The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1877-01-18


COMMISSIONER Hoar-I DID not understand that |
Judge Bradley announced the proposition that |
Mr. Carpenter-The proposition is TO my min !
selfevident, so fortified by the Constitution
that viii stop on the mere suggestion that Judge
Bradley has made on the subject:
Justice Bradley intimated that counsel had
drawn his own inferenees.
MI carpenter then quoted the LANGUAGE OF me
act creating the Commission, and commended that
II Is the oaty OF ne 1rlDunal, nor 70 Sseebsala
been duly appointed Mr. Carpenter quoted
QltO s0dTT0TltO was not a criminal proceeding,
although il is in FORM but it is in substance civil
said: Another question think is one Of consid-
cradle dificulty, and that is what the statute
revised statutes took effect, did they repeal ali
anterior conflicting statutes, was this
| act of 1870 saved from repeal by the act
OF the 2sth Of February? That IS the question: Let
me in the first place proceed uPOn the theory
mat the State on the list Of April did repeal the
the theory that it aid not and come out just sat
If the act Of 1868 was in force the last election il
/ canvass of the vote of that election according
| to the statute There is no pretense that
act of Ises vas in force beca1se a1,bof,ad in the
repeating the former of the 10th Of March, then
this case tonight is precisely>in the attitude 10
! which it was four years ago. At that time there
came uDfrOm Louisiana the regular certificate of Its
onfed Eeo9ors Of the state but the Senate going
upon the theory which maintain IS the true and
proper one, raised a committee IL advance to
examine into the facts about the election Of that
them here III large numbers and made an ex-
animation, ana the Committee reported that the
stitution Of that State Then it is not compliance
with the Constitution Of the United States. I
ton Law is entirely in violation Of
Louisiana It Is entirely in Violario6 of the 6onst-
to treat of the act Of 1872 as though it applied 10
o a
canvassing Board, to be appointed
anybody knows they hold their offices during
their natural lives. As vacancies occur, they have
zion, and as much more potent than the people Of
that state-I TINS law Is constltutlonal-as the
Government OF the United states is more potent
than the Government or that State. Mr.. Carpenter
merated the duties devOlving upon the Board Of
Canvassers.
ing unwell from the close atmosphere of the
Courtroom, which had some time previously been
candles with which alone it was lighted, and the
Commission thereupon, shortly before O'Clock.
adjourned till tomorrow at II.
, WASHINGTON, February NM Carpenter, on
the reassemblng OF the Electoral Commission this
! morning, resumed his argument, cOntending that
ferring judicial power upon the Returning Board
OF Louisiana and that the law OF the State which
attempted 10 confer such power was void one
man could not be punished for anOther's offense.
{ Suppose we take Milwaukee County, where the
Democrats can give five Thousand majority, and
one hundred OF us Republicans buIIdOze another
: whole vote is thrown out would that be
D just3 The Returning Board, had it possessed
5 judicial powers, had gone outside OF its power
Inc statute requires duplicate returns to be made
3 within twenUy-fOu hours, and such returns were
not made within fifteen days He read from the re-
: port of Messrs, HOar, Wheeler and Frye, to show
change the result, and said they were prepared to
t show that ten thousand voters had been distran-
{ Chised. Senator Howe went upon the theory that
If the plaintiffs agents commit robbery, defend
: ants agents may commit robbery.
This not matter for Louisiana to settle for
herselI. Inc toh0te Adtton was interested In the
| gress may assist in making, and in the President
4 of the United states that her vote would make.
} He read from the report previously quoted and
I said: Wouldn't Wheeler wake up astOnished to
: find himself elected by the very means he con
, demned3 He did not deny there were wrongs
? perpetrated in the South, but they were brought
by which a fraudulent Government was put upon
iathem, and he denounced in bitter terms the four
? kellogg Government, through fraud and YillRinY
I upon the people of Louisiana.
a A careful and thorough examination of this case
by this Tribunal would do more to restore peace
T Mr.. Trumbull said he supposed they should now
present evidence that fraud, lrregularity and IL
/ legality the part of the Returning Board were
= dueed that Kellogg and others we're accused ike.
q wise of sins Of omission and commission, and that
, the proof thereof offered be furnished.
: allowed for argument on the interIocntory cues
!. ton to the admissibIIty Of evidence offered.
i Mr.. Thurman thought the would be eX
pedlted by allowing the evidence to go in, subject
to objections instead OF trittng away their time
e making this Commission Court of Common
1led5 luSlGdO VI LLG great II was
!: Mr. Edmunds argued that the effect Of taking
s testimony previously might be that at the end Of
) ten days they might find evidence 1nadmlssible
r Judge Bradley thought they should go on in 6
manner similar to the course pursued in the Flor
n IDA case.
r Judge Miller asked if it could not be so arranged
It that the case could be argued so that when the
r Commission went into consultation, if 1t was de
r cided not to admit the evidence. it would not be
o necessary to hear further aTaumentl ~,
: | Mr.. Edmunds submitted the following: "Or
; dered, that counsel now be heard son the whole
= subject as the case now STANDS and that foul
d Judge Miller thought the effect Of this order was
4 leaving the admissibiity OF testimony to be con
+ sidered afterwards II this was admitted, O
q course they would have to come back and listen
3 Mr.. Abbott was opposed to mixing up the case
= If evidence excluded, he wanted them to heal
n | argument on what as left OF the case.
a Judge Strong offered a substitute giving cOun
Il sci two hours ON each side to argue to the ad
a instability Of evidence.
n MIR. Thurman moved an amendment making The
= time three hours. Rejected TO 8.
l. Mr.. Edmunds' proposition was rejected-yeas 4
It The proposition Of Judge Strong was agreed to
d Mr. Thurman agreed with Mr. Abbott that tn,
e case should not be mixed. HE, however. favored
n considering the evidence on both sides as before
a them subject to future decision as 10 It's admlssl
d bilitY and force
Judge Bradley moved that counsel on either sidt
n may take, III addition to the two hours allowed t.
discuss the inUerocutOry question as to the admits
It sbity of evidence, such additional time as they
may desire, to be deducted from the four and
It half hours allowed yesterday for general debate
s eG 2aeass B Rsn 582 pF6oeea with his
argument, saying that they were brought face 4
n face with the question whether President OF thl
le United States is to be made through fraud and
Villainy the part Of the officials whose duty il
b was 10 issue certificates. There other tri
buna to which application could be made except
s. this Tribunal. He spoke of the Tribunal as the
Tribunal of the two houses Of Congress. Could /
d be- he asked, that the Constitution had made NJ
to provision against the inauguration OF a PreFi
D. dent by forgery and fraud, and by con
ID spracy between men who certify to his
electiOn2 He felt Inundated that as citizeI
OF this Republic ne was called 1bon e
he argue this question before q National Tribunal
&c II was not before q CanNasslng Board touching