New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-15
TIE OFFICIAL PROCEEDINGS.
MIR. CARPENTER RESUMES.
rortsrAHA Election LAW VOID.


WASHINGTON Feb 1.-the Electoral Com.
mission assembled promptly at O'Clock this morning,
and resumed the proceedings so abruptly broken Oh at
Mr. Carpenters solicitation last night When
Mr. Carpenter rose 10 continue he thanked the Commits
sion for the humanity they had displayed in permitting
him an intermissOn until morning He stated THAT ow-
ing 10 the greeable and sfocatng odor from the
candles he really could not have stood his feet 20
minutes more.
At the OF his remarks to-day Mr. Carpenter re-
ferred for TO question put TO him by Senator
Edmunds in that part Of his argument yesterday tennS
to show that electors Federal and not State officers
He referred TO large number Of who are con-
fessedly Government officers who are not after all APP
pointed by President and confirmed by the Senate
Commissioner Garfield here interrupted To say that the
heads Of departments Of course appointed.
Mr. Carpenter-There no such distinctions IN the
Constitution.
Commissioner Garfeld-I think you will nnd the Lam
guage is such inferior officers Congress may direct
may be appointed" &c.
MI Carpenter-The question IL not whether TINS man
is an inferior superior officer The question whether
he is an officer OF the United States and the clause here
which requires the President TO commission Is that ne
shall commission all officers Of the United States An In
ferior officer officer. The clause would, OF course,
include the inferior well as the superior.
Mr. Carpenter then turned TO the subject OF the Return
ing Board. He said:
We shall show that this Returning Board excluded
500
socaled We claim that law under which they pre-
tend act was in the first place wholly uneonstitu-
peculiar Il provides Article % that the judicial
power shall be vested in supreme Court IN Dstnes
Courts IN Parish Courts and Justices OF the Peace and
after defining the duties OF the District thus
mentioned it provides, Article "a No Judicial poSers'
shall be conferred upon any officers otner than hose
m towns aud cities, and the judicial powers of such
ssall not extend further than the cOgnzance OK
tbe c es arising under the police regulation OF the towns
oitta NJ The
therefore negative language forbidding the Legislature
the courts mentioned the first part Of the Constitution
Now Sections and 20 OF the Election law OF ls72 un-
doubtedy pretend TO confer judicial power upon tao
The highest penalty that be visited upon an Amer
said OF the statute passed by Southern State which
should provide that the votes OF al coored sitIe ms
not be canvasSed, and have no effect IN deter ter;
mining the election. Would not everybody call
burmese embodied in the Fifteenth Amendment
Would every lawyer say that Acknowledgement had
been visited in the result and that vote AS the word
IL used here In the Constitution means not merely the
right deposit the ballot 10 the box Dgt u count ~ anu
and thing which prevents that III any OF the ssgs 10
which the vote made effective betSeehis peng pu,
the balotbox and counted in the nDa result woud no
disfranchisement Now then, power grsn'ed 70 are.
turning board exclude the vote Of whole parish
power TO visit disrranehnen upon the people o, tDas
parish and that Ia Judicial power they are oy TINS Law
10 exclude under certain circumstance and are
decide II the circumstances exist Is not IAt AL e1
| ercse OF Judicial powert .
And again et me say o tuis sesuon wa. ~ 10
10 the principles OF law and Justice aud the nshins
OF the Christian religion and all the principles OF society
that ono man should be- punished for another mans
fault Yet in Louisiana this visited thousand peo-
ple AT once without hearing They 20 Ia the office
OF the District Court their county and nnd no charge
which may giye returning voard Jurisdiction
10 proceed and yet that board 800 miles away, sitting
in secret by candleght at midnight Is excluding tn ir
votes and visiting upon them the very consequences
which would yisit, III consequence Of the judgm. AZ
conyict,ng them crime We say Tor that
that election law 10 void
THE LAW EXCEEDED.
Mr. Carpenter then said. But letes csneede that tas
law is perfectly valid there Is not man In his senses.
| think that will claim that such Law, yesting susa
swecplng consequences by the acton Of board coin
posed OF politicians sitting alone and In secret
should be stretched beyond Its letter" He then pro-
corded tn argu. tatfhc board did exceed Ia jarisc
ton lie cited the vl-luv,eu oetvns " ne kieeu0n