The New York herald., 1877-02-16
NEW YORK HERALD FRIDAY FEBRUARY 1e 18-rRPLE SHEET

then falls entirely shor, Of dlsparaging capacity
the proof Is not offered to contradict tue transaction
Dy which he came IN through tho vote OF the Electoral
College, AS displayed in the certificate.
Now in regard to the substantive matters Of proof
so far IRON being Obliged TO rest the proposition
the recorded result of the election aud the Governors
cerhcate OF that result producing these electors
and no Others tho offers of proof Affirmative IN
ther proposition that that state Of acs does exist,
and IS part or the things they able and ready 10
prove ask attention TO thus principal oner OF proof,
II has been deliberately produced and made Of
ID nat State that by the authority iutrused with the
final act of evidence cerca,ion these electors did
receive majority OF the legal votes the S:ato OF
LOUISIANA They say IL was done nuid Gde and fraud
uiently. but II was then done The act was cousum-
mated, and you are relieved therefore, from any dis
turbance OF this definite and limited proposition OF
whether Is competent for the two Congress
TO penetrate the action OF State and determine nrs
whether conforms to the real facts OF tho
deducble through successive steps from the depos.ing
OF the votes In the ballot boxes, and second whether
they conformed TO legal authority.
Mr.. Evarts here entered upon extended, ex.
haustvc and subtle calculation OF the laws of Luusl.
ana. arguing from them that the power the
vote lay in the Returning Board, who had IN he re-
cent election exercised only such powers were
fcrrcd upon them by the statutes OF Louisiana. In
regard TO the exercise OF those powers respect
tho Presidential electors the government OF the United
States had no more authority than had regard TO
any other election in that state. In reference to the
question Of ncligibIlity. Mr. Evarts took The same
position the Florida case, that legislation was
necessary to enforce the constii utona prohibition.
and that without this the duty tor which the eiector
was created having been consunmated there was no
power in the two houses TO 20 behind It,
LgoAL svBrIErY.
He denied that an elccior Was either federal
State officer aud IN response to question Of Commis-
xi0ner Thurman, said:-
Ho Is certainly not state officer. thnk he is an
the kind the Office he citizen who an eec.or
called
Mr.. Evarts defended himself ana those associated
with him from the charge OF endeavoring to cover up
frauds which had been perpetraled oy ihc Returning
Board and IN eloquent terms referred TO the violence
ana intimidation which he claimed had prevailed in
tho State, and closed his argument by review OF the
offer of evidence by the democrats, which he argued
the commission should not hear.
AT the conclusion OF Mr.. Evarts' speech the comms-
SION took recess Tor half hour aud when reas-
scmbcd at quarter to two O'Clock Il. NJ. the Presl.
dent Judge C!ordl announced the reception Of tho
Sonate resolution rendering tho use Of the senate
chamber 10 the commission IN they should hoId
nn evening session, but no action taken thereon
lilo also announced that the remaining counsel had
two hours and thirty minutes time lett tor argu.
meDt
SPEECH or JUDGE CAMPBELL
Judge Campbell IA former Justice OF the Supreme
mission on behalf oil tie democratic oDlectors He
spoke substantially us ioiiows:-We diGcr lun,ia.
mentally upon the principle OF the generative process
by which tho electors oi President and Vice pres.
dent ever came INTO the constitution that shall alter
the arrangement OF my argument and lollow tne
rangemcnt pursued by the learned counsel who lasi
addressed the Court. l do not understand that the
election OF President had It's origin In any state
from any reserve fund oil power belonging to
the States, but | contend that from irsi 10
last u Is power derived from the people OF the
United States and does not owe It's birth any State
constitution The constitution oeing by tho
ratification and acceptance OF II by the States, IT
the States had rejected there would have been still
United States. The United States came into existence
with the declaration OF Independence. In opinion
given by Chic. Justice Chase aud which regard as
one oil The most Interesting opinions that ever
from the court II Is stated that durng the Revolution.
ary period The government exercised all the Of
sovereign government without much INQUIRY as TO
where IT'S source or authority came from, and
during the period OF tho Confederation they we're stii
the Uited States under confederate articca In other
words 'the historical Union was stronger than the
Union formed by the federal compact. )" say when
they sent delegates 10 phladelpha and Organized and
formed the articles which compose The iederal const
tuition wasa proposition TO the States to accept those
articles aud 50 form Unlon The people OF tho United
States ION the lace OF this constitution" spoke with
sovereign power when they came to the subject
Of tho President They said that the executive
Of the United States Of America, and when
those words were accepted as law he
ner OF his appointment they said :"Each State shall
appoint, is required and commanded to appoint an
such manner tho Legislature thereof shall direct
electors for that purpose
The language OF the constitution Is imporstive It 10
an absolute ''shal appoint" Now what the powers
which the two houses oi Congress have exercised IA
rotation 10 this subject DO the States before
you In the shape o soveregns and clam OF you "by
shall be countedy DO they come here aud tell your
President Of tho Senate, "Count these votes vt the
peril Of our dspeasuroy That has been their
this, Let call your attention to the fact that
both oi y.v houses Of Congress sand 10 four of the
original States after tho recent civil war, 1--WE will
count no votes that may come from you;' and III Is
done in advance OF the reception o any votes and
simply IN vindicatIon OF their own authority There
were some chimericai governments existing in
some oi those States, and they did pretend
to send electoral lists TO the Two houses. but
they wero discarded being too trivial tor any con-
sdcrati0n. Suppose the Legislature Virginia mad
sent her election lists IN 1865 10 vote for ncumbcnts
the Office at that time, and hud demanded her right
under the constitution TO cast such votes, what would
have been tho answer? IL would have been
Daughty and proud the demand. They
would have been told, "You longer entitled 10
tho benefits of this constitution because you have
tempted 10 abrosa:c IT, AMI wo will not count your
vote allow you to to the bar OF our
houses TO present IT - and these two houses speaking
In that voice OF authority Tor tho whole people OF the
United states, which Is vested In them Tor that pur-
pose, seems is now the poor feeble, paltry mbecile
lent returning board am told again that
examination can be made INTO the authority of tho
state Legislature; that they have separate authority
TO direct that subject, ind that their
right and we cannot touch IL or impair It, Tnoy
claim II as gross usurpaton II you venture TO IN
qcrc into the acts Of Legislature IL Is true that
State has the power toappoint and the Legislature
appointment, but Is not that q trust poweTY
Is that power given for the benefit
qualification vi q Stale mereyY say no. This
commission has the power to LOOK into every OF
the Legislature and IL that Legislature tho
fundamental principles that lie ut the foundation OF
American liberty they should reject the votes.
AN IMAGINARY ACT.
While the learned gentleman was speaking drew UP
imaginary act Of tho Legislature OF Louisiana
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