The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-17
SENATOR CARPENTER.
HE MIKES IN ExHaUsTTvE ARGU-
NEWT ON THE LOUKsI4NA CASE.
Which Unfortunately mas Been of NO
Await.
Especial to oourier.J .Journal.l

Especial TO Courier.Journal.1
WASHINGTON, Feb. t2.-When the
Commission again assembled at 8
o'clock, Ex-senator Carpenter rose and
said: Ii the Court please, to relieve
some little anxiety that exists In some
part OF the country, let me occupy one
moment In stating for whom I appear
here. desire TO say in the first place
that do not appear for Samuel J. Til
den. He is gentleman whom / have
not the honor Of knowing, with whom /
have. no .synpathy,. against whom /
voted on the 7th OF November last, and
1t this Tribunal could order new trial
should vote against him again, be-
lieving as do that the accession OF the
Democratic party to power In this
country to-day would be the greatest
calamity that could befall the people,
except one, and that one great G llamity
would be to keep him out by fraud and
falsehood.
Mr.. Carpenter said he appeared for
ten thousand legal voters of Louisiana,
who have been disfranchised by four
villains, whose official title is the Re-
turning Board of Louisiana. He con-
tinued as follows:
Upon the very basis OF the bill Great
ing this Tribunal, your decisions are to
be reported to both houses OF Congress,
and the two houses may set them aside.
There Is an end then Of saying that this
Tribunal Is exercising judicial power,
or that whether you decide that the vote
shall be counted for Hayes or TiIden,
that decision preeludes the question
between the two. 1t does not. 1t ean-
not. In no possible. aspect OF the case
at be maintained that this Tribunal
t,fh hing mr. u1t h ht1f n fatYir IN tiuf.
committee Of investigation.
At this point Mr.. Justice Bradley in
terruptedT-I don't think there Is dif-
ference Of opinion Oh that point. 1t is
the universal theory, 30 far as am In.
formed, that the powers OF this Com
mission extend so far. and SO far only,
as the powers OF the two houses Of Cons
gress.
Mr.. Carpenter-In other words. then.
It is agreed on all hands that the powers
OF this Commission are political powers,
are legislative powers, delegated by the
two houses OF Congress. Your honors
would lave relieved yourselves from
the inflietion OF the last twenty minutes
il you had announced il early.
Representative Hoar (Rep., Mass. -
did not understand that Judge Brad
ley announced the proposition that you
have just stated.
Mr.. Carpenter The proposition is TO
my mind self.eyident. and SO fortified
by the constitution that will stop on
the mere suggestion that Judge Bradley
has made on the subject.
Justice Bradley minated that coun.
sci had drawn his own inferenees.
Mr.. Carpenter then quoted the Ian.
guage OF the act creating the Commits
sion, and oontended thatit Is the duty of
the Tribunal not to ascertain what ap-
pears to be the case, but who have been
duly appointed. Mr.. Carpenter quoted
various authorities to show that the writ
Of gtto .oarra1ato was not d criminal pro-
ceeding. although 1t is In form; but it
is In substance d civil one.
Continuing his argument, Mr.. Car
penter said Another question. / think. /
Is one of considerable difficulty, and |
that la what the statute law OF Louisi- |
ana was on the 7th of November last. |
The question Is on the 1st OF April, |
when the Revised Statutes took effect,
did they repeal all interior conflicting
statutes, or was this act Of 1870 saved
frora repeal by the act of the 2Sth Of
Februaryp That is the question.
Let me, In the first place, proceed
upon the theory that the State on the
1st Of April did repeal the election law
UI l0fU, bAd bll6u WlAl pAtO5DNt OA Lu5
theory that It. did not, and come out
Just as satisfactorily one way as the
other. Tt is Ii sHEable ease, knew,
but it happens to be so. Now, If the
act Of 1868 was In force at the last elec-
ton, 1t is not pretended that there has
ever been any canvass OF the vote OF
that election according to the statute.
There ID no pretense OF that. They
acted on the theory that the other law
was In force, SO that Ii your honors
shall hold that the act of 1868 was In
force, because embodied in the revi-
sion taking effect April I, and therefore
not repeating the former act OF the 10th
of March, then this case tonight is pre-
four years ago. AT that time there came
UP from Louisiana the regular certifi-
Gates of the Governor that SO many per-
sons had been duly appointed electors
of the Senate; but the Senate, going
upon the theory which maintain is the
true and proper one, raised commit
tee In advance to examine into the facts
about the electors Of that college,, They
sent for witnesses and brought them
here in large numbers. and made an ex-
and the committee reported
on the subject not expressing.an opin-
ion whether they should or not be ex-
cluded, but stating the facts that there
had never been @ canvass OF those
votes by any persons authorized to
canvass them. and submitted the ques-
tion to the two houses whether the vote
should be counted or not, and the two
houses, acting each for itself, decided
that they should be excluded. Now /
ask this Com mission whether it will do
to decide that Congress violated it's con-
stitutional duty or usurred power In
holding that the vote should not be
coantedfour years ago. That must be
the conclusion that you are to hold, for
you cannot go back of the Governors
certificate. When we come to the re-
peal Of the act of 1870, the question may
be raised whether the repeating law
revived the original law; but in that
State that fact is forbidden by the con.
stitution, 80 that the subsequent repeal
of the act Of 1870 would not revive /
the act of 1868. The oct OF 1868