Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-03-06

penterD protested against the Senator
(aIor:on) declaring that there had been
an attack upon the President, when
lie (Carpeuter) pointed out a miscon-
stfUction Of statute. Such Justices
rs Mansfield, Story and Marshal,
would 1T and lister for days to an
argument to show them where they
were in error. while Justice of the
Peace wo,,'d knock him down for sug
costing that be may have erred. He
(Carpenttr) denied that he had made
any a,tack on the President. Refer
ring to the argument of the Senator
from New Jersey, (Freiinghuysen) as
to the plan Of the President to act in
putting down usurpation when he
was satisfied h mself that ii existed.
Carpenter said there was but one man
in the United States except Senator
Frel:nShuysen, who entertained such
an opinion, and that was Andrew
was i'll the United States !; that he,
even, had power to interpret the con-
stitution.
Mr.. Frelinghusen said the Senator's
(Carpenter) information WAS very linn
tied not to know that the President
had such power.
Mr.. Carpenter said one OF the great
est pleasures of his life was to add to
his store of information, and he would
listen, as faithful disciple at the feet
of his master, when the gentleman
from New Jersey would undertake to
show him that under the Constitution.
the President, of his own volition and
without proper record from the State,
could determine that aa instruction
existed IN a State and proceed to put
it down. A court of justice could not
decide case between the Senator and
himself of $500 without record
Why? Because it was a court of
record. The mere cry by telegraph to
the President, "come and help us,
was not sufficient for his interference.
He Carpenter believed that if the
Federal troops were withdrawn from
Louisiana, Keuogg's government
would hot stand. There are two ques-
tons involved as to the passage of this
bill. First, have We the power to pass
it; Second, the expediency of passing
it. The Constitution provides that
each State shall have republican
form O: government, ands one of the
first requisites of a republican form of
government is that its offices shall be
filled by persons elected by the peo-
pie. The power of Congress was de-
rived from the Constitution, not
from the tumults in Louisiana.
or the frauds of Darrell or the Lynch
board, and he asked every Senator
| within his hearing if Congress had not
the power to give the people OF that
State what they had been cheated out
of, namely : The right to elect their
own officers. Should our Government
In Hvartprnun ~ 1ror,i1 1,n
steady encrOachments. Congress should
see at all times that each State had 4
Republican form of government, and
every Senator declaring that Congress
had not the power TO interfere now,
would declare to Kellogg and his fol-
| lowers, "You and they can repeat this
thing in 1876, in 1880 or in 1884, and
Congress las no pow er to set it right. 4"
IfCongress had noaUthority to intelf re-
then the McEnery government could
set itself up also by force. Violence
was as good q title as fraud, and q lit
tie more manly. When Il man spGal1s
beneath the soiled robes OF & Federal
Judge. he has not the Inanhness OF the
O1e who goes out with sword in hand
to maintain his position. There WIS no
question in his mind as 10 tie power
| OF Congress to take up the Constitu-
Son Of any State and declare whether
or not it Was republic ~ il form. The
power of Congress was supreme.
Mr.. T.rrv, Of Connecticut, said he
must differ from the gentleman as to
til power of Con"rcss
/ Mr.. Carpenter said he was sorry til:
/ Senator wouil stand il his place and
/ virtually >ny if Kellogg; and lis friends
I joined hand, and Ge.ied the PEG
PIE Of It. the 5,s s's eai,d fl not interfere.
| DID lie mean to say that If r band OF
rGtiians should seize The Slate tina:
Congress Couid not then itt-rEere?
Ferry SAID he meant to say that under
1!lr system OF government there l.
W,thln the Stat" n remedy Tor uSuTra-
tion nf tie Government, cr else the
/ Republican form OF Government Is
Al tot.i failure. Carpenter said. sup
pose The people of Con:recticut should
declare they would h1ve a monarchy;
that they were sick and tired OF Il Re
/ publican Goyernln nnt. and that their
/ Governor and Legislators should re-
main in Office for life. Would Con-
| gress then have power 10 interfere :?
4 Ferry said trcre WAS 4 remedy for that.
Where the whole people of the State
preferred a Mon@rchicai Government
! it was an entirely different thing.
| He heartily concurred with the Stn-
ator from Wisconsin, tCarpeEterl
that the State Government OF
Louisiana was root and branch
for usurpation. hut could not
agree with him as to the remedies
Carpenter said in debate OF this kind
that he WAS III n position of lighting IN
open field against an ambuscade. The
7 4 L.. y
not let them out. II he has plan
why not let it be known He Gar
penter) was like Mcclellan in one
thing not welded to any particular
plan Laughter If the Senator had
plan and it was better than the one
he fCarpcnterl proposed, lie was
ready to support it as soon as the Sen
ator would remove the seal of conf
dence from it. The Senator Gerry
concurrod with him, that the
present Government OF Louisiana
was no government at all, but usurped
by kellogg. He (Carpentcr) believed
that the Kellogg Government was
held mp by the bayonets of the
United Stat s, sustained this hour by
the troops of the United States, and
he wanted to known what remedy
there was for the difficulty. The Su-
prone Court of the State was in con
spiracy with Kellogg and would not
jnauglirate any move for reform; the
State Legislature was in the conspi-
racy and 1t would not DO so; the Gov
erument would not and the people
could not, because Federal bayonets
We're leveled at them. The powers of
the Federal Government were SOW
ereign, except as limited by the Con
stitution, as those of the Gar of Rus
STA; Congress could dec are war to-
morrow against any nation, with or
without cause; it could tax the last
dallar from the pockets of the people,
or establish female suffrage and put
the women i'll the army. The great
argument made, in the press particu-
larry, was the..inexpediency of calling
new election. on the ground that it
would be a dangerous precedent, but
that was not sound logic. Calomel