gov
ernment were in the hands of men whom
the people never elected, such State had
not republican form OF government. The
government in power in Louisiana to-day
was not elected by the people. The pollti-
cal department Of the State was on its back,
and it was the duty of Congress to deal
with the State the same as if the whole
State government had been overturned.
The means Of Congress we're cOnsOnant
with its duty. The constitution does not
say how republican form of government
shall be established but says it shall be
established, and Congress may employ any
means to guarantee such republican form Of
government. The State had been abso-
lutely defrauded of its government, from
top to bottom, and now, when Congress
attempts to interfere, the Senator from
Indiana says it will be violation of State
rights. He (Carpenter) proposed to vindi
cate the rights Of the State by the action he
ernment had been stricken down by federal
usurpation. Was there a lawyer who did
not know that Durelrs orders were void.
and set up the Kellogg government. And |
to redress that act was a friendly and not
an nnfriendly act to the State.
He read from the notes Of Judge Cooley,
of Michigan. in regard to the action of
Judge Durell, and argued that no govern
ment could be more despOtic than one set |
up IN this manner. He was now done with
MIR. Pinchback and the Louisiana case, and
would introduce his bill on Monday, in ac-
cordance with the notice given.
WASHINGTON.