The daily gazette., 1877-02-14

uclcH CdIue tOSeIner again at H. This
settling a Presidency and deciding the
claims of a sovereign State has grown in
fortnight TO be most commonplace
matter, running from day to day in
smooth worn grooves. The objectors be-
gan. Senator Mcdonald, a Western law
yer, large, full and of an emphatic man
ner, opened the law of the case, and led
to the dilemma in which the apologists
OF an election by returning board and
government by the grace of forgery stand
involved. Either the law providing the
Returning Roard repealed the earlier law
providing for canvass of votes for cleo
tors, or it did not. lift did the electors
could nOtfill vacancies. lit did not the
Returning Board had no right to canvass
the votes for electors. Turning from the
broad right of the board to exist and act,
he took up next Its methods, and had de-
fined he Limitations assigned to its
workings by law when Representative
jerks took up the burden of argument.
His singularly perspicuous plea deserves
the most careful attention, as it received
to-day a most respectful hearing.
A thin, spare man, his speaking is as
clear and deliberate as his diction, and
his argument moves along to the quietest
gestures, one stretched forefinger dropping
lightly on the other stretched forefnger as
he makes one point and another in his
close knit, logical argument. Represent
alive Hurlbut and Senator Howe appear
ed for the Republican objectors, and dealt
the first with the technical right of the
Returning Board to canvass the vote as it
pleased, and the last with the essential
validity of the acts of de facto and de
jure State government. 1t was nearly A
o'clock when these speeches we're over.
Some little discussion followed as to the
precise time to be allotted to counsel, in
the course of which Commissioner Hoar
lost his temper, CURLY silencing Mr.. Car
penter. More time and any delay was
refused to the Democratic counsel, not by
a vote along party lines, but in manner
which most construed unfavorably to the
Democrats. 1t is unfortunately the case
that the discussions of the commission
seem to have scored pretty deep lines in
the commission. 1t Is growing constant
ly more and more easy to tell by d Com
missioner's manner on which side his
ympathies rest. -~'' '- sa..--------
1t was quite dark when the commits.
sion reassembled after its recess.
Candles were brought in and placed
In rows ON the Commissioners' benches
and the tables of the counsel In the
correspondents gallery, highup over
head. a DINNER fringe Of light barely
disclosed as large an attendance rela-
lively as there was on the floor, which
had solemn and quaint look in its
evening dress. Mr.. Carpenter was
promptly on hand, impressive in his
presence, and began the opening argu-
Ihent on behalf of the Democratic cleo
tors In Louisiana. He had spoken
but two thirds of his time, when he
was compelled oistop from inability
toread his brief for need of a better
light or to speak longer in the sutfoca-i
ting smoke Of the spermaceti Although
lab0ring under these difficultles, the
ex-senator spoke rapidly. with q pres
cision of thought and clearness of ex-
preston that marked the lucidity of
the pleader, as well as the passion of
The ready debater.ii He impressed the
audience and the bar, and prompted
labored inquiries from some of the
members. of the ecommission. He pro-,
tested as he opened that edid not APP
pear as counsel fer Samuel Ja Tnden.
He had voted against him once, and ii
this commission decided that there
bad been no election should vote
against him again. But he was here,
As the counsel OF 10, QUO voters who
bad been disfranchised by fraud in
and whose case had been
referred to thisuvtribunal to inquire
who and what persons had been duly
appointed electors In that State. This
tribunal. he argued, was in the nature
Of legislative commission of investi-
CATION and had neither judicial nor
execntivef functions, for its cooclusions
were all subject to the revisionary ac-
tion Of Congress.
1t was created like those commissions
out Of which British legislation had
grown to correct such frauds rs were
peeping out OF the ballot box in England
and were appealing tonight for triumph
in this Tribunal. His conclusions on the
OF the commission were very
Effective and seemed to meet with no OBJ
ection by Mr.. Evarts, who sat beside him.
The people will not be content, he added
,n mere technicalities to have Presi-
lent counted in on false certificates. No
Judge ought to rest his decision on pri-
ma facie case, for there was devolved
lpcn HIM the clear and unambigous duty
II going to the very bottom Of the frauds,
If it was answered that there was not |
lime, then the commission ought to dis
,olve and notify Congress of the fact. As
Mr.. Carpenter approached the case be-
ore the Court he found he had travelled !
a nf
truck at once upon the laws of the State +,
% show that they did not provide even
or the election Of Presiden tial electors.
he made o brilliant analysis Of the col 4
usive acts. of Louisiana, and with a !
plendid audacity held up the roguts Of
he Returning Board TO the legal hight
n whieh they had overleaped themselves.
The State had failed TO provide the re.
luisite law and its electoral vote must