Year: 1874

SPEECH OF SENATOR CARPENTER ON
THE LOUISIBNA TROUBLE.


The motion of Carpenter to lay aside
all pending orders and take up the
Louisiana bill was agreed to.


Carpenter proposed 10 go directly to


business, and not waste the time of the


Senate in any glowing speech. He


would repeat nothing he had said on a


former occasion, but would endeavor


to speak out matters in connection with


the Louisiana case upon which both


himself and the Senator from Indiana


agreed, and would endeavor to show


that all circumstance required the pas


sage of the bill proposed by him. He


reviewed the election returns, and said


that it was clearly shown that McEnery


had received 996O majority, though he


did not hold the election was q: fair


one. AS Congress had already author


lied an investigation into Louisiana


affairs, it seemed to him as it had gone


SO far in these matters that it must


proceed and settle them. He referred


to the argument of the Senator of In


diana, Morton, as to the Supreme Court


of the State having decided in favor of


Kellogg, and said the testimony before


the Senate committee showed such a
state of fraud us would set aside the
decision of any tribunal. The Senator,
Morton, in his report, in regard to the
Presidential election in Louisiana, had
stated that the Lynch Board, in maxi
ing the count, and declaring the elec-
ton of electors, had no legal evidence
upon which it could count the votes.
The Senator had shown that no validi-
ty attached to the action of the Lynch
Board, on the count for Presidential
and both Houses of Congress
acted upon. that report. The Senator
MortoW now claimed that the Su-
that the Lynch Board was the legal
board, but he (Carpenter) called atten-
ton to the fact that that decision was


made before the report of the Senator
from Indiana above referred to. He
(Carpenter) regretted the Senator (Mor-
tony was not in his seat to-day, and
would pass from that branch of his
omitting many things which
he intended to refer to. How would
Congress look before the country after


that the election was void as
to Presidential electors, but legal as to
State officials? The Senator (Morton)
having led the Senate through the first
phase, now seeks to lead it in a counter
The Supreme Court Of
Louisiana was part Of the State Gov
ernmcnt, and when Congress was to
inquire whether the Government of
that State was republican or not, the
Supreme Court could no more settle it
than the Legislature could. That pow
er was vested exclusively in Congress.
Again, the question was not judicial
one at all, but a political one, and must
be determined by the political depart
ment of the Government. The Su-
preme Court of the United States itself
could not settle it, and the decision of
the Supreme Court of Louisiana was
not entitled to a moments considera-
ton. The court had never attempted
to decide the question directly, but all
it did say, in effect, was that the Lynch
Board was the legal board, but it never
or corruptly. The Senator from In
diana (NIorton) had rested this upon
two points: the decision of the Su-
prenc Court and the recognition of the
Kellogg Government by the President
Of the United States. On Il previous
occasion he (Carpenter) had stated that
a proper case had never been made out
for the Presidents action, and the Sen
ator from Indiana get on his high
horse to illustrate his fidelity to the
administration, Il thing entirely un-
necessary for him to bolster himself up
in Executive favor by denouncing
else for falling short. Sup
pose Gen. Grant did misconstrue
statute, did il make him worse man?
Not at all and ho (Carpenter) pro-
tested against tho Senator (Morton)
that there had been an attack
upon the President when he (Carpen-
ter) pointed out a misconstruction of a
statute. Such Justices as Mansfield,
Story and Marshall, would sit and
listen for days to an argument to show
them where they were in error; while
a justice of the peace would knock you
down for suggesting that he may have
erred. He (Carpenter) denied that he


had made any attack on the President.


Referring to the argument of the Sena-


tor from New Jersey (Frelinghuysen)


as to the power of the President to act


in putting down insurrection when he


was satisfied himself that it existed,


Carpenter said there was but one man


in the United States Except Senator