The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-15
WASHINGTON.
Proceedings Of the Commission.
The Argument In Louisiana Case.

HA5hlNhIuNY w CeOFuury l9.-Mf. OaF
penter, on the reassembling Of the Elec
toral Commission, this morning, resumed
his argument, contending that the Con
stitution Of the United States forbad,
the comforting Of judicial powers upon
the Returning Board OF Louisiana, ant
that the laws OF n State which attempted
to confer such power was void. One
man could not be punished for another,
otiense. Suppose we take Milwaukee
county, where the Democrats can give
5000 majority, and 100 OF us Republi
cans bull-dozs another hundred Repub,
liCanS, and because Of this the whole vote
is thrown out, would that be Just? The
Returning Board, had il possessed Judi.
cial powers, had gone outside OF lis pow.
er. The statute requires duplicate re.
turns TO be made within twenty.four
hours and such returns were not made
within fifteen days. He read from the
report OF Messrs. Hoar, Wheeler and Frye
TO show how this delay could be taken ad.
vantage OF to change the result, and said
they were prepared to show that 10000
Senator Howe wGntupon the theory thai
il plaintiffs agents commit robbery the
delendant's agents may commit robbery
This was not matter for Louisiana Ia
settle for herself. As II was, the whole
nation was interested in the laws. The
Representatives and Senators IN Congress
may assist in making President oi
the United States that her vote would
make. He read from the report pre-.
viously quoted and said, wouldn't Wheel.
er wake up astonished to find himself
elected by the very means he condemned
He did not deny there were wrongs per.
petrated in the South, but they were
brought about by the illegal acts by
which fraudulent government was put
npon them, and denounced in bitter
terms the four men acting as the Return.
ing Board who fastened the Kellogg gov.
ernment, through fraud and viilainy,
upon the people Of Louisiana.
A careful and thorough examination
Of this case by this tribunal would do
more to restore peace TO Louisiana than
regiments Of soldiers.
Mr.. Trumbull said he supposed they
should now present the evidence. Fraud
irregularity and illegality on the part OF
the Returning Board were charged and
proof offered ts-b6 produced. kellogg
and others were accused Of sins OF omis.
sion and commission, and proof thereof
offered to be furnished to the tribunal.
a discussion sprang up as to the time
to be allowed for argument on the inter.
locutory question rs to the admissibility
OF the evidence.
Judge Strong offered all order giving
counsel two hours on each side to argue
the admissibility Of the evidence.
Mr.. Thurman moved an amendment
making the time three hours. Rejected
-7to8.
The proposition Of Judge Strong was
agreed to without division.
Judge Bradley moved that counsel on
either side may take, in addition TO the
two hours allowed 10 discuss the inter.
locutOry question as to the admissibility
OF evidence, such additional time as they
may desire, 10 be deducted from the four
and half hours allowed yesterday for
general debate.
The commission then took recess.
After recess Mr.. Trumbull proceeded
with his argument, saying that they were
brought face 10 face with the question
whether President Of the United States
is TO be made through villalny on the
part OF the officials whose duty il was 10
issue certificates. There was no other
tribunal 10 which application could be
made except this tribunal. He spoke OF
the tribunal as tribunal Of The two
houses Of Congress. Could it be, he
asked, that the constitution had made no
provision against the Inauguration Of a
President by forgery and fraud, and by
conspiracy between the men who certify
TO his election? He felt humiliated
that, as a citizen Of this republic,
he was called on to argue this
question before the national tribunal.
1t was not before canvassing board
touching the election Of Justice OF the
Peace, but the National Congress, having
power to go the very bottom OF every.
thing, that he appeared. There was sub.
mitted 10 this Commission not only the
question who were the lawful electors,
but all the matters connected with the
double return. When the act was passed
a thrill went through the country, and
there was feeling that, whatever the
decision was, it would declare the true
voice OF the people. Should il be said
that when the law declared that they
should consider all questions connected
with the double returns, that it merely
meant that they should do simple sum
in arithmetic and add up the returns In
one Of the certificates? What the coun-
try wanted was decision us 10 who was
lawfully elected, and the country would
not be satisfied with anything else.
Hardly twelve months have transpired
since a person came here knocking at the
door OF the Senate with paper signed
William Pitt Kellogg stating that he
had been duly elected ) the Senate. Did
the Senate open its dt6rs to him? Why
he has stood there knocking ever since
kellogg pretended to be Governor, until
finally the Senate shut the door in his
face and sent him away. Kellogg then is
in no better condition than McEnery,
but you have got certificate here from
person claiming to be Governor-a
certified list, as it Is called in the statute,
oL the names Of persons elected electors.
What does that amountto to? Did the
Constitution require it? The Constitu.
tion said that the electors should meet in
their respective States and vote BY ballot
Tor two persons, one OF whom at least
shall not be IN inhabitant Of the same
State with themselves, and that they
should make a list Of all persons voted
Tor and Of the number OF votes for each,
which list shall be signed, certified and
transmitted, sealed, 10 the seat Of the
General Government, directed to the
President OF the Senate. The President
OF the Senate then, in the presence Of the
Senate and House Of Representatives,
shall open all certificates and the votes
shall then be counted. That is all the
electors have got to do. This is right
not inherent in the State but derivatiye
from the Constitution OF the United
States, which is as much part Of the
Constitution Of every State as it ia OF it,
Every word and every letter in this con.
stitution is az binding on the State as
upon on The United States. Mr.. Trum.
bull referred to the unanimous report
made by the Senate Committee in 1873,