New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-14

on tho mere suggestion Judge bradiey ms ''' '' ~
Judge Bradley intimated that the counsel had drawn
Oyn GO Ts,SS Ma II is
are not judicial will claim they are executive ten
eowmson sits here under this Of Congress. exer
cisng political powers. Its duty is precisely VIVA. te
pnrposo Of coming to the naury-What the powers
vested In this ComDiissiont
DECISION on THE FACTS.
Mr. CARPENTER then quoted the language OF the act
creating the Commission and contended that IL Is the
duty OF this tribunal not to ascertain what appears 10 DO
the ease but who have been duly appointed Now THIS
Is precisely the jurisdiction exercised by all courts
IN trying writ Of quo pdrrdnfo. imagihe
IT. s Question Should pn' be- "vessats% such
way that you would get the merits Of the question
any decision this tribunal should render Upon
except full and impartial hearlns Ihe eahGaa.es
didate will acquiesce I'm decision which IL
based upon mere techneaites and wehno@n ase est
question ia uDd0ubted In my mind Dir: carpenter uo'i
quoted various authorities 70 show tot ts wfi 81 q
FORM but in substance Is clyll one NOW tne c9hsu
Of the United States declares mat The Poer
under this Constitution. to all treaties made ID pifsaso
HAYES is counted in or vice versa controversy
rests between them to which IL entitled 10 exercise h
office OF President, man world say mat was no.
ease arising under the Constitution and laws or the
United states. Now, let whether any court has
jnnd aTsTyboy ny Else that f'G teee decision
made here and any shulng or evasion was INDUCED IN
nobody would lie satisfied with it, and this question
would get into judicial controversy ana veh the
land for mouths and perhaps FOR years. Congress
has At to Commission and impose upon IL INC
duty, OF ascerfsniug who ought to be counted m anu
who has the rini iacic ease, but to ascertain "no
were duly appG mt electors OF the State OF louisiana
This staruto h. .rgisated upon this Commission pre-
c,cly the duty winch the common law lays upon
judicial court IN the case OF n quo warraito
TIE LAW OF LOUISIANA.
Another question, think, OF considerable diff
calty, and that is, What the statute law Of louisiana
on the 18th o; November last II the act OF 1868 was in
force al hast election 1t is rot pretended that there
has ever been any the vote OF that election ac
cording to the statute. There Is pretensc OF that
50 that II your Honors shall mold that mo act
taking eff CT April l. and this not repeating the former
act OF the IGLh March, then this tonight is pre-
ciseIy IN tine attitude in which four wien
tic Two Houses, acting for itself decidct The woes
should he excluded Now. ask thS Commission
whether il VIII do to decide that Congress Violated lis
constitutional duty or usnrpcd power III hoidis thhS
That must be the conclusion yOd are 10 hold lof you
cannot 20 back OF the Governors certicate Nhcn We
come repeal OF the act OF 1870 the question may
the original law; bat IN that state thai
fact is forbidden % Inc 81 1s1 Oiid nof
revive VI 1865 The act Of 1865 ~ lost entirety
unless It continued IN fore ~ !he Iesilo 1. ie
Revised Statutes continued III force hen the act OF 1868
did eOAlaiu provisions iii regard TO tue eieetOis
me oi S72 cid not except TO hx the date which was
wholly unnecessary, Congress hAllhs Hetcr,hvn .it
Now. Thew maintain tind here cross tho pain OF some
other counsel more c4SCtoe
NOT Stale officers. Tncy are therefore not OK
cIrdrd III theso general PROVISIONS oi TINS act
OF 1872 Another point 1 regard as entlrey
conclusive that in regard ~ he action or tins Returning
Board IN excluding voter, when tue Constitution VI the
United states says Tie electors shall he appointed
IN such manner the Legislature OF thc state
may direct, OF Il state Of tue Union; 80
maintain that II manner prescribed by tc state or
Louisiana appointing electors Is ia violation Oi the
CysIliutJn tHat State, taen IL Is not cOmplHhce
with the Constitution or the United ates lca'll that
il AN snow that the election law - clearly 10 Violation
of Tie Constitution Of tie Sate ~ LpuSna Is equally
in violation of the Constitution OF the United states
am now proceeding IL treat che Gct * ls12 as though
app.rd 10 tie election or ecctOrS THIS act cicates
"A canyassiug DO ri, 10 b. appointed by the
senate aud, 50 body knows. tIcy hola their
Offices d.Ilng thuir Natural lives. As vacancies occur
tDey hL 10 iii them. They arr close corpora
ton and much potent tban the people or that
state-if this law Is cOIsIliut,Oi!-s Tue Government
~ the Unitsd States potent thin the G"fe!AmehJ
OF the STATE SIR Carpenter ihcn r5cit-d tAe provisions
OF The ari AID enumerated the dutes dsyoYng upon
tho Dvaru vi C.ny.;Scrs.
a PREMATURE ADJOURNMENT.
At this point Carpenter complained OF feeling un-
well ON the clos. atmosphere OF the eourt-fOo, which
had been some previously rendered very disagree
by the smoke candles which alone 1t WAS
-htcl. the Commission thefedpon shortly before
I o'clock, adjourned until tO-nO.F0W at IL "a. H.