STATKS. 



223 



public peace in Mid State It at present preserved, 

 in only be preserved during the existing state 



. t things iu suid State, at the expense of the United 



States, and by retaining a part of the army in said 

 : Therefore, to quiet the discontent and r- 

 tlie State to >tn full rights, and give it officers 



of its government which shall be chosen by the legal 

 rs of said State. 



Mr. Carpenter: "This preamble sets forth 



. eneral propositions which I claim result 



t Von i the facts of this case either conceded or 



ablishod by the evidence. My first 



purpose is to establish this, and, if I succeed in 



iJoinj; so, I think it will not be very difficult to 



tlu- Senate that Congress ought to apply 



some remedy. I shall then contend that a new 



on is the only adequate remedy for such 



a case ; that, when the people of a State have 



Ill-oil defrauded of the result of an election, and 



all the State officers and the Legislature are 



usurpers, the proper remedy is to give the peo- 



M other opportunity to elect their officers. 



44 In the first place, let it be borne in mind 

 that the general election in that State, for the 

 election of presidential electors, Governor and 

 other State officers, half of the Senate, and all 

 the members of the lower House of the Legis- 

 lature, was held on the 4th day of November, 

 1872. 



"I ask the attention of the Senate to the 

 fact that, at this election, electors of President 

 and Vice-President ought to have been elected, 

 because I chirm that the decision of both 

 Houses of Congress rejecting the vote of the 

 electors of that State, and denying Louisiana 

 any voice whatever in the election of Presi- 

 dent and Vice-President, is an adjudication by 

 Congress that no result was accomplished by 

 the pretended election of November 4, 1872. 

 If any thing was accomplished at that election, 

 then presidential electors, a Governor and 

 other State officers, and a Legislature, were 

 elected. But, if no presidential electors were 

 elected, then no election of Governor and other 

 State officers and members of the Legislature 

 was effected. Congress having decided that 

 the election was void as to presidential electors, 

 it follows that the election of State officers and 

 members of the Legislature held at the same 

 time, and subject to the same objections, must 

 be void also. 



" Let us consider this election, the canvass 

 of votes, and the subsequent determination of 

 Congress in the premises. 



" The election passed off quietly ; no riots or 

 violence interfered with its progress ; and the 

 returns were generally made to the Governor 

 of the State in conformity with the statute law 

 of the State. But these returns were never 

 canvassed, except by the De Feriet board, ap- 

 pointed by Governor Warmoth under the act 

 of November 20, 1872, and the Foreman board, 

 appointed by the pretended McEnery Legisla- 

 ture. The result of both these canvasses was 

 to declare that McEnery and his associates on 

 the State ticket were elected by about 9,906 

 majority. 



"The Lynch board never made a canvass 

 of the returns, because they never had the re- 

 turns before them ; but, in a manner wholly 

 unwarranted by any law, and in open defiance 

 and flagrant violation of the law under which 

 they pretended to act, entered into an investi- 

 gation at large to estimate the result of the 

 election. This board certified that a certain 

 number of persons, who may be designated the 

 Grant electors, were duly elected; that Kel- 

 logg and his associates on the State ticket were 

 elected; and that members now constituting 

 tin- Kellogg Legislature were also duly elected 

 ut tli at election. 



" The validity of the election as respects 

 presidential electors was necessarily involved 

 in the question whether their votes for Presi- 

 dent and Vice-President should be counted. 

 The subject was referred to the Committee on 

 Privileges and Elections ; and I shall refer the 

 Senate to the unanimous report of that com- 

 mittee, made by its chairman, the Senator from 

 Indiana (Mr. Morton), as bearing upon that 

 subject. Before doing so, however, permit me 

 to refer to the objections which I have made 

 against the validity of the canvass by the 

 Lynch board, the only canvass relied upon to 

 establish the right of Kellogg and his associates 

 to hold the offices of that State : 



" 1. I showed that the Lynch board, BO 

 called, never had a legal existence ; that Long- 

 street and Hawkins, who pretended to be mem- 

 bers of that board, never were elected ; and 

 that Bovee was disqualified, because he was a 

 candidate at that election. 



" 2. That the persons claiming to be mem- 

 bers of this board were enjoined from canvass- 

 ing any thing but the official returns. 



" 3. That the board was abolished by the 

 act of November 20, 1872. 



" 4. That this board never had the returns 

 before them. 



" 5. That they had no warrant of law, even 

 conceding that they were a legal board, for 

 doing what they pretended to do that is, in- 

 quire at large into the result of the election ; 

 that all that even the legal board could do was 

 to canvass the legal returns. 



" 6. That, if the board had been duly elected, 

 had not been enjoined, and if it had not been 

 abolished, and had the official returns, and had 

 been authorized by law to depart from the re- 

 turns and inquire at large to ascertain the re- 

 sult of the election, still their proceedings were 

 corrupt and fraudulent, as admitted and sworn 

 to by the members of the board, to such ex- 

 tent as to invalidate their proceedings ; to such 

 an extent as would nullify the effect of the 

 judgment of a judicial court clothed with 

 jurisdiction to make such inquiry. 



" Now let me refer to the report of the 

 committee, drawn and presented by the Sena- 

 tor from Indiana (Mr. Morton), to see how far 

 it sustains the objections I have made to the 

 canvass by the Lynch board. The subject be- 

 ing considered w r as the result of the election as 



