New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-17
THE ELECTORAL TRIBUNAL.

On Wednesday, on the reassembling of
the Electoral Commission, Hon. Matt Car
penter, in behalf of the Democrats, re-
sumed his argument. contendiug that the
constitution of the United States forbade
the comforting of judicial powers upon the
Returning Board of Louisiana, aud that
the law of the State which attempted to
confer such power was void. The Reylrn
ing Board, had it possessed judicial pow
ers, had gone outside of it's powers. The
statute requires that duplicate returns
shall be made within twenty-fOur hours,
and such returns were not made within
fifteen days.
Mr.. Carpenter quoted from a report made
by Representatives HOar, Wheeler and
others, condemning the Returning Board as
an illegal body, and read the law creating
the board. to show that in cases of fraud or
violence during the election, formal state
ments of such fraud and violence showing
their effect and how many voters were pre-.
vented from exercising the right of suffrage,
must accompany the returns. He was pre-,
pared to say that in no single instance did
such statements accompany the returns.
He referred to the Pinehback case, and gave
the reasons why certain Republicans voted
against Pinchback's admission. These rea.
SOUS were set forth in the speeches OF Senator
Edmunds, of whose ability and elOquence
he was but an humble and hopeless imita-
tor. Would not Mr.. Wheeler wake up as
tonished to find he had been counted in as
Vice President by the very machinery he
has in a report, which be signed, denounced
as Illegal! Ii fraud is tc be recognized as
an instrumentality in electing the Presi-
dent aud Wee President, then we might as
well bid farewell to the country. 1t is a
significant fact the centennial year wit
nesses this disgraceful state of affairs,
while we were inviting the world to wit
ness our amazing prosperity and the har-
monious working of our governmental ma
chine, that machine, it would seem, was
"gOing to smash"
Mr.. Carpenter presented some authorities
as additional to the brief submitted by him
TO show that Kellogg, as Governor, could
not givea certificate to Kellogg as an elec-
tor, and he argued that they must go be-
hind the certificate to see that Kellogg was
elected.
Judge Trumbull read printed brief Civ
ing at great length the reasons why the
Kellogg certificate is false and fraudulent
Among other things charged against the
Returning Board was the forging Of the re-
turns from Vernon parish. 1t was also
charged that Levissee. Brewster, Burch,
and two or three other Republican electors
| were ineligible. The two first because they
held offices of trust and profit under the
| U0ited States, and the Others were State
officers.
evidence, and was proceeding with his ar.
| gument, Mr.. Evarts asked what the order
| OF the commission was in regard to the time
| allowed counsel to argue as to the admis-
sibility of evidenced
| Judge Trumbull requested three hours.
| Mr.. Thurman thought the case would be
expedited by allowing the evidence to go
| on, subject to objections, instead OF fritter.
| ing away their time on admissibility OF
| 10 oh uyoa oh is
comm sslUn court of common pleas in.
stead of the great tribunal it was intended
to be.
hi. Edmunds argued that the effect OF
taking testimony Professionally might be
that at the end of ten days they might tiOO
the evidence inadmissible and the whole
time wasted.
Judge Bradley thought they should 60 OF
in manner similar t0 the course pulsueC
in the Florida case.
Mr. Edmunds submitted the following
| "OrdeTed, that counsel now be heard OF
the whole subject as the case now stands
and that four hours on each side be al
lowed"
Judge Strong offered a substituted, Civ
ing the council two hours on each side Il
argue the admssiblity of evidence.
| Mr.. Thurman moved an amendment
making the time three hours. Rejected,
to s.
Mr., lmunds' proposition was rejected
yeas 4, nays II,
The proposition of Judge Strong wa
agreed 10 without a division.
Judge Bradley moved that counsel ol
either side may take, in addition to the twt
hours allowed to discuss the interlocutoT,
question as to the admissibillty of the evi
dence such additional time as they ma.
desire, to be deducted from the four an,
a half hours allowed yesterday tor gen era
debate,
The commission then took a recess
On reassembling Judge Trumbull begar
his argument in favor of the admlssibilit,
of the evidence offered, claiming that thu
commission has all the power of Congress
and can 20 to the bottom of the matter be
fore it, and ascertain every fact IL
claimed that no man worthy of the higl
office of President, or even of the position
of constable of paltry town, should aC
cept office on titls given him by William
Pitt Kellogg.
Mr.. Trumbull, in stating the case, sal
they wsuld prove that Kellogg was de fact
Governor of Louisiana during the month
of November and December last, and tina
be was not duly appointed an electOr. The
would further prove that when the Return
ing Board canvassed the votes they had 4
legal evidence of violence at the election
and cOnseQ uently had no right to throw on
, omitted, willfully or otherwise, the return
l from certain polling places in their prt
: | cincts; that by the returns actually mad
by the commissioners of election, Kellog
: was defeated as an electOr by several thoI
! sand M iOrity; that Kellogg, when he cert
fed to his own and the election of the Othe
7 | electors, well knew that he was certifyin
to what was not true, and in accordanc
with the returns; and that the issuance {
: these certificates to the so-ealled Hay(
! electors, was in pursuance OF an unlawtl
combination and conspiracy, of which he
logg Wells, Kenner, Casanave and othel
were the actors.
: Mr.. StoughtOn, for the Republicans, sal
there were objections which might as we
r be answered here. 1t would be remembers
/, that when the vote of Connection WI
opened that her Governor, Mr.. Ingersol
who gave the certificate, headed the lie
= 1t had been asserted that Governor KellOl
. was not Governor of Louisiana, He r
ferred to the decision in the DOrr case
the Rhode Island insurreetion as eonclusi'
e on that point. He said the offer presents
Il was to determine by a search and scrutiI
of ell the polls of Louisiana to asoerta
} what was the vote of the State, holding Il
! action of the officers of that State +
naught. He would undertake to show tn
!, the statutes of Louisiana conferred upt
the board full power to determine wi
> were elected by the votes of that State, al
that the Electoral College had the power
fill vacancies in its body. He read fro
y the decision in the Florida case by the col
u mission, that it was not competent for the
= to go back of the State, ana he could Il
y conceive that the question was open I
argument.
q Mr., Shellabarger argued that the act
! 1872 governed the eleetion and that the .