The New York herald., 1877-02-15
THE EXECUTIVE HEAD.
The Louisiana Case Still Before
the Commission.
THE DEMOCRATIC OFFER TO PROVE
A Long Debate on the Admis-
sibility Of Evidence.
SPEECH OF EX-SENATOR TRUMBULL.
has Congress Power to Prevent an
Election by Fraud?
MR.. SToUGHToN IN REPLY
Republicans Placing Themselves on the
Letter Of the Law.
BOTH PARTIES DEPRESSED.
:
SPEECH OF EX-SENATOR TRUMBULL.
has Congress Power to Prevent an
Election by Fraud?
(, Mr.. SToUGHTON IN REPLY
Republicans Placing Themselves on the
Letter Of the Law.
BOTH PARTIES DEPRESSED.
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL CORRESPONDENT.
WASHINGTON. Feb II, 1877.
In tho Electoral Commission to-day Mr. Carpenter
completed argument showing the character OF the
Returning Board and pointing out the Interest the
whole nation has in fraud affecting tho electoral voto
Of State ,l
Mr. Trumbul followed in forcble statement of the
wrongs charged and offered be proved Cover
nor kellogg and the Returning Board; that Kellogg
not duly appointed elector under tho State law
that the Returning Board had legal evidence before
t Of violence when 1t canvassed the vote, which is
literally true, and othor matters
A discussion here ensued as to the argument for and
against the admissblty OF evidence as distinguished
rom the argument upon tho main question. All the
members OF the commission took part in the discus.
sion, and the commission at length ordered that
hours on each side be allowed for argument in regard
10 the admissibilty Of evidence and that this order
four and half hours TO each side for the general argu
ment V3rif
xR. TRuxBuLLs SPEECH.
So the argument on the admissoility OF evidence
began forthwith, Mr.. Trumbull leading OF in very
close and able argument for the democratic side At
ono P. N. he began with general discussion of the
power Of Congress and the commission to prevent an
rhe commission he said, Is legislative body, which
reed not be hampercd by any technical
rules Of evidence; therefore It could decide for
itself in regard to receiving evidence In this Ho
asked, Is this commission formed merely 10 add up
.lsures examine and consider all questions
submitted and decide according to tho law
creating ns Can you consider how many
and what persons were duly appointed electors
without inquirng into the falsity and fraud
fthese certificates? He recaptuated the evidence
Congress In Of elections He emphasized the
history OF the Kellogg usurpaton, tho rejection of
Pinckback by the Senate the fact that the Kellogg
government has been nothing but usurpatou made
with the holp Of a federal Judge and sitting undor tho
protection Of federal troops.
He rected the history Of Durre his midnight order,
hts resignation to avoid impeachment, his disgrace
"a vagabond the faco Of the sarth," and produced
an impression when he sad:-
His work remains, and this high commission is to-
day asked TO uphold It and give 1t effect
WHAT CONGRESS HAS DECIDED.
He held that the two houses Of Congress have de-
cded that the certificate of the Governor FORM
tho Kellogg. .Pinchback case is not binding upon
Congress
Senator Thurman here interposcd the suggestion
that that decided not only that the certificate Of
the Governor was not conclusive but also that the
tihcate OF the Returning Board upon which his certa
cate was founded conclusive.
Mr. Trumbul read at somo length from Senator Nor.
toms report on Louisiana In 1873, and said:-
One thing s settled that, by the concurrent action
Of the two houses the right Of Congress and the
mission appointed under lin the Kellogg casc) to go
behind returns and reject votc established.
We propose to show the commission that there
was no legal canvass; that the pretended
fraudulent that tho very returns were forged that
the President Of the Board, by the OF hts
federates altered and forged returns, specifying
parishea
All the committees, he said, who have visited
Louisiana and reported to Congress Tor
that the Returning Board has absolutely power
TO do anything but count and compile the votes, and
that they have Jurisdiction IN the way Of reject
ing votes. unless foundation is laid
Judge Miller here remarked :--"wherc jurisdiction
given TO compile and canvass the vote that does
sot confer the jurisdiction to reject votes"
Mr. Trumbull went on 10 show forclbly the illegal
constitution OF the Board and its refusal 10 I'LL It's
number or admit democrat, and discussed the cascs
Of the ineligible electors
When he concluded Mr.. Carpenter had five minutes,
In which he cited authorities TO show that
xcliosg's certificate in favor of himself worthless
SPEECH srouGuroS.
Mr. stougnton followed, and said that in tho Con-
necticut election Governor lngcrsol certified himself
~ eIector- -atlarge lie held that tho fact that ksl
logRs demand for troops was granted was conclusive
evidence Of his right Governors that tho Returning
Board had full power to act, ana that 1t could act
~ well with four with five members and held
tnat all questions in Louisiana are deter
mined by tho Florida case. lilo argued that
the power to take testimony by Congress lcgs-
iatvc purposes only and not Tor the purposes Of an
electoral count; planted himself the letter OF tho
law, aud closed with charges OF intimidation and
blood.
Mr.. suELLABARoER's ARGUMENT
N. Sheabarger followed, also for tho republicans,
n = strong loyal argument He held that the Return.
Ing Board had legal right to sit with four
members, aud defended the character OF Wells