The New York herald., 1877-02-09

interfering by legal proceedings with the electoral votes
transmitted TO the President OF tho senate had
omitted TO call attention Tho counterpart the
ture-the condition oi government with q person
stepping into tho PRESIDENTIAL chair along pathway
strswn With frauds. perjurics and crimes.
INTO which tho people were neither allowed
government or through their representatives in the
federal government lie apprehended that 10 consid-
erng the picture presented by tho the
commission would lind IN looking at the unterpart
picture moro offensive and revolving 10 the mind and
heart Of every patriotic Citizen aud from which
must all start back amazed and shocked All that
was asked on his side that the truth shoud be
under tho rules OF evidence prescribed py
mission) ascersained on which the commission
act and that, when asccrianed, IL should become In
It's legal results practical fact In tho political
history OF the country. Mr.. Merrck coming down to
tho question OF the alleged inelgibty OF Humphreys
said hat his commission had been put In evidence,
cont date, that therefore. the burden OF proof
rested on the other side TO show that the time OF
casting the electoral vote humphreys did hold the
Office. He argued that until the resignation
cepted by the power that conferred the Office that
fact appeared on the record, hc must be held be still
occupy ng the OH ,e.
Representative Hoar put tho OF an Office holder
being elected 10 the Senate and asked whether II hs
resignation oI oico were not accepted he was thereby
10 be kept from his seat
Mr.. Mcrrick repsd that the fac. OF his being admit
ted to his scat IN tho Senate would be discharge from
the Office which he had ncd, provided he had prior
that tmo tendercd hrs resignation
Mr. Hoar inquired whether the same rue would not
asenatorY
Mr. Merrick replied that in the of Senator tho
eIector II mpersonal In other words the State
was positively forbidden 10 appoint an ofiiceholdcr as
an eecior. IL mtaton upon the power OF the
State and not personal disability OF the man.
Representative Ahbott-You also claim that, even II
tho acceptance OF the RESIGNATION was not necessary
the resignation itself must be made to the court
Mr. Mcrrick-UnguestionabIy Tho resignation
must be made to the power tna gave the appointment
suppose Humphreys had resigned 10 the Clerk OF tho
court addressing private letter tho Clerk New.
ark, Ohio. would that be sufficient?
The Presiding Justice-But II he sent TO the Judge
aud the Judge directed IL iledY
Mr.. Merrick-If that Is done while the Is In
session then u Is the act OF tho court.
Representative Gar1eld-Do you mold that n case OF
long vacation, or in OF the beng abolished
by law or in case of the death Of the Judge who gavo
the appointment, THIS oiccr never could have G.
slgncdY
sr. Merrick-I shsud have referred that case to
one Of the returning boards IN the South hardly
know what reply to make.
Mr. Garned--I understand your position to bo that
he could not resign except whilo the Court was in
scssl0n.
Mr.. Mcrrick-I presume that DEATH and tho cxtinc-
ton Of an Office, and the abolition OF government.
aud the wiping out o nation make options all
principles 0i law
Justice Mlcr--You say that tho distinction bclwcen
the man who accepts tho Office OF Senator ana the
who accepts the ofico Of eccor tnat tho
the objection goes TO the power OF tho State and IN
tho Other case II does not What Is tho difference
the question OF tho power OF tho Slater
Mr. Mcrrick In the one case tho prohibition Is that
person shall u Representa- or a Senator who
has not attained certain ago. the othcr case II IS
that no person shall be appointed clector who holds
uysn To- do n ac te dones Of sc
exercise according TO tho precise restrictions and
limitations of the donation.
RIVAL CERrIFICArEs
Mr.. Mcrrick then passed on 10 tho question of the
rival ccrhcatcs ana arguing lavor OF the icet
macy OF tho second and third certificates he Tidcn
Senator Thurman-suppose the rdcn electors had
not votec AT all, would 1t DO competent to show by
subsequent State proceedings thai Hayes electors
who did vote had no ttlesy That Is the real question:
Mr. Mcrrck-Most unquestonably. The State can
not have her voice simulated, whether her
Is spoken or not. IL appears that this occasion
the truo voice OF the state was spoken; but II It had
not been, there could have been power and
vgor in the simulated tones OF her VOICE TO reach tho
councils OF the federal government than there when
these simulated tones ringing along with those
the true sentiment OF her people Tho Ssalc is not
| to bc deceived, derauded and cheated. Sho might,
prior tho that electoral vote was cast havo
| instituted her quo warrano, standing IN her own
tribunals clothed with the majesty OF her executive
power and appealing TO her judicial authority, and
asked these men 'by what warrant do you presume to
exercise tho power Of this State? and standing she
could have stripped from them tho garment they had
stolen, stripped from their shoulders her livery when
! they had stolen Ito serve tho devliin"
| Mr. McrricK then quoted number OF authorities
from the Supreme Court, showing that the Uniform
rule was for that Court TO follow State decisions on
the subject OF the local laws OF tho State, and com
mentcd on some OF Judge Bradlcys opinions TO that
eject
Mr.. Merrick claimed in conclusion, that tho record
OF the quo warranto proceedings was boiore the
mission, IL not as evidence, At lcast showing the
iaw oi Florida, and that IL informed the commissio
that, according TO the Of Florida, the Hayes eec
tors appointed and that tho Tilden electors
were. He offered an apology il nc had IN the
or argument In replying tnqnircv any
Of partisan nature. He had designed to nrguo this
casc without partisan sentiment IN his heart and
| without allowing partisan expression to escape hrs
lips. and II he had facd in TINS purpose he begged
pardon Of tho traditions that custorod about these
sacred walls.
This closed the argument on the question of the In.
eligibility OF Humphreys as Presidential elecor, and
| the commission then, at ten minutes to 1--WE O'Clock
| adjourned till ten O'Clock tomorrow morning.
THE LOUISIANA INVESTIGATION.
| JUDGE DAVIS UNDER observation-disclosures
| PROCEEDINGS OF THE BOARD IN SECRET
sEssIoN-GENERAL INABILITY TO Explain
| ANYTHING.
| WASHINGTON, Feb 8, 1877
| The Senate sub committee on Louisiana, Senator
Howe presiding, met at ten O'Clock. Judge Davis wa,
recalled and cross examined by Mr.. Mcdonald. lie
explained that he furnished tho data upon which Tho
table Of discrepancies between the democratic ant
| republican returns was made. That data was ur
nishcd from the data In the Returning Board from
the Published democratic returns He also furnishe ee
the statements at the right of the tables under tho
head OF 'Explanatons." These compiled
by the witness from data furnished BY
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