New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-15
A REVIEW OF THE FIELD.
YESTERDAYS SPEECHES.
A SKETCH OF THE LINES OF ATTACK AND DEFENSE
NINE HOURS oP TALMNG-THE REPUBLICANS
UNMOyFD.
fBY TELEGRAPH TO THE rRrBuyE.1


penter occupied an hour in finishing his speech.
He appeared to feel constrained by the associations
of the Supreme Court to made a close legal argu-
ment, and not to indulge in the ford style Of
oratOry which he is usually quite successful.
Only for few minutes at the close did he give him
self little rein in this regard. After he had con-
cluded, the question of evidence, which he and the
two Democratic directors who had preceded him had
treated already decided in their favor was raised
by Judge Trumbul Ii had apparently been held
back in order to gain time for argument beyond the
four hours and half which the rules allowed.
Judge Trumbal wanted to offer the evidence by
piecemea and to make a speech on the admissible
ity of each item. The Commission recoiled from the
prospect however, aud insisted that the whole offer
should be consolidated in lump. The counsel were
prepared for this decision. for theya produced
pamphlet, which Judge Trumbull began to
read The pamphlet consisted of about 20 closely
printed pages, and contained statement
couched in formal and verbose legal phrases of the
evidence the Democrats wanted TO Offer 1t wholly
ignored the plain and positive decision in the Florida
case and proposed that the Commission should make
itself an appellate returning board TO revise all the
acts Of the Louisiana board and to 60 behind it and
compile the original returns from the precinct COM
missoners Of election 1t proposed furthermore to
establish irregularities, conspiracles frauds, and
corruptions almost without number. While the
final pages of this extraordinary document were
being read by Mr. Merrick, who had TO come to Mr..
Trumbulps relief, Mr.. Carpenter was at work
writing additional offers of proof which were read
in conclusion from his manuscript.
If the Commission should decide TO admit all the
evidence specified. and then should hear rebuttlng
evidence and allow the Republicans, as would be
only Just to put in their evidence of intimidation,
"A bao 1tritb ipl hon
time This statement, which is by no means exag-
qerated. shows how thoroughly disingenuOus the
Democratic method Of conducting the case is.
There are only - working days before the whole
Presidential question must be decided, If ever, and
yet the Democratic counsel lay out legal campaign
of many months and demand that the Commission
shall give them leave to proceed with IT, on pain, IN
case of refusal of being denounced for sustaining
fraud.
Judge Trumbull asked for three hours time on
both sides 10 argue the question or admitting the
evidence this to be in addition TO the time allowed
on the main issue. Judge Strong moved 10 aho"
two hours. Senator Edmunds proposed that each
side should have four hours on the whole case as it
stood, then if the Commission should decide not 10
admit the evidence a final decision could be had
without further argument. Senator Thurman sug-
cested that the evidence should be considered as In
but subject to objections, and that the argument
should proceed on that assumption. senator
Bavard suggested that the evidence should be re-
o,rded "A proved but in on a demurrer. NJ Evarts
protested against his side being considered as adj
hitting any evidence outside OF the certlncates Us
in. Most Of the Commissioners also made sugges-
tons or brief arguments on the question. Al tie
end of half an hour OF informal discussion the roll
was called Oh the pending motions. The hrst was
an amendment by Mr. Thurman to Judge otrohgs
motion to give three hours instead OIL TWO
TO side on the interocutory question Vi
evidence. Mr.. Thurman first made IL four'
but he was reminded that the counsel hau Only
asked for three hours. His amendment was reJecleu
by Yeas z; Nays, S-a party VOTE oehator Luz
munds's substitute was then reJectcd-t u lI-auu
Indoo stronr's motion prevailed without new call.
ruling was afterward made by the commission
which permitted counsel 10 Use any portion OF the
time assigned for the discussion of the MAN issue 10
lengthen out their allowance on the question OF EVIL
dence
Tho object of this decision of the Commission was
that they ARMED the merits of the entire case aDOut
ne Senator Edmunds had proposed they should Ia
senator Trumbull reopened the regular debate Win
speech of nearly two hours length IN behalf Oh Tie
democrats. He followed on the track OF Mr. Car
penter pretty closely but making gather more
compact and trenchant argument. Ater"aId T.
". Stoughton and Judge Shellabarger spoke ior the
Republicans both making strong ioglcai arguments
admirably fortified with citations Oh authorl1ios
from statutes and decisions
The main points in the arguments OF the Demo
crafts stated in the smallest compass are S
follows First that the Louisiana returning
Board had no authority TO canvass the return tor
Presidential electors because the law OF 1872 Great
ING the board does say expressly that they snail
do 40 Secondly that if they possessed the power
thew did not exercise it in obedience 10 law, having
thrown ont returns without the legal foundation OF
nroof required and that their acts are therefore VO
Thirdly that If the board had the power to canvass
the vote for electors then the Electoral College had
no mower To fill vacancies, because the Electoral law
of 1879 repealed the whole of the law OF 1868
which contained the only provision for nlllng such
vacancies. Fourthly that the acts of the board are
void becanse the one vacancy upon it was not hlled
bv the appontment of Democrat. Filthy, that
the board conspred to disfranchIse 10000 voters,
and 70 defeat the will of the people that it falsied
returns and that ii corrupty offered TO sell its YER
dict and that therefore lis decisions are vi o e"eo'
sixthly that two of the Hayes electors were dis
qualified a. Federal officers, and that the vacancies
caused by their absence from the college could not
be filed Seventhly that four OF the Hayes
were DISQUALIFIED by the State Constitution by hold
ing State offices. Eighthly, that Kellogg, as 'oVer
nor certified TO his own election as elector' ana
that his certificate was therefore not wand.
Neither the Democratic counsel nor the obIectors
have made any serious attempt 10 uphold the lhen
returns All their effort is concentrated upon break
| ING down the Hayes returnA The Republicans de-