The Portland daily press., 1877-02-15

board had not made the canvass.
Mr.. Trumbull-It was not reported in the It.
port OF the committee of privileges.
=. Senator Morton-Have you the whole report
there?
MIR. Trumbull-I have. One of the points
stated is that the persons who IN fact made the
examination and count had no legal authority
to do so.
Mr.. Edmunds-Do 1 understand you to say
that the judgment of the Senate four years ago
was on the question of tact as to what the real
vote of the people of Louisiana was?
Mr.. Trumbull-It is difficult to tell on what
consideration Senators vote. The certificate of
the Governor of Louisiana in that case was in
the proper form and for some reason both
houses coucurred in rejecting the vote of Lou
islana So that if this amounts to anything it
is decision that the duly authorized certificate
of the Governor IS not conclusive on the two
houses of Congress.
Mr.. Edmunds-The resolution adopted there
was that all the objections presented having
been considered no electoral vote purportng to
be that of Louisiana should be cou eted That
was adopted by vote of 30 to 16. Among the
objections was one by Mr.. Carpenter of Wis.
on the ground that there was no proper return
of the votes cast by the electors 10 the state of
Louisiana, and hecanse there vas thea no state
government Republican IN form and because
no canvass or count of votes had beea made
prior to the meeting of the electors. Another
objection of similar import was made by Sena-
tor Trumbuli of Ill.
Presiding Justice (interrupting are en-
titled to the floor Mr.. frumbull, unless you
yield, proceed.
Mr.. Edmunds Ito the Presiding Justice with
some asperity of tone) -Do you mean to say
that a member of the Commission cannot make
an inquiry?
Presiding Justice (aulhoritatively)-I say
that Mr.. Frumbull is entitled to the floor
Mr.. Justice Bradley Ito Mr.. Trumbuli)-I un-
derstand that the decision OF the S-uate in that
case went to the form and not to the point
whether the certificate of the Governor was not
conclusive.
Mr.. Trumbull read Gov. Warmoths eertif-
Gates in that case, and said this one thug was
certainly settled by Congress there, and that
was that the Governors certificate (the same as
that known as No. in the case) might lie over
ruled by the concurrent action of the Two
Houses The report of the committee was that
the vote had not been properly canvassed. Now
We propose to show that the vote of Louisiana
has n3ver been canvassed, that the prete nded
canvass is fraud, that the papers are forged,
that the returns are altered and falsified, and
would like to know whether a count under such
circumstances is any better than a count made
by persons who had not any right to count?
Courts may sometimes, although very reluct-
ahtly, change their opinions, but where in the
history of legislative Jurisprudence or of courts
Except by a Durell) has former decision been
reversed in order to permit wrong and iniquity
and falsehood and forgery. If the action Of
Congress is good for anything in that case it
must be binding on this Commission. That
was the meaning when this Commission was
created. 1t will be delusion and snare in
the estimation of the whole people if the ques-
ton is to be decided on the technical ground
that the Commission has nothing to do but to
add up the returns. 1t will not only overturn
the decision of Congress four years ago, but it
will overturn every settled principle of parla-
mentary law from the beginning of time, so tar
as we have any record of it.
We propose to show that the President of the
Louisiana Returning Board with the counv-
ance of his confederates, altered the returns
from Vernon parish, taking 17S votes from one
side and putting them on the other by a forgery
of the paper. We offer to prove it and we
have the evidence to do it.
Mr.. Trumbnll then urged the objection to the
jurisdiction of the canvassing board because it
had not filled the vacancy.
The Presiding Justice notified Mr.. Trumbull
that his time had expired, but in consideration
OF the various Interruptions to which he had
been subjected, some further time was accord
ed to him, which he used in presenting the OBJ
jections to the electoral votes of Brewster aud
Levlsse, who held federal Offices at the time of
their election.
