Daily Kennebec journal., 1877-02-15
The Commission.

tiona.
Senator Howe bad not, hc said, attempted tC
deny that there had been frauds, but went upon
the theory that if the plaintiffs agents commit
robbery, the defendants agents may also commit
robbery.
lie read from the report of Messrs. Wheeler
and Frye, and said, "Wouldn't Wheeler wake up
astonished to find himself elected by the yery
means he condemned.
lie did not deny that there were wrongs per-
petrated in the south, but said they were brought
about by the smart produced by illegal acts BY
which fraudulent government was put upon
them, and denounced in bitter term for non act
ing as returning board. who ft.> c..-e. .,..t. "a.
government through fraud ami villain, upon tie
people OF Louisiana A careful and thorough ex-
animation of this case by this tribunal would do
more to restore peace in Louisiana than the argu-
ment of soldiers.
Mr.. Trumbul followed CARPENTER and said he
supposed they should now present evidence. lie
proposed to show that William L. Kellogg, who
signed the certificates, and w. ii. Kellogg who
received the certificates, were the same.
Secondly, that William z. Kellogg was not lo-
gally elected having received less than una iorily
of the votes.
They further ofeI to prove that Oscar Jafinion,
a. B Levlsse aid o. Brewster, pretended electors
10 the pretended electoral college, ineligible,
the two former being state and the latter federal
officers. Also that Morris Marks and j. H. Burch
were state officers, and all of them prohibited by
the laws OF Louisiana from holding two Cfhces in
the state.
They further offer 10 prove ;hat a member of
the returning board offered 10 receive a brihe to
cast ms vote Tor Ii.den electors.
A question sprung up to the time to be allow
ed lol argumentIon the inteilocuory question as
TO The admisslbility of evidence offered.
thurman thought the case would be expedited
by allowing the evidence to go in, subject to oh
Jectons, instead of frittering away time on the
adinisslolllty of testimony. lie thought it was
making this commission a court of common pleas
instead OF the great tribunal it was intended to be.
Edmunds argued that the effect of taking tesii-
mony Professionally, might be that at the end of
to-day they might find evidence nadmissible and
the whole time wasted.
Judge Bradley thought they should 20 on in
manner similar TO the course pursued 10 the Flor
Ida uase.
Judge Miller asked if it could not be 50 ar
ranged that the question could be argued, so that
when the commission went into consultation, if it
was dec ded not to admit evidence ii would not be
necessary TO hear further argument.
Edmunds submitted the following
oldered, That counsel now be heard 90 the
whole subject as the case now stands, and that
four hours on each side he allowed
Judge Miller thought that the effect of the order
was to permit the case TO be argued as it now
stands, leaving the admssbity of testimony. II
that was admitted of course they would have to
cone back and listen to the argument on it.
Abbot was opposed to mixing up the case. II
the evidence was excluded he wanted them to be ar
argument on what was LETT Of the case.
Thurman agreed with Abbot that the case
should not he mixed. lie, however, favored con-
sderng evidence on both sides before theuI
subject to future decision TO admiss bilily and
force.
Judge Strong offered substitute giving coun-
sci two hours on each side to argue the admiss-
bilitv of evidence.
Thurman moved to increase the tine in Judge
Srong's proposition to three tours; rejected sew
en- to eight
Eimunds' proposition was rejected, yeas 4, avs
II.
The proposition of Judge Strong was a. reed to
without division.
Judge Bradley moved the counsel on either
side may take in addition to the two houIs al
lowed to discuss the interlocutory question: as to
admisssbility Of evidence, such additional time as
thev may desire, to be deducted fIom four and a
hall hours allowed yesterday for general debate.
The preliminaries all being arranged, the commits
son at II 80 L. NJ. took recess for haf an hour.
After the recess Mr.. TIunbull proceeded with
his algument, saying that they were brought face
to face ith the question whether a president of
the Cuittd States is to he made though fraud and
yllany on the part of officials whose duty it was
to issue the certificates.
The country wanted decision to who was
lawfully elected, and the county would not be
satisfied with anything else. lie referred to the
refusal of the senate TO recognize keoggs GER
tifcate TO PInchbeck elecror, arguing that Ke-
logg is IN no better sition than MCEnery 20 GER
iify to electors vote.
Mr. Tumbull contended that il congress chose
to 20 behind the governors certificate and inquire
who have been chosen AS electors il is not vlolat-
ing any principle OF the constitution of the state,
but simply going behind the evidence prescribe
ed by the act of congress. and thus going behind
the certificate of the governor, we find the offcial
returns OF the electors fl ON the parishes of Louis
lana have never been counted by anybody having
authority to count them.
Justice Bradley-Who made the canvass atthat
time;
Mr. Trumbull--It was rcqui ed 10 be made by
the returning board, which consisted of the gov
einor, the secretary Of state, the auditor and two
other persons, and there was controversy a. to
which was the tue canvassirg board.
Justice Bradley-lt was held that the proper
board had not made the canvass.
Mr.. Trumbu-lt was not decided in the re-
rort of the committee or privileges
Senator Morton-Have you the whole report
theie!
Mr.. Trumbull-I have One of the points stat
ed il, that the persons who in fact made the ex-
animation and count had no legal authority to do
Senator Edmunds-Do understand you to say
that the udgmen of the senate four years ago
was on the question of fact as to what the real
vote of the people of Louisiana was
Mr.. Trumbull-lt is difficult to tell on what
cons ide ratlons senators vote. The certificate of
the governor of Louisiana in that case was in
proper form, and ior some reason both houses
coucuired in rel. citing the vote of Louisiana.
Senator Edmunds-The fe;o olution adopted
there was that all the oto ctions presented having
been considered, no electoral vote purplrtng to
be that of Louisiana should b. counted. That
was adopted by vote of 33 to l6.
The presiding Justice (lnterposng) are
entitled to the floor Mr.. Trumbull, unless you
vi ld-proceed.
senator Edmunds-(to the presiding justice
with some aspelity of tone)--Do you mean 10 say
tha. a member of the commission cannot make an
inquiry
The presiding Justice-( (authoiilat vely)-l say
that MIR. Trumbull is entitled to the floor.
/ Mr.. Tfumbull read governor Warmouth's GER
IL cate in tha, case, and said that this one thing
was certainly settled by congress there, and that
was that the governors certificate (the same as
that known as No. | in The Casc) might be over
ruled by the concurrent action OF the two houses
At the clio Of Mr.. T;umbuis argument he
filed on behalf Of Messrs. Headty, Green and
hin se1 brief on the subject of the electoral
votes of I4evisse and Brewster.
! Mr.. Carpenter referred the Comm iss ON to au-
thorties on the point of Gov. Kellogg hav ing ne
authority to ceriy his own election as Presiden-
tial eltctor.
Mr.. Stoughton followed with an Argument on
the republican side of the question
MIR. Shtlebatger followed on the republican
side, deveting his argument mainly to proving le'
gslity aud jurisdiction of the returning beard a
constituted.