The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-02-06
GRAND COMMISSION.

GRAND COMMISSION.
No Open session Tomorrow, the nay
10 he Occupied I'm Consultation
Eyarts and O'UonOr.
Charles O'Conor and Mr. Merfick
have charge for the Democrats OF the
Florida case Trumbull and Carpenter
OF the Louisiana case, and Melrick
and W0odley of the Oregon case.
The commission met according to
agreement.
William NJ. Evarts, of the Republic
cans, opened in opposition to the pow
or Of lhe House or commission taking
evidence or going behind the certlh-
Gates and the official State canvass.
In the course Of the arguments he said
the transaction of choosing presi.
dent begins by the deposittng in the
Federal urn the certificates of election
of the electors aud the next step Is
opening and counting of the votes.
The constitution and laws specify how
electors shall be appointed and
when they shall meet and cast their
vote, but further it does not go The
moment their votes are sealed and
deposited with the proper federal
authority, there IL no power In the
State to reverse it, change 1t, or cor
rect it.. Tho State must act before the
vote OF its electors has been cast. Ii is
powerless afterwards. The proposition
to interpOse u Judicial inquiry into a
purely political proceeding had never
before been broached and that no judi
cial action had ever been interposed,
except on mandamus, compelling the
collection. The fathers OF the country,
AZ early AS 1900 incorporated into q
law a principle that the Federal gov
eminent has no right TO ignore or set
aside the action of State In regard tc
the election Of electors. In their wis
dom they drew the line Of demarka
ton very clearly and plainly. Mr.
Evarts concluded by saying that any
attempt to bring the judges into the
workings of system OF popular SOW
erelgnty will make it intolerable, since
the decision of the judges will over
ride or supercede the will of the people
Mr.. Charles O'Conor, after an allu
sion to the Importance OF this case
the most important ever tried In thu
United States, said the counsel for tn,
Tilden electors held directly the oppo
site view to that entertained by tn,
Republican counsel, and that the Com
mission had the right to make full in
curry into the facts of the Florid
election. The opposing COUNSEL hell
that the Republican electors met In nc
: cordance with law and cast their votes
and that it is IN the power Of no earthl
tribunal to invalid their acts. On thi
point he took issue with them. III
first considered the counting OF TIL
I electoral vote and the proposition tina
the power to count the votes Is veste
in the President of the Senate, whic
. he held ia palpably absurd, since he
precluded by the constitution fror
counting such votes. He has no rigl
= to open the certificates until Oh
II two Houses meet In joint Sc,
e sion. His power Is simpl
Q clerical, and he cannot kno'
what the packages contain until h
n opens them, hand them to the teller
and they announce the vote. The dut
: of the president ends with the openin
! of the certificates. Counting devoly,
u upon that body which Is required I
9 net on the result and the count mu
i be recognized by the same body. M
= O'Conner concluded by saying that h
II believed the Tilden electors had tn
: best legal right to be recognized /
o Florida; that they had tho mora
y right Is the common consent OF u
. mankind. No honest man, capable {
b blushlng, could possibly look anothe
4 In the face and assert that the Hayt
o electors in Florida were elected. IL
@ submitted that the commlssio
d should receive as evident
e IN the cause the testimony taken b
IA the congressional investigation con
Q mittee.
d A protest IL to be presented whe
a the Mississippi electoral vote is 0pei
!, II alleges the new registration la,
requires new qualifications and oath
for voters IN violation of the constitI
. ton OF Mississippi that the preseI
!. governor is usurper and the certil
u cate given the electors worthless.
. 1t understood that the commissic
Q meets tomorrow to consider what ev
o dence, II any, shall bs received bsfo