At the close of Mr. Trumbulls argument he
filed, on behalf of Messrs Boadley, Green and
himself, brief on the subject of the electoral
votes of Levisse and Brewster.
Mr.. Carpenter referred the commission to au-
thorities on the point of Governor Kellogg hay
ing no authority to certify his own election as
Presidential elector.
Mr.. Stoughton followed with an argument on
the Republican side of the question. He ex-
pressed his surprise at the objection that the
certificate of Governor Kellogg was inopera-
tive. lt would be remembered that when the
vote of Connecticut was counted ner Governor
UngersoiH was Presidential elector at large,
and that bis certificate had been received with
out objection. Such objections were hardly
suit able to the dignity of the occasion. 1t had
also been objected today land the objection had
been urged with good deal of zea) that Gov
ernor Kellogg was not the Governor of Louis
lana, and that Louisiana was governed by
military despotism. He supposed that tina;
meant that military force had been, on appli-
cation of Governor Kellogg to the President,
ordered to Louisiana for the purpose of sup
pressing insurrecton. The learned counsel
(Carpenter) was right he supposed in saying
that without such aid the government of which
Kellogg was the head would have been over
turned, but counsel should have reflected that
the very fact that Governor Kellogg had made
such an application, and it had been granted
was decisive evidence that he was Governor of
Louisiana.
What was the offer here on the other side.
1t was that the commission should by search
and scrutiny of many 'f not alp the polls in
louisiana, ascertain what had been the vote of
Louisiana at the last erection. 1t was proposed
that the commission should override and disre-
gard and go behind the action of the final re-
turning board of that state and hold it for
nought. He said he would satisfy the commits
sion beyond all question that that returning
ooard as constituted had the power delegated
to it by the statutes of Louisiana to determine
the number Of votes cast for electors, and the
COVER to certify it finally SO far as the authori-
ty OF that state was concerned, and he would
also satisfy the c0mmiss IN that the objection
that vacancy in the electoral college could
not be filled by the college Itself, had NO foun-
datlon whatever. 1t seemed to him that the
ileci-ion of the commission in the Florida case
determined the entire question kere raised as
10 the right OF the commission to 90 behind
the action of the returning board and he could
not perceive that any question: much less the
main question, WAS now open for argument
He quoted against Trumbulrs argument today
from report made by Senator Trumbull, to
the effect that neither the Senate nor House,
nor both Houses jointly have power under the
Constitution to canvass the return of an elector
and that the mode and manner of choosing
electors was left exclusively to the state
He claimed the law of Louisiana relative to
hlllng vacancies in the Returning Board was
merely directory and failure to comply did not
invalidate the action of the board.
Mr. Shellabarger followed on the Republican
side, devotlng his argument manly to proving
the legality and jurisdiction OF the Returning
Board as constituted. He concluded by an al
iuSioH W Wndt has deem the weight and burden
on the other side. 1t is in regard to this alleged
outrage in the 9s state of Louisiana. Why gen
tlemen, he said, can 70 shut your eyes to what
Is now If not the saddest certainly one of the
saddest chapters in Americon history2 By act
ual count, through the aid of Gen. Sheridan,
1t is now set down as part of your history that
in this bliehted and blasted state of louisiana
1900 and odd cltzeus have been murdered, MUIR
dered by plan, murdered by system, by orgao-
lzaton, murdered for the purpose of putting
dowa the right of the black man to vote and
that thing has been. going on through these
dark and terrible years. Gentlemen OF the
Commission, remember that there Is on trial
here tonight the question whether those laws
made in Louisiana, in pursuance of that 103d
article of her constitution, enjoining it on the
legislature to make laws of protectien Of the
right of the freedman to vote are to be respect
ed. If you fail to execute these laws you will
have stabbed your country in that place where
we are taught from childhood the life of the
country is 10 be found and TO reside. to wit:
In the freedom and purity of the ballet.
Adjourned till tomorrow.
WASHINGTON.