The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-15

tribunal your decisions are to be reported
to both houses of congress and the two
houses of congress, may set them aside.
There Is an end then of saying this tri-
bunal is exercising judicial, power, or
that whether you decide that the vote
shall be counted for Hayes or ridden.
that decision precludes the question be.
tween these two. II does not. can
| not. In no possible aspect of the case
can IL be maintained that this tribunal Is
any thing on earth but legislative COM
mittee Of investigation.
At this point Justice Bradley inter.
rupted: I don't think there is differ.
ence OF opinion on that point. 1t is a
universal theory, 50 far a I am in
forraed. that the powers of this commits
sion extended so far and so far only as
the powers OF the two houses OF congress.
Dir. Carpenter-In other words, then.
| it is agreed on all hands that the powers
of this commission are political powers.
delegated by the two houses of congress.
Your honors would have relieved your
selves from the inflction OF the last
twenty minutes il you had announced II
| early.
Commissioner IIoar--l did not under
stand that Judge Bradley announced the
proposition that you have just stated.
Mr.. Carpenter-Ihe proposition to my
L. sx1f nd fovff6a6 N
the constitution that | will stop on the
mere suggestion that Judge Bradley has
made on the subject.
Justice Bradley minated that counsel
had drawn his own inferences.
Mr.. Carpenter then quoted the lam
guage of the act creating the commits
sion, and contended that it Is the duty of
this tribunal not to ascertain what ap.
pears to be the case. but who have been
duly appointed. Mr.. Carpenter quoted
various authorities to show that the writ
of quo tcayraHto was not q criminal pro-
ceeding. although 1t Is in form, but it is
IN substance civil one. Continuing the
argument Mr.. Carpenter said: Another
question, 1 think, is one OF considerable
difficulty. and that is what the statute
law OF Louisiana was on the 9TH Of No
vember last. The question is: On the
LIST of April. when the revised statutes |
took effect, did they repeal all anterior |
statutes, or was this act OF |
1870 saved from repeal by the act OF
the 18th OF February That is the
question. Let me. In the hrst
place, proceed upon the theory that the
state on the lst of April did repeal the
the election law OF 1870, and then will
proceed on the theory that il did not. and
come out jos. as satisfactorily one way
as the other. Ii is not q remarkable case
/ know, bu, II happens to be so now. IL
the &C, O. lSes Was In force at the last
election, il 10 no; pretended that there
has ever been any canvass Of the vote OF
that election according 10 the statute.
There IL no pretense Of that They acted
on the theory that the oths. law was in
force. 80 ihs; IL your honors shsll bold
embodied ia the revision taking essc
April !. and therefore Dot repeating snt
former SCI OF The 10Th Of March. ther
) this case Tonight Is precisely 10 the siti
tode ia which ii was four years ago, si
the time there c2De up from LOuisiana
the regular certificates Of its governor
that 50 many persons bad been duly
appointed electors OF the state but the
senate going upon the the theory which
] maintain is the true and proper one,
raised COMMITTEES in advance to exam
Inc into the facts about the election Of
that college. They sent for witnesses
ard brought them here in large numbers
and made an examination, and the com
mittse reported on the subject, not ex-
pressing an opinion whether they should
or should not be excluded, but stating
the fact that there had never been a can.
yass OF those votes by any person au-
thoriZed 10 canvass them, and submitted
the question to the two houses whether
the vote should be counted or not, and
the two houses, acting each tor
Itself, decided they should be excluded.
Now ! ask this commission whether
II will do to decide that congress
violated ia constitutional duty of
usurped power in holding that the vote
should not be counted four years ago.
That must be the conclusion that you
are 70 hold, for you cannot 90 back Of
the governors certificate. When we
come % the repeal Of the act Of 1870 the
question may BE reached whether repeal
ing that lsS revived the original law,
but In that slate that fact i. forbidden By |
"a. eons'iiu.ion. to that subsequently,
TIE repeal Of Tie act Of 1870 would not
RIVE the -. d ls5s. The act Of 1853 IL
S1s' entirely, uule.. IL IL continued in
free by the revision. II the Old
statutes continued in force then
ia prsslsiszss a The a.,
~ ITO asa Df contain u,e,,t.-
i"1s Ia regard 10 slee.ors; the art Of
iEz d! no:, except 70 nx the date which
wa wholly unnecessary, congress hay.
ing os'srminsd that. Now then, I main.
Tain, and here ] cross the path OF some
othe' counsel more distinguished, that
electors are not state officers. They are.
therefore, not excluded 10 these general
PROVISIONS Of this act OF 1872, another
| point | regard "a eu,IrsIy ,1,,a,,,.,.. q