The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-02-09
Doings Of tho Electoral Commission.

W NASlIfNGiDN, fcbfuary D--' NDnnOf anu
hcrrick have charge Of the Florida case. Trum-
bull and Carpenter Of Louisiana and Mcrrick
and Woo by of Oregon. The Union has no
doubt but that the commission will decide to
admit testimony.
In the commission Evarts opened in opposition
to the power of the House the commission
taking evidence behind the certificates and the
official State CANVASS.
Evars closed his argument at quarter to |.
OConnUr followed.
In the course of his argument, Mr.. Evarts
said the only transaction of choosing President
begins hy dcposiing in the Federal urn the
tihcuicS of the election of electors. The next
step is the opening and counting of the votes
The constitution and laws specify how the elec-
tors shall DC appointed and when they shall
meet to cast their votes but further il does not
go. The moment their votes are sealed and de-
posted with the proper Federal authority, there
is no power in State to reverse il change il.
The State must act before the votes of its cleo
tors has been cast, or it is powcrlcss lie said
the proposition to intcrposc judicial inquiry
into purely political proceeding was n novel
one, and that no judicial action had ever been
intrrpuscd except upon mandamus compelling
officers to act. No injunction of a court can in
trudc into political act The fathers Of the
country, as early as 1900, incorporated into
L." -. ,.;"";,t .t-. h,~ reav,"l Sorernmcnt
has no right 10 ignore or set aside the action of
II State in regard to the election Of electors. In
very clearly and plainly. Mr.. Evarts concluded
by saying that the attempt to bring Judges into
the workings of this scheme of popular sovcr-
eignty viii make it intolcrablc since tho dcci-
sion of the Judges will override and supcrscdc
the will of the people.
Charles o Connor, after an alusion tothe i'm.
portancc of this case--the most important ever
tried in the United States said the counsel for
the Tilden electors held directly the opposite
view to that entertained hy the Republican
counsel, and that the commission had the right
to make Il full inquiry into the facts of the Flor
lda election. The opposing counsel held that
the Republican electors met in accordance with
law and cast their votes, and that it is not in
the power Of any earthly tribunal to invalidate
their action. On this rUint he took issue with
them lie said that the proposition that the
power to count the electoral votes is vested in
the President of the Senate is palpaby absurd,
since hc is preclulcd by the constitution from
counting such votes. lie has no right to open
the certificate until the two houses meet in joint
session His power is simply clerical, and he
cannot know what the packages contain until
he opens them
The duty of the President of the Senate cnds
with the opening "fihc certificates. The count
ing dcvolves upon that body which is required
to act on the result. The count must bc rccn.c-
niHci hy the same body. Mr.. orc, a Ior cuncu-
dcl 10y saying that he believed the Tildcn cleo
tons had thc best legal right to hc recognized
while that they had the moral right is the COM
mon consent of all mankind, and will bc of pos
trrity. No honest man capable Of blushne could
possibly louh another in the face and assert that
the Hayes electors in Florida were elected. lie
submitted that the commission should receive
as evidence III the case the testimony taken
by the Congressional investigating Commit
tees. -
1t is undcrsta oil the commission meets to- NOR
row to consider what evidence. il any, is before
il, and Ia consider It's powers and duties in the