The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-02-21


determined before the result was known that
if necessary to affect the result the return
ing board was prepared to give the state to
Hayes. regardless of for whom the votes had
been cast. In conclusion, he asked that the
moral light of the universe might be allowed
to shine upon this transaction, and that the
nation be free from the vile act of this
board.
Mr.. HURLBUT's REMARKS
Mr.. Hurlbut said the commission, he ap-
pretended, stood in composition of the
committee appointed by the two houses for
its convenience to perform certain dutiese
and that their jurisdiction was defined
by certain well established laws.
He maintained that there could be
no question of the fact that VIM. P. kellogg
was governor of the wretched state of Lou
isiana. He had been elected by the votes
of the people and returned by the proper
officers of the state, and regularly indicted
into Office, and when a rebellion led by
McEnery had overthrown the legal govern
ment the presdent had used the power
of the United States to put down
the rebellion and restore this government,
and the senate had by solemn resolve recog-
nzed and approved the action of the presi-
dent. The house of representatives had also
adopted a resolution by vote of les to IS,
declaring that Kellogg should be recognized
as governor of the state of Louisiana to the
The legislature of Louisiana had
also agreed that the term of office of Kellogg
should not be interfered with during the
term for which he was elected. until his
successor had been qualified. II il be true
that kellogg was governor on the 9th of
November, it was manifestly true
that McEnery was not. He had
of his own will retired from
the contest in 1874 and had not attempted
to discharge any of the duties of that Office
| up to this time. The certificate given by
him was irregular from necessity, for he had
not an office where the returns could be
made, and he had no secretary of
| state 10 certify to his signature
| Mr.. Hurlbut argued at length against the
admission of the evidence and going behind
the face of the returns. He declared that
| the returning board was legal body and its
decision final. The supreme court of the
state itself as regards its own legal
election has decided that the returns
made by this board and required by law to
be filed with the secretary of state, and also
required to be promulgated by publication
in the papers, are evidences in which the
governor gives commission to all officers in
the state, and that these returns and declar
| atoms are prinld fdcie evidence, which can
only be gone behind in a judicial trial.
This commission is not sitting nor can it sit
as judicial tribunal to try which of the two
gentlemen ramed for president has actual
ly been elected.
HOWE WANTS TO KNOW How 1T CAN BIZ.
Senator Howe then addressed the commits
| sion on hehalf of the republican directors.
He said: We object that you shall not
count the votes rendered by McEnery
and his associates; first, because
you have no evidence that they were d.
rected by the legislature of Louisiana 20
vote for president, and you ought to have
such evidence before YOU receive them. No
man can have his vote as elector counted
for president and vice president unless bis
right so to vote is certified by the governor
of state. John McEnery was not in Novem-
Der last and never was governor of Louisiana
so many of you as occupy seats here who be-
long to the senate have often seen the sigma
ture of McEnery attached to credentials of
somebody aspiring to recognition and
knocking for admission TO the senate. but
you have never opened your doors
to any such demand, and so as
many of you as belong to the other
house have seen that same name
appended TO credentials of those who asked
to be admitted to the deliberations of that
body. but you have uniformly turned them
away and said, 1--WE do not know you, John
McEnery, we do not know you in the char
acter of governor" do not know that he
has ever appeared before the suprems
court, but another man has appeared
before that court, has been implicated
before it as governor of Louisiana and iude-
ment has been given in that court npon the
issues there confirmed, so that you have in
all your several capacities been called ubon
directly to pass judgment upon this pretense
ard all have given judgment against il.
For four years past VIM. Pitt kellogg has
presided over the state of Louisiana and
has been recognized as its lawful governor:
the president has recognized kellogg: he Is
the man who has signed the enactments of
the legislature. or has refused to sign them,
and performed all ctr functions pertain
ing to his office.
In conclusion, Mr.. Howe asked the COM
mission to listen to the lawful voice of Lou
isiana as same as to the lawful voice of any
other state, and give weight to it.
WHO THE COUNSEL WILL BE-
At the conclusion of Mr.. Howe's argu-
ment, Judge Campbell informed the com
mission that Messrs. Carpenter, Trumbull
and himself would appear as counsel for the
democratic SIDE and Mr.. Evarts announced
that Messrs. Stoughton Shellabarger and
himself would appear for the republican
| side.
Mr.. Campbell requested that six areu-
ments be allowed for each side.
| Mr.. Garfield moved to make the time four
hours. The commission here took short
recess.
On reassembling the commission an
nounced that four and half would be
allowed to each side for their arguments, and
that the commission would commence hear
ing the arguments at o'clock, and sit until
/, 8 o'clock this evening
MR.. CARPENTERS SPEECH.
When the commission again assembled at
| 5o'clock ex Senator Carpenter arose and said:
If the court please, to relieve some little
anxiety that exists in SOME parts of the
country, let me occupy one moment in
stating for whom l appear here. | desire
to say in the first place that