Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1877-02-22

MONDAY, Feb. 1.-THE commission assem-
bled in the afternoon, and received the certif-
Gates and accompanying papers in the case of
Louisiana from the presiding officer of the Joint
convention of Congress. An adjournment till
Tuesday was then voted
TUESDAY, Feb. 13.-The commission entered
upon the consideration OF the Louisiana case,
and listened to the arguments Of counsel as
signed to the duty of appearing for the object
ors. Senator Mcdonald led on behalf of the
Democrats. He said in the election of 1872 the
vote of Louisiana had been rejected because the
Returning Board had not complied with the
law, and they now proposed to show the law
had not been complied with in the pres
returned in one way, and that major
ity had been reversed by this board,
through actual fraud. They had
thrown aside the returns sent them by the
proper officers, and had taken the reports Of the
Supervisors of Registration in their place. but
even this they did not follow at all times The
people Of sixty-nine polls had been disfranchised
Mr.. Mcdonald maintained that the commission
had the right, and il was their duty To consider
the information IN possession of the two houses
Their duties were judicial. not merely clerical
and he conjured them to carefully weigh the
evidence in the possession Of the two houses
for which they were acting. Mr.. jerks fol-
lowed on the same side, and proceeded to re-
view the election i'm the several parishes. taking
as 4 basis-of facts the testimony before the
House Louisiana investigating committee, with
the Incidental claim that this Testimony was
proper evidence 10 be considered by the COM
mission In conclusion, he asked that the
moral light of the universe might be
allowed to shine upon this transaction.
and the nation be free from the vile
act of this Returning Board. Mr.. Hurlbut for
the Republicans, argued that Kellogg
w a. ~ Tf.s,f.f
cent election, and that McEnery had no shadow
of claim To the Office. Hence the HAYES cleo
tors were the only ones that were properly and
legally elected and certified to. He also argued
at length against the admission of evidence
and going behind the returns. declaring that
the Returning Board was a legal body, and its
decision final. Mr.. Howe next addressed tho
commission on behalf of the Republican OBJ
jectors. His argument was directed mainly
70 showing the legality of the
Kellogg certificates, and the irregularity OF
those made up by man who had no valid claim
TO the Office. Senator Carpenter followed ON
behalf of the Democratic objecters. He said
he did not appear for Samuel j. Tilden, gem
tleman whom he did not know, and with whom
he had no sympathy, but he appeared for
10000 legal voters Of Louisiana who had been
disfranchised by four villains whose official
title is the Returning Board Of louisiana
Mr.. Carpenter held that the powers of the
commission were not judicial that il was moth
ing more than a committee of investigation in
asmuch as Congress, according 10 the terms Of
the law creating it, had the power to approve
or reverse its decision, as il saw fit He then
went into an analysis of the statute law of
Louisiana relating to elections. returning
boards, etc, and claimed that the Election
law of the State for appointing electors is in
violation of the constitution of the State and of
the United States The commission adjourned
before MIR. Carpenter concluded his argument
WEDNESDAY, Feb. 14.-On the reassembling Of
the commission ex-senator Carpenter resumed
his argument, contending that the constitution
Of the United States forbade csnfering Judi
eial power upon the Returning Board Of the
United States, and that the law of the State
which attempted to confer such power was void.
The Returning Board, had it possessed judicial
powers, had gone outside its privilege. The
statute required duplicate returns to be made
within twenty-four hours, and such returns
were not made within fifteen days. He do
nounced in bitter terms the members of
the Returning Board, and said careful
and thorough examination Of the case by the
commission would do more to restore peace
in Louisiana than regiment of soldiers. AT
the conclusion OF MIR. Carpenters argument,
propositions were introduced to discuss the
adrnissibility of evidence in the Louisiana
case, and to debate the whole case. The
former prevailed, the latter being rejected.
After a short recess, Lyman TrTlmbull took
the floor and proceeded with his argument,
saying that they were brought face TO face !
with the question whether President of the
United States is to be made through fraud /
and yillainy on the part of officials whose
duty it was to issue the certificates. There
was no other tribunal TO which application could |
be made except this tribunal. He spoke % the 4
tribunal as the tribunal Of the two houses Of I
Congress- Could ii be. he asked. that the con-
stItuton had made no provision against the i'm 4
n lrf
and by a conspiracy between tle men who GER
tify to his election? He felt Inundated that 1
as citizen of this republic he was called upon
to argue this question before national tribu-
nal MIR. Trumbull argued that it was not only /
the right but the duty of the commission |