Year: 1874




not to blame. The responsibility


rested upon Judge DureH. He read a


telegram from AttOrney-G Will


liams to Marshal Packard, of December


Sd, directing that officer to enforce the


DEGREES and mandates of the United


States court, and argued that the teIe-


gram was not in recognition of the Kel-


logg government, but only directing


that orders of the court be enforced,


which the President was bound to do.


He read a telegram from Collector Casey


to the President, dated December 6,


1872, announcing the seizure Of the state


house, and setting forth that the de-


cree was sweeping n its character. He


thought there never was more truthful


comment than that it was sweeping,


and had swept sway the rights of an en-


tire State. Next followed the telegram


from Pinchback to the President,


stating that all WAS quiet, but asking,


as a precaution, that General Grant


would interfere. He next quoted from


the law and constitution as to whether


the President had authority to interfere,


and said he could do so but in two in
| stances: First, in case of insurrection


against the State; and the other in case


of the obstruction of the laws of the
I United States. 1t was absurd to argue
/ that the letter from Attorney-G General
! Williams was q recognition of Pinch


hacks election. Did the senator from
! Indiana Morton mean to say that the
! President Of the United States could sit
on his cushioned chair and telegraph
over the country, 81 recognize you as


governor; recognize such as the legis-
/ lature," in time of troubles, without any
case. being made out to him? No, sir;
we have not come to that yet. He next
read from Kellogg's communication
| that domestic violence existed
/ in several OF the parishes which
the State authorities could not
repress, without great expense and
! bloodshed, and the calling upon the


government for aid. He wanted to
/ avoid the expense and bloOdshed, and
! therefore called upon the President for
| the army of the United States. Armies
/ did not generally quell disturbances
/ without blOOdshed. This bogus govern
ment in Louisiana, which has been
| standing q year, with its riots and dis
/ turbances, was all the result of the nom
/ action of congress when it ought to have
/ acted. A new election should have been
| ordered in the State last session, but
/ after an all-night session of the senate,
| when the vote was taken, there was a
| majority Of two against the bill.


Senator Morton-That was the trouble.
Senator CaTpenter-Yes, it was the
| trouble-trOuble to that State, trouble to
this country, trouble to the fair name Of
/ this nation.


Senator Morton asked if the gentle
man TSenatOr Carpenter thought the
/ President did right in issuing his pro-
1 clamatiOn.


Senator Carpenter replied that he well
understood the motive in putting that
question. He did say that the prOcla-
/ nation was issued without authority.
/ There was no case made to the Presi-
/ dent to authorize him to interfere. This
was a case of domestic violence, and
! the President should know nothing
about domestic violence. That was not
! a case to bring him to his feet. There
must be case of insUrrectiOn in a State
and against the State government.
| Therefore, there was no authority for
/ that proclamation. 1t might be that
/ congress, under the powers conferred
upon it by the constitution, could send
troops there. He did not say whether
it could or not. The senator from
Indiana [MOrtonl had plead an es-
! toppel on the right of the senate
to inquire into the facts of Pinch
backs election, on the ground that the
legislature electing him had been ecog-
nized. He LCarpenterl denied thai the
President had ever recognized that leg
islature. The President paid no attell-
ton to them when they called upoE
him; he treated them with entire con-
tempt. The President Of the United
States, in the last days of the session,
sent a message to congress laying the
responsibility upon its shoulders, and
saying to congress that if it did not act
he would continue to recognize the Kel-
lOgg government. But the Presidents
interference then might be on entirely
different grounds. He Carpenter was
not much of a lawyer and nothing of a
politician, and he did not doubt that the
senator from Indiana Morton was lay
ing for him in the form of politics, and
would say to the country that he had
been abusing the President. The Presl-
dent is empowered 10 call out forces TO
enforce the DEGREES Of the courts, and ali
he did might be rested on that. That
might be his defense, politically, and
Senator Morton need not report him
[Carpenterl to his constituents for
censuring the President for sending
troops to Louisiana. The proclamation
of the President had a salutary effect,
and he was glad il was issued; but to
say that the effect of what the President
did was an estoppel to the senate, was not
a good argument. He [Carpenter main
tanned that the proclamation was null
lily. The duty devolved upon congress,
under the constitution, to decide as to
the legality of the State governments,
and the decision of congress was bind
ing upon all other departments of the
IN tho rvs Sonofnr
Morton argued that the action of the
President was binding upon congress.
In all this business of putting down
an insurrection in a State the President
was but a mere agent of congress; the
President is to restore order. 1t does
not matter much whether be sets up the
right or wrong party; that congress will
determine, but the President must put
things in such a condition that peace
shall reign. Congress says to the Presi-
dent: You go there and quiet things,
and then we will inquire into the pro-
ceedings.n He said that tomorrow he
would introduce a bill providing for a
new election in that State, and would
explain his reasons. Before concluding
his argument he referred to the law gov
erning admissions of members of the
two houses of congress, and said that be-
ing eleCUeO 10y lD6 IdW-llakllR power OF
the State, the senate must inquire as to
the legality of that power. On the other
hand the house had no author
ity to inquire as to the legislature.
The senator from Indiana had claimed
that out of respect to the senate he was
constrained to send Pinchback's case
back to the committee. By that argu-
ment the senator had overturned his
own priEld Jacie case.


Senator Morton said that it was not
fair or legitimate argument to make the
statement.


Senator Carpenter said some two
years ago, when he had occasion
to read a senator down, Senator Trum-
bull came to him afteTward and said:
"You are young senator, and there are
some things you may not know. One
is that it is an established rule in this
body that you must not refer TO mans
language in the Globe for more
than two years back" Laughterl.
He supposed he could refer 10 the Con-
gresSiORdL Globe for one month back as
TO the language of the gentleman Nor
toni to show that he destroyed his
prind fdcie case. The decision of the
supreme court of that State could not
bind the senate, as that court had no
Jurisdiction 10 1poida prrasfinr,c xvl,iab