The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-14
VOLUME XXv--NUMBER l41.

ed to the 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 character OF Governor do not
know that he has ever appeared before
the Supreme Court, but another man has
appeared before that court and has been
lmpleaded before II ns Governor of Lon.
isiana, and judgment has been given in
that courtupon the issue there confirmed,
so that you have in all your several
capacities been called upon directly
to pass judgment on this pretcnse and
have all given judgment against it. For
four years past VIM. 2. Kellogg has pre-.
sided over the State OF Louisiana and
been recognized its lawful Governor. The
President has recognized Kellogg; he is
the man who has signed the enNctmentg
OF the Legislature or has refused to sign
them, and performed all the other iunc-
lions OF his office.
Al five o'clock ex-senator Catpenter
rose and said: II the Court please, to re-
lieve some little anxiety that exists in
some parts OF the country, let me occupy
one moment in stating ior whom ap-
pear here. desire to say, in the first
place, that do not appear for Samuel j.
Tilden. He is gentleman whose ac--
quaintance | have not the honor; with
whom | have no sympathy; against whom
l voted in November last, and II this
tribunal could order new trial | should
vote against him again, believing as do,
that the accession Of the Democratic
party 10 power in this country to-day
would be the greatest calamity that could
befal the people, except one, and that one
great calamity would be 10 keep him
out by fraud and falsehood. Mr.. Car
penter said he appeared for 10000 legal
voters Of Louisiana who had ben disiran-
chised by four villains, whose Official
name is
THE RETURNING BOARD OF LOUISIANA,
and continued: 1t does not appear,
it can not, in no possible aspect Of the
case can it be maintained that this tribu.
nal is anything on earth but a Legislative
committee Of investigation.
At this point Justice Bradley inter.
rupted: | don't think there is difference
OF opinion on that subject. 1t is the uni
versal theory, so far rs | am informed,
that the powers OF the commission extend
so far, and so far only, as the powers OF
the two houses Of Congress.
Mr.. Caarpenter-ln 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 have relieved yourselves from the
inlliclIOn OF the last twenty minutes II
you had announced it earlier.
Commissioner Hoar-I did not under
stand that Judge Bradley announced the
proposition you have Just stated.
Mr.. Carpenter-The proposition is, TO
my mind, self evident and 10 fortified by
the Constitution that | will stop on a
mere suggestion that Judge Bradley has
made on the subject. Judge Bradley in
timated that the counsel had drawn his
own inferences.
Mr.. Carpenter then quoted the Ian.
guage OF the act creating the Commits
sion, and contended that the duty OF that
tribunal was not TO ascertain what ap.
pears TO be the cause, hut who was duly
appointed.
Mr.Carpenter quoted various authori.
ties, and said that the electors are not
Stale officers. They are, therefore, not
excluded in the general provisions .oi
this act OF 1872. Another point is as
entirely conclusive in regard to the action
OF this Returning Board in excluding vo.
ters. When the Constitution oil the
United States says that electors shall be
appointed in such a manner as the Legis.
lature oil any State may direCt,it is speak.
ing, OF course, OF an American State, n
State Of this Union with a Republican
form ol government. Congress could
tomorrow take up the constitution Of
Massachusetts and inspect it, and finding
it was not Republican reorganize that
State, and when the Constitution
says State in such manner
as its legal legislature shall prescribe and
shall appoint the electors. 1t refers Of
course TO that form OF Government,
which its legislature has restricted by its
own Constitution. 1t doee not mean
some hottentot community. 1t means
one OF our states, so l maintain that il
the manner prescribed by the State OF
Louisiana, for the appointing electors is
in violation Of the Constitution OF
Louisiana, then its not in Compliencc
with the constitution OF the United
States. claim that tif ! eau show that the
election law is clearly in violation Of
the Constitution Of Louisiana it is
equally in violation of the Con.
stitution OF the United States. / am
now proceeding TO treat OF the law
OF 1872 as though it applied to the elec.
ton Of electors. This act creates the
Canvassing Board to be appointed by the
Senate, and SO far as anybody knows they
hold their Offices during their natural
lives. As vacancies occur they have a
right to fill them. They are close cor.
poration and as much more potent than
the people OF that State (ii this
law is constitutional) as the govern
ment OF the United States is more po-
tent than the government of that State.
Mr.. Carpenter then rccited the provi.
sions Of the act, and enumerated the
duties devolving on the Board of Can.
vassers,
Atthis point Mr.. Carpenter complained
Of feeling unwell from TIE close atmo.
sphere OF the court room, which had some
time previously been rendered very dis.
agreeable by the smoke OF the candles,
with which alone II was lighted; and the
commission thereupon, shortly before :
o'clock, adjourned until tomorrow at II
A. NJ.
WASHINGTON, February ia New
York claim agent and clerk in the First
Auditors office will be arrested tolnor-
row on the result OF an inquiry into the
collection Of unclaimed interest. AT
least $4,000 has been collected through
the connivance Of this official and agent
s. NJ. Shelton, oil Harris county, Mis-.
sissippi, was before the Senate Committee
on Privileges and Elections this morning
He testified that he is chairman OF the
Democratic committee; had no knowledge
Of duplicate ballot.box keys being iur-
nished the Democratic Judges Of elections;
knew OF the existence OF armed Republi-
can clubs during each political campaign
since 1870; thinks the colored people were
honestly convinced previous to the cleo
tion Of 1875 that they would best sub.
serve their own interests by voting with