The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-02-22

ubNc VI EfoIlQA tlcuh 70 the CAsIlIE OF LHt
votes OF the Electors on the prescribed
day are inadmissibe for any such purpose. To
the objection made to the eligibility Of Hum
phreys, the Commission is of the opinion that
without reference 10 the question of the effect Of
the vote of ineligible Eector the evidence does
not show he held the Office of Shipping Commits
sioner on the day when the Electors were Ip-
pointed. The Commission also decided that as a
Consequence Of the foregoing, and upon grounds
before stated, neither OF the papers purpcrting
to be certificates Of the Electoral votes of Florida
are certificates as votes provided for by the Con-
stitution of the United States and they ought
not to be counted as snch.
FEB. 1s.-Tbe Electoral Commission was
called 70 order at 80 p. M, and received cgr-
tiHcates and accompanying papers in the case
of Louisiana from the presiding officer OF the
joint session. After arranging some details for
to morrow'e session, the Commission adjourned.
FEB. 1S.-Argument in the Louisiana
c3se was opened by SeRator Mcdonald who sup
ported the objection to the Hayes certificates.
He referred to the fact that in 1872 the Electoral
vote of Louisiana had been rejected by vote of
Congress because the Returning Board had not
complied with the law, and he said they would
be able to show conclusively that the law had
not been compiled with in the present case. The
two houses of Congress had already taken steps
to inquire into the legality Of the election in Lou
isana, and he maintained that the Com mission,
possessing the powers of the two houses had
right, and it was their duty, to consid the in
formation in possession OF the two houses.
Their duties were judicial, net merely clerical,
and he cOnjured them to carefully weigh the
evidence in possession of the two houses. fo-
which they were acting. Representative jerks
followed on the came side and proceeded to
review the election in the several parishes taking
as basis the facts testified to before the House
Louisiana Investigating Commit ee. with the in
cidental claim that this testimony was proper
evidence to be considered by the Commission
He claimed that SunprVieOr6 of Election had
thrown out a large number of votes without
shadow Of authority, going over tie returns par
ish by parish. He in each case asserted evidence
of fraud and irreguarity, declaring his readi-
ness to show the same by evidence now in pos
session of the House and consructively before
the Commission. They were further pre-
pared to show the ineligioi ity OF some OF the
Hayes Electors, and he maintained that the
clause of the constitution extended not only 20
the offcer, but TO the act. Representative Hurl-
but then made an argument in favor OF the reg
Kellogg was the lawful and only recognized
Governor of the state, and as such had certified
to the fact Mr. Hurlbut argted at lei 9Th
against the admission of evidence and going be-
hind the face OF the returns. He declared the
Returning Board was legal body, and its de-
cision final This commission is not sitting, nor
can it sit. as judicial tribunal to try which OF
the two Rentlt men named for President has ac-
tually been elected Senator Howe followed on
The same side, and presented the same lire OF
argument, that the certificate of Governor hel-
To- should be taken by the Commission to be
satisfactory proof Of the legality of the Hayes
Electors, while the certificate of McEnery was
of no more account than that of any other I'M
ohicial person. At the conclusion of Mr.. Howe's
argument Judge Campbell informed the Com
mission that Messrs. Carpenter, Trumbul and
himself would appear as counsel for the Demo
cratic side. Mr.. Evarts announced that Messrs.
Stoughton, Shellabarger and himself would APP
pear for the Republicans. Mr.. Campbell re-
quested six hours for each side. Mr. Garfield
moved to make the time four hours. The Com
mission decided to give four hours and a ha TO
each side for their arguments. After snort adj
journment, ex-Sen tor Carpenter began his argu-
ment. opening as follows: 90 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. l desire to
say in the first place that | do not appear for
Samuel J. Tilden. He is gentleman whom |
have not the honor of knowing, with whom L
have no sympathy, agai lst whom voted on the
Tth of November last, and, il this tribunal could
order new trial should vote against him again,
believing as do that the accession of the Demo
cratic party TO power in this country TO day would
be the greatest calamity that could sefail the peo-
pie except one and that one great calamity would
he to keep it out by fraud and falsehood" The
gentleman SAID he appeared for ten thousand
legal voters of Louisiana who have been DIS
franBhised BIT fouf " hite Williams whose official
title is the Returning Board of Louisiana, and
continued as follows: Upon the very basis
of the DILL creating this tribunal, your decisions
are to be reported to bsth houses OF Congress.
ana Tile Two 0OuEtS VI SObRIC55 may SCI suOhl
aside. There is an end of saying this t ibunal
is exercising Judicial power, or that whether
you decide that the vote shall be counted for
Hayes or Tiiden, that decision precludes The
question between these two. 1t does not. IL can
not. In n possible aspect OF the case can 1t be
m aintqined that this tribunal is any thing on
earth but legislative committee of investga-
ton 4" At this point Justice Bradley interrupt
ed: I" / don't think there is difference of opIn-
ion on that point. It is a universal theory so
far as / am informed. that the powers OF this
Commission extend so far and So far only as the
powers Of the two houses OF Congress" Mr..
