The New York herald., 1877-02-14
THE PRESIDENCY.
The Louisiana Case Before the Elec-
& tOral Commission.
ARGUMENTS on THE LEARNED COUNSEL.
legal Form Again Antagonizng tie Merits
Of the Case.
POWERS OF THE RETURNING BOARD
A Condition Of Society That Required
a Master Hand.
CARPENTER ON THE DANGERS TO THE COUNTRY
An Appeal for Ten Thousand Disfran-
chised Voters
WHO WAS GOVERNOR OF LOUISIANA !
FROM OUR SPECIAL CORRESPONDENT.
A Condition Of Society That Required
a Master Hand.
CARPENTER ON THE DANGERS TO THE COUNTRY
An Appeal for Ten Thousand Disfran.
chised Voters.
WHO WAS GOVERNOR OF LOUISIANA: /:
FROM OUR SPECIAL CORRESPONDENT

FROM OUR SPECIAL CORRESPONDENT.
i-i WASHINGTON Feb. Is, 1877.
Before the Electoral Commission to-day the obJectors
stated their Mr. Jenks for the democrats. made
clear and succnc presentation of the action OF
Returning Board to show fraud Senator Howe fol-
lowed for the republicans and In eloquent address,
which surprised many persons labored 10 show intim
aton. His instances confined mainly to Ouachita
parish and ne gave tho Eliza Pinkson affair as true
and as political In its effects.
The commission took recess and Mr.. Carpenter
began his argument at five O'Clock. When twilight
fell the Supreme Court room, where tho commission
sits, was lit with candles, the smoke Of which was
very annoying and sickened several persons in the
room and in the narrow reporters gallery, and the
commission after listening until hafpast six to Mr.
Carpenter, adjourned until tomorrow at ten o'clock
NIX. cARPENrER's ADDRESS.
Mr. Carpenter opened in = striking manner, saying
that he did not appear for Samuel j. lilden voted
Ing that the greatest calamity the country, except
one would bc his election-hat that he should be
kept out by fraud force appear here in behalf Of
10,v00 disiranchscd voters In Louisiana II you re-
fuse 10 consider the fact that 10000 lawful votes
thrown out don't you give q license to postsrty to
accept and consent to any iraudP
He offered to provo that tho Board which threw out
the TO- 600 votes had Jurisdiction AS to tho point
alleged that the Electoral Commission exercising
unconstitutional judicial power he showed that It was
not citing point OF his argument that It's de.
csion not nnar 1t having to be referred back 10
tho two houseA He went on to show the powers Of
tho central government inquire into elections and
asked, May not the Senate appoint to in
qure into ,hems May not the House do the same
th,ngs May they not appoint q joint commission ?
The commission exercising political powers, he said,
purely legislative body In this he pssiatsd
by favorable suggestion from Bradley.
Mr. HoAR-The counsel does not understand that
Judge Hoadey's view is tho view of the whole CON-
mission.
Mr. CARPESrER-No. but the proposition seems to
sef-evident that will adopt the suggestion OF
Judge Bradley without further comment
POWER OF COMMISSION.
certainly entitled to ascertain what electors were
duly appointed, and showed that tour years
ago the houses went back OF the returns and
threw out tie vote of Louisiana IN 1872.
State for neglect could not they throw 1t out fer
fraudf
He argued also that electors are not State on
GERS saying the United States constitution the
oco of electors; the State has but power that
is to nll IT.
Senator EDMuyDs-The constitution says the Presi-
dent Of the United States shall commission all federal
officers You would hardly contend that he is author
ized to commission an clector.
Mr. CARrExrrR-I believe the words aro added EFF
not herein otherwise provided"
THE LAW LOUISIANA.
Finally he held that II the Louisiana State law Of
OF 1868 was force the whole Electoral College goes
down under its terms. II the law was repealed as he
showed then under the present law Of 1872 the State
had NO right to appoint electors at ALL for tho law Of
1872 contains NO provision for the appointment of
electors
COUNSEL SPEAK.
The counsel who will speak tho democratic sido
are Aessrs Carpenter Campbell and Trumbull on the
republican side, Messrs. Evarts, stough,on and
Matthew'S The arguments are limited, by resolution
of the commission, to four hours and hall TO each
side
PROCEEDINGS OF THE COMMISSION.
WASHINGTON, Feb. 13, 1877.
Tho Electoral Commission convened NJ eleven A. NJ.
TO day to the argument In the case OF Louisiana
All the members we're early in places with the
exception OF Senator Thurman whose prolonged alb
Bence rendered It necessary proceed without him.
The session began with the reading OF the minutes of
the previous Session, at the conclusion Of which Mr..
Justice Clifford announced the certificates that
before the commission under objection For
convenience, he said, they had been numbered one,
Two and three, and obJectors TO Nos. and would
FIRST be heard
Senator MCDONALD, for the democratic side, boforc
beginning requested that the proceedings be delayed
. few moments until Senator Thurman could arrive,
and inquired also to the rule OF the commission In
OF the absence of member.
Mr. Justice CLIFFORD replied that rule settled
IN regard 10 H. only IN case oil physical inability 10
attend measures may bo taken to MI the vacancy.
senator MCDONALD said he understood that Senator
Thurman bad been III Tor days.
senator EDxuSDs said II did not TO him that
the commission was justified IN waiting in the absence
OF single member Of the commission at the present
Stage OF affairs. There on y sixteen working days
lett in the month, ano y soe,eed 10 hiu fmr55,-.e
their duty TO proceed or course In OF the scns
tors illness tho vacancy must be Ged, but without