The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-15
Judge Trumbul is the Artist
Who Sketches the
Tragic Scene.
Fraud and Villainy Brought
Face to Face with the
Commission. -z'
Bradley's Majority Look
Upon Them as Old
Friends.

WARRINGTON, February l4-Mr. Car
penter, on the resssembling Of the Elec'
toral Commission this morning, resumed
his argument, contending that the Con
stitutiOn Of the United States forbade
the conferring ofjudicisl powers upon
the Returning Board of Louisiana, and
that the laws of the State which a..
tempted to confer such power was void
One man could not be punished for an.
others offence. Suppose take Milwaukee
county where the Democrats can give
five thousand majority, and one hundred
OF US Republicans bull-doze another one
hundred Republicans, and because
of this the whole vote Is thrown
out. Would that be just2 The
Returning Board, had it possessed judi
cisl powers, had gone outside OF its
powers. The statute requires duplicate
returns to be made within twenty. -four
hours, and such returns were not made
within fifteen days. He read from the
report of Messrs. Hosr, Wheeler and
Frye to show how this delay could be
taken advantage of TO change the result,
and said that they were prepared to show
that 10000 voters had been disfranchised.
Mr.. Howe went upon the cry that If the
plaintiffs agents commit robbery the
defendants agents may also commit a
robbery. This was not q matter for
Louisiana to settle for herself The whole
nation was Interested in the laws. The
Representatives and Senators in Congress
may assist in making President OF the
United States. He read from the report
previously quoted, and said, wouldn't
Wheeler wake up astonished to hnd
himself elected by the very means
he condemned. He did not deny that
there were wrongs perpetrated 10 the
South, but they were brought about by
illegal acts by which fraudulent gov
eminent was put upon them, and de-
nounced in bitter terms the our men
acting as returning board, who foisted
the Kellogg government through fraud
and villalny upon the people. A
careful and thorough examination OF
the case by the tribunal would do more
10 restore peace TO louisiana than q reg
lment OF SOlQlers.
Mr.. Trumbull said he supposed they
should now present evidence OF fraud.
Irregularity and iliesality on the part
of the Returning Board, were
charged and proof offered to be produc-
ed. Kellogg and others were accused OF
like sins Of omission and commission,
and the proof Of them offered 10 be furn.
ished by Mr.. Trumbull.
A question sprung up as to the time
allowed Tor the argument
on the interlocutiry question as to
the sdmissibility of the evidence.
Judge Strong offered an order giving
the counsel two hours on each side 10
argue the sdmissibility of the evidence.
Mr.. Thurman moved an amendment
making the time three hours, which wa:
rejected by vote of 7 to 8.
The proposition of Judge Strong was
agreed TO without discussion.
Judge Bradley moved that the counsel
on either side may take, in addition 70
the two hours allowed TO discuss the in
terlocutory question as TO the admissl
bility of the evidence, such additional
time 3, they may desire 10 be deducted
from four half hours allowed yesterday
for general debate.
The Commission then took recess.
After the recess Mr.. Trumbull pro
ceeded with his argument, saying that
thew were brought tsce to face with the
question whether q President of the
limited States is 10 be made through
fraud and vilisiny on the part Of the
officials whose duty it was to issue Ger.
tificates. There was no other tribunal
to which application conld be made ex.
cepl this tribunal. he spoke of the
tribunal as tribunal Of the two houses.
Could 1t be, be asked, that the Constitu.
tion had made no provision against the
Inauguration of President by
forgery and fraud, or BY u
conspiracy between the men who certify
70 his election. He felt humilisted that
- a citizen of this republic be was called
on 10 argue this question before Ma
,,opsl tribunal. It was not before 8
Canvassing Board touching the election
of a Justice OF the peace, but National
Congress having the power 10 go to the
very bottom of every hing, that ne sp-
pesred. There was submitted TO this
Commission no. only the question, who
were the lawful electors, tut a! matters
connected with the double return. When
the set was passed there was thrill
went through the country, and there Vas
a feeling that whatever the decision wAs
ha Of
the people. Should II be said that when
the law declared that thGy should
consider all questions cor nected with
the double return that II mercy meant
,hs. they should do 8 simple sum IN
arithmetic and add up the returns IN
one of the cerii6c,te What The country
wanted was decision ~ - who Was
lawfully elected, and the country would
not be s.tisiet with anything else
Hardly twelve months have trans
p,red since person came mere Knocking
a, the door OF the Senate with paper
signed William Pitt Kellogg" stating
tbs, he had been duly elected 10 the
Senate. Did the Serste open Its doors
70 him7 Why has he s; -od there knock
ing ever since, kellogg pretended to
be Governor 6ntil finally the Seas!e
.hu, The door in his face sod SET! him
away. kellogg then u in no besi,r con-
ditioa thaR McEnery, bot you hATe got
. certificate here from person claiming
20 be Governor. certified hsl Is 1t Is
called in the Statu,er-ot tie
names Of the persons elected
elec.or- VIA; does tha; amount TO!
Did the Constitution require It? The
Constitution said the Electors should
NEE, in their respective states and vote
By ballot for Two persons, Of whom "ne
at least should no, be an inhabiiAni OF
the same stats with themselves, and that
,hey shoald make Q list. Of sll persons
voted for and OF the Number OF voter Tor
ssck. which lst shall b sisnsd, oertiA-