Carpenter: 80 In other words. then, it is agreed
on all hands that the ,wers of this Commission
are political Powers-are legislative powers del
egated by the two houses Of Congress Your
h0nors would have relieved yourselves from the
innicfioh of the last twenty minutes II you had
announced it early" Commissioner Hoar: Il
did not understand that Judge Bradley an
nounced the proposition that you have Just
stated Mr. Carpenter: 1.-The proposition to
nv mind is self evident and so fortified by the
Constitution that will stop on the mere sug-
gesti IN that Judge Bradley has made on the
subject. Justice Bradley intmated that conn
sci had drawn his own differences. Mr. Car
penter then quoted the language Of the act Gre
ating the Commission, and commended that II Is
the duty of this tribunal not to ascertain what
appears to be the case, but who have been
duly appointed. He referred to the rejection OF
the vote Of Louisiana by Congress four years ago,
and said: ''Now l ask this Commission whether
it will do to decide that ongress violated It's
duty or usurped power in holding
that the vote should not be counted four years
ago? hat must be the conclusion that you are
to hold for You can net go back OF the Governors
certificate" He reviewed the statute laws OF the
tate in regard to the canvassing OF votes, and
argued that whether the act of 1870 was or was
not repealed by that Of 1872, the proceedings OF
the Returning Board in canvassing votes for
Electors were without warrant of law and there
fore null and void Mr. Carpenter complained
of feeling unwell from the close atmosp iere Of
the courtroom, and shortly before O'Clock the
Commission adjourned till tomorrow.
FEB. 14.-Mr. Carpenter resumed his
argument, contending that the Constitution OF
the United States forbade the comforting of iu-
dicial power upon the Returning Board of Lou
isiana, and that the law Of the State which at
tempted to confer such power was void. lie
quoted from the report of Messrs. HOar, Wheel
er and Frye to show the dangerous
powers exercised by the Returning Board,
and in conclusion said that careful and thor
ough examination OF this case by the tribunal
v oula do more to restore peace TO LOUISIANA
than regiment Of soldiers. Mr.. Thurman, at
the conclusion Of Mr.. Carpenters address, pro-
posed to Introduce evidence OF fraud. lrregu-
larity and ilegality on the part of the returning
side should be allowed two hours to argue
the gu stion of admissibility of evidences
A recess of two hours was then taken, when Mr..
proceeded with his argument in favor OF
admitting the evidence. He was followed by Mr..
Trumbull on the same side, after which Messrs.
Stoughton and Shellabarger made arguments
against going behird the Governors certificate.
The following is the conclusion of Mr.: >hella-
barger's argument: ''I now conclude this ar
gument by an allusiOn to what has been the
weight and burden on the other side. 1t is in re-
gard to this alleged outrage on the State of Lou
isiana. Why, gentlemen. can you shut your
eyes to what is now, if not the saddest, certain
ly one Of the saddest chapters in American his
tory? BY actual count, through the aid Of Gen.
eral Sheridan, it is now set down as part Of
your history that. in this blighted and blasted
State Of Louisiana, 4, Ot o and odd citizens have
been murdered-murdered by plan-murdered
by system, by organization-murdered for the
purpose of putting down the right Of the black
man to vote, and the thing has been going on
and on through these dark and terrible years.
1t was my misfortune. gentlemen, to go once
myself, in 1865, to this State, sent by the Con-
gFess of the United States, and took the testi
nony Of hundreds Of men, and when was tag
ing il Ii orally sat with my feet in pools of hui
man blood, shed in putting out free government
in the State of Louisiana-and they did put IL
out, CHI right well and effectually. Gentlemen
Of AMerica-that is a higher designation than
gentlemen of the ommission-remember that
here is on trial here to- night the question wheth
er those laws, made in Louisiana in pursuance
Of that I03d article of her Constitution enjOining
il on the Legislature to make laws of protection Of
The right OF freedmen to vote, shall be emf reed.
II You fail to execute these laws you will have
stabbed your country In that place where we are
.aught from childhood the life Of the country is
o be found and to reside, to-wit: In the free
iom and purity Of the ballot-box."
FEB. 15.-The Electoral Commission met