The Portland daily press., 1877-02-15
The Electoral Count.
Carpenser and Trunl-
bnH Argue for the
Democrats,
And StOughtOn and Shella-
barger for the Re-
publicans.

=. WASHINGTON, Feb. 15.-Mr. Carpenter, on
the reassembling of the Electoral Commission,
resumed his argument, coutending that the
constitution of the United States forbade the
comforting of judicial powers upon the return
ing board Of Louisan and that the law of the
state which ATTEMPTED to confer such power
was void. He contended that one man could
not be punished for anothers offence Even if
the Returning Board had possessed Judicial
powers 1t had gone outside its powers and had
failed to act in compliance with the statute un-
der which it was created. he read the statnte
recurring duplicate returns to be made within
"a hours, and said the facts were that such re-
tarns were not made within fifteen days, and
then read from the report of Messrs. Hoar,
Wheeler and Frye to show how this delay could
be taken advantage of to change the result and
said they were prepared to show that ten thou
sand voters had been disfranchised.
Senator Howe had not, he said, attempted to
deny that there had been fraud, but went upon
the theory that if the plaintiffs agents COM
NIT robbery. This was matter for the state
OF Louislanr to settle for herSelf-for the whole
country.
Mr.. Trumbull followed Mr.. Carpenter and
said he supposed they should now present their
evidence. He proposed to show that William
z. Kellogg. who signed certificates, and W. P.
Kellogg who received the certificates, are the
same He proposed to show also that William
p. Kellogg was not legally appointed an elect
or, having received less than majority of the
votes. This he proposed to prove by certified
copies of the re urns which the returning board
had before them, and to show that the rilden
electors had from 1000 to 5000 majority. He
also offered to prove that in many instances the
supervisors OF elections omitted IN their con-
soildated statements the returns from certain
parishes which voted for the Tilden electors to
the number Of over 1000. In general, Mr..
Trumbull offered to prove that a majority of
votes had been cast for the T,lden electors, and
the returning board had carried out q conspr-
acy. to which the board. Gov. Kellogg and 9TH
ers were parties, to count the vo to for HAYES at
ell events. BE further offered to prove that
Oscar Jeffrian, A. B LsVIsse and o. o. Brew
ster, pretended electors 10 the pretended cleo
toral college, were ineligible, the two former
being state officers aud the latter federal Off
Ger; also that Morris Marks and j. II. Busch
were state Off GERS, and all of them prohibited
by the laws of Louisiana from holding two
offices in the state. He further offered to prove
thst N mber at the returning BOARD offered
to receive bride to count the vote fol. the Til
den electors.
A question sprung up as to the time to be
allowed for argument on the interocutory
question as to the admissibility of evidence Of
fered.
Mr.. Thurman thought the case would be ex-
pedlted BY allowing the evidence to 60 on sub
Mr.. Edmunds argued that the effect of testi-
moHy Professionally might be, that at the end of
tsn days they might find the evidence inadmis-
sible aud the whole time wasted
Judge Bradley thought they should go on in
. manner similar to the course pursued in the
Florida case.
Judge Miller asked if it could not be SO al
ranged that the case could be argued SO that
when the Commission went into consultation,
II It was decided not to admit evidence, it
would not be necessary to bring further argu-
ment.
Mr. Edmands submitted the following order:
ordered, That counsel now be heard on the
whole subject, as the case now stands, and that
four on eacn side be allowed.
Jaoge Miller thought the effect Of the order
was to permit the case to be argued as it now
stands. 1t the testimony was admitted, of
course they would have to come back and list
en- TO the argument on it.
MIR. Abbott was opposed to mixing up the
case Ii the evidence was excluded, he want
cd them to hear argument on what was left of
the case.
Mr.. Thurman agreed with Mr. Abbott that
the case should not be mixed. He, however.
favored considering the evidence on both sides
Defore them, subject to further decision as to
its admlsslbiIity and force.
Judge Strong offered Q substitute, giving
counsel two hours on each side to argue the adj
instability of evidence.
Mr.. Thurman moved to increase the time to
three hours. Rejected-7 to8.
4, nays II.
The proposition of Judge Strong was then
agreed to without division.
Judge Bradley moved that the counsel on
either side may take in addition to the two
hours allowed to discdss the interlocutory
question as to the admissibslity of evidence
such additional time as they may desire, to be
deducted from the four and half hours allowed
yesterday for general debate.
frehm,naries all being arranged, the COM
mission at 1870 p. m. took a recess tor half au
hour.
After the recess Mr.. Trumbull proceeded with
his argument, saying that they were brought
face to face with theiquestion whether the Pres
ident OF the United States is to be made through
fraud and villainy on the part of the officials
There was no other tribunal to which applica-
ton could be made except this tribunal, and he
spoke OF the tribunal as the two Houses of
Congress. Could it be, he argued, that the Con-
stitution had made no provision against the in
aneuration OF President by forgery and fraud?
He contended that Congress had the power to
60 the bottom of everything and that this tri-
bunal stood in the place of Congress, that it
should consider all questions connected with the
double returns. The country wanted decision
as to who was lawfully elected, and the country
would not be satisfied with anything else. He
referred to the refusal of the Senate to recog-
nize kellogg's GER ficate to Pinchback's cleo
tion, arguing that Kellogg is in no better posi-
vote. w
MIR. Trumbull then read from Story and 9th
or writer's on the Constitution. and Commented
thereon, saying that Story had predicted that If
monarchial government was estahl;sbed in
one state of the Union it would brino IN tho
ruin of the whole Republic. He cont,nnad
We are threatened today with that rum that
Justice Story saw years ago Talk about a Re-
publican government in Louisiana, what gov
arnment can be more despouc than one elected
by an injunction, and continued in power by
the military force under the order of Judge
who, having no Jurisdiction is restrained by no
law but his own arbitrary will. Why it is q
despotlsm, and what, srs, has become OF Dur
ell? He resigned to escape impeachment bv
the political party he had usurped authority to
sustain in power, and he is now fugitive from
the state of Louisiana, subject to the scorn and
contempt o. everybody who knows him. and he
VIII, Do TO the latest period of time Trumbull
Contenoeo that ii Congress chooses to 90 behind
tne Governors certificate and inuuire who have
Deen CHOSEN electors, it IS not violating apy
principle OF the Constitution of tina state huI
simply going behind the evidence as presented
by the act OF Congress, and thus going behind
the certificate of the Governor we End the uffi-
cisl returns and the returns of the electors from
the parishes of Louisiana have never been
couoted by anybody having the authority to
count them What was the result of that re-
port? The Senate aud House of Representa-
tives voted not to count the electoral vote OF
the state OF Louisiana. Congress looked into il
and Its committee reported that the votes had
never been counted by anybody having author