The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-09
placed behind because that day tho power OF the
State the subject matter Is completely and forever
ended
Mr.. RvAnTs's CLOSING ARGUMENT.
Mr.. Eyarts clcscd tho argument on the Repub.
lfnnn Aidn lie anid;

Mr.. Eynrts clcsed the argument on the Repub.
/ licnn sidc. lie said:
a The odsSS T S OF s c sna ns GeT & % f.
self IN is execution The inelligcn and experienced
,Ra the decisive lines OF c controversy We're TO be de-
e subject Z" nn,erS In the a dscusson SG ace"rea 70
snS in c & @ an" 9 % sS r ne
commission S res,S no but VIII mere,
and tie laws Of the United states have author.
lied for transmission. and which the Presidcnt
Tho Commission has decided that in one % pSrtieuari L
FLORIDA eiec,ors-iianphrcys do no, understand he he
commission u have ever passed upon the question what
S. S . Ssand Tor nes6y but 10 HS have Gseacd tS Ss,
ocrSd red Ers as to whether The Exception ,aRey Ry to- to
wHsiHer' L maSisinaS aud maintained. The me,RoI:
Of The Constitution PERMIT Of any rso ton from the
Mr. Evarts went on to argue that the evidence
| in regard to Humphreys holding office fell
short Of showing uat he WINS in Office at tho
| burden of proving 1t rested on tho side that
made the objection. and that the counter proof
| showed that early in October he had rcsigned
his Office in writing TO the Circuit Judge. and
had received from him letter OF acceptance
and INSTRUCTION TO turn over whatever of public
means ho had for the exercise Of the Office to
| the Collector OF Customs. who would discharge
the Office and thn, the Collector had, at the same
bmae eSeR n0ea upon y e S iha' he SsG
| to los pretended that under tho law. there was
| the performance OF its duties n moment beyond
his will?' The authorities he said. were clear
ns to the right OF n citizen rcsgning an Office
without his resignation being accepted. All
| that was necessary was To make public vuca-
tiQn OF the Office lie then went on 10 say:
erston undcrs,amd thai there Is no mater c Iut "r
h, n ne m W sn,, Under wSch I IL n IL sSS9G TO
determine out o the material Of these urrc coruncacs
stao fiorida. The nrst is subject no criticism 10
because the best but accoun, OF the absolute
,Ssilnes, ,sl OF is uue in complying will. with all laws
Ing The complete yeriilc,stion Of eerufea,e The
excluded, There was no oner Of proo between %S me
iact Of The canvas. being closed and recorded and ic
with every degree certainty ana assurance the vote OF
room Tor no more To make il thcrciore Of any prac
teal imnoriance in further dis u.sqn there must he a
% msn' 81 TIE n,st or such aih,n,si'S IN ,em-,s, a
ncaies leave ihc commission in doubt AMI uncertainty
hs which vote onght TO be counted Now. rs you will
not allow evidence outside Vi the lrol certificate
suiicicncy, you viii not allow any such c,drncc colla
orally on the mere presentation aud support % ANY other
Mr.. Fvarts went on 10 argue against the SEQ
ond and third certificates and said
Tho Aiorno y-'icnera who auth cnlicaied the second
~ had no aoie fs9t ,g de- - shan tue militia
acton noi fo, ,et from any al or h'ins Coiicso Of
party rrgo~S iekins e,/ after ihc whole action
Sa 'ndId nnS ' ma NM coui =. , dG iaSn a." ,ee
uis tfensncuon of the states nnal at some point
scrc To- 90 of ho,ns % and %6rc ' ,hs2c ~ers S
G r c H." % ~, .s s ~ pv% w. a-a,gr, nsg an
.t.rut 4 or dc'ol'.t what the prcilnuus claims
Complete voc ,oi~ rric'' and rcScT.ea '' and hat
& wvu i s,i' % % W. & % 'Is ,, "s % So ,' ,l'd' 'ne 81,
% - ,t>rs I" Ns lniie Win. 9ii @ ,s rhs, i The cnd
Mat We do succc"d m counting fre.deq qt
srcd az" 10 iPlS Ss usi "' s TGSd,Tnf TfFTln'o a. hi:
s,ai should ns d,.l~iscd hs.9n'e some Of The vote.
iob1.ed rsi ths is,i;ion , e Tue state Court Is The
WHAT sor, an rr"aaSssy as S" ~hat G'. soT
rmanenSe Of "" <pps Under Ss'' he oSnsiiiS ana
hen are provided ny scheme OF perrctusl
the state Of SSysda or Of roaa Yoa mn. hsvsS
SS sSS nam ,S' S e ySf y sy' & s @
| wh,n you have determined that sNtraneous evidence
ton oi state YOU have dcicrninei a. by double de.
' ~ van a"y q ny by ~ mcps ss cSa With Or fS M
own Mt and author volunteer IN disturbance IN the
counting OF the votes
CLOSING FOR THE DEMOCRATIC SIDE.
Mr. Morrick closed the argument on the DEM
ocratic side. He said that when counsel OF the
othor side called the att rntiUn OF the comm issOn
90 the danger of interfering by legal proceed
ings with the electoral votes IA transmitted To
| the President Of the Senate. he had omitted To
call attention to the counter part Of the picture
! the condition of a Government with person
stepping into the Presidential chair along u
! pathway Strrwn with frauds. prrJuries, and
! lowed ~ inquire through thcir rntatives
in the State Government or through their rep
rcSentatiNcs IN the Federal Government. Ho
| apprchrndod that in considering the picture
presented ny the learned counsel the commission
would find. IN looking at the counterpart. u pic
| turc more offensive and revolving 10 the mind
| and heart of every patriotic citizen. and one
| from which we must all start back amazed and
shocked All that was asked on his side was
| tint th,. truth should lo lundnr the rules OF
evidence rs prescribed by the commissionl as
ceriancd ON which the commission was 10 act,
| and that. when ascertaned II should become in
| It's legal rr-ults practical TACT IN me political
history OF the eouniry., Coming down, t. the
| question Of the alleged ineligblity of Hum
phreys. Mr.. Merrck said that his commis-on
| hnd been put in evidence. and the ihct that he
Acted under II down to very recent dai ana
the other side TO show that at the time of casting
the electoral vote, Humphreys did not hold the
Office. He argued that until the resignation
was accepted hy the power that conferred the
9nrc, and that fact appeared on record he must
De h"ld to De still occupying the once.
Representative Hoar put the casc Of an Office
! holder being elected 10 the senate and asked
! whether. II his resignation OF Office were not
accepted. he was thereby 10 DO Kept from his
seat.
Mr.. Mcrrick replied that the fact of his being
admitted to his seat in the Senate would be a
discharge from the Office which he hnd held.
provided he had prior 10 that time tndered his
Mr.. HOar inquired whether the same rulc
would not apply in the cnsc of an clector as well
AZ IN i,c case OF senator
Mr.. Mcrrick replied that in the cnso OF Scna-
! tor the disability would De only personal whio
IN That Of an eleetor, It was lmprrsonni in
other words the state was positively lorbiddcn
toappnnt an ofceholdrr as IN oleclor-it was
a Limitation upon the power of the State and not
| personal disability Of the man.
Justice Millcr-You say that the distinction
ktwcrn the man who nVeptS IN" oilco Of Sen
tor and tho man who accepts the office of
| senator and the man who acccps the oflec Of
llector. il that in one case the objection goes to
the power Of the state and in the other case it
docs not. What is the difference in the question
| of the bower of the StteY
Mr.. MerrcR-In tnh ono cnsc tho prohibition
| is that no person shall be Representative or n
| senator who has not attained a certain age; in
the other cHse ii IL that no person shall hc up-
| pointed an clcctor who holds any office Of trust
| or profit Whenever there II II power given Ia
! do i'm act the donea of the power can only cXcr-
| else It according to the precise restrictions and
limitations of the donation.
MIR. Mcrrick then passed ON the question Of
the rival certificates, and Was arguing in favor
! of the legitimacy Of the second and third ccr-
tlicltcs Uhc Til1en certillratcsl
Senator Thurlnnn-S suppose tho Tildcn clcc-
! tors had not voted at all would Il be competent
| to show by subsequent Sinte proceedings that
| the Hayes elotOrs who did yotc had no titlcsl
| That is the real uucrtiOn.
| Mr.. Mcrrick-MoSt inquest ionahlv The
| State cannot have her Vo'c simulated. whether
her real voice is spoken or not 1t appears that
on this occasion, the true voice of the State was
| spokcn but If il had not becn, there could haNo
| been no moro power and Vgor in the simulated
| tones of her voice, to reach the councils of the
q