Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1877-02-06
$taumto,l Spectator.
TUESDAY, FEBRUARY 6, 1877.
The Florida Vote Before the Electorai
Commission.

The Florida Vote Before the Elec'ora
Commission.
The case of Florida was commenceu
before the Electoral Commission on FIJI
day morning.
The Commissioners occupied the
bench of the Supreme Court judges
the five judges in the centre, the HOUSE
Commissioners on the left, and those o'
the Senate on the right. Davld H.
Field and J. r. Tucker, opJectors Oh
the part of the Democrats, were al
lowed two hours to present their case'
and Messrs. McCrary and Kasson the
same for the Republicans. When MI
Mr.. Tucker concluded, the Republican
directors said they were not ready to pro-
coed. and asked an adjournment until
the next morning. To this Justice MIL
Ter objected, and the commission took a
recess of two hours to give them time
to prepare for argument.
The Washington correspondent OF the
Dispatch says: :.
Tucker treated the commission as having
judicial powers, while Kasson ana NC C.
Crary looked upon them as a sort OF
grand political committee. The Demo-
Gratis addressed them in courtly style as
Your Honors,' and the Republicans
said 'Messrs. Commissioners
Tucker acquitted himself SO well
Though his speech was necessarily COM
pressed within forty-five minutes) that
he received congratulations even from
some of the Republican commissioners"
Mr.. L. @. Washington, in special
80 the Wing, says!
isMr. fuckers effort is praised on all
hands, and has been specially compli-
mented by members of the Commission
of both parties. He argued that the
State, or body polite, and not the State
authorities appointed the presidential
electors. That there were two things
in every election or appointment to Of
fee: First, the elective franchise; sec
ond, the determinate function, which
last, in Florida, was vested in board
with limited powers. If the State of1i-
GERS usurp the elective franchise the act
is void. If the State law furnishes jul
dicial procedure to test the action OF the
determinate power that must be regard
ed as part of the determinate functions.
Where determinate power transcends
authority it usurps the elective func-
tons and is void; it elects under cover
ing power fraudulently decides, it as
sumes to elect, and its act is void, so that
illegal or fraudulent action of return.
ing board or determinate is open to in
QuiFy. From these positions Mr.. Tuck
er argued that if the election is deter
mined by board and State Court O.
competent jurisdiction next decides its
action illegal or fraudulent it is eonclu.
sive on Congress and the Commission
unless the Court was without jurisdic'
ton or was fraudulent. Whether thu
elector be Federal or State officer hi
must be appointed by the State as thu
Legislature directs, and we must refuse
effect to certificate which bellies thu
fact"
On Saturday, speeches were made be
fore the commission on the extent of it
powers and the admissibility of evidence
by Messrs. Merrick and Black represent
ing the Democrats, who made stron,
speeches on the right to go behind tn
Governors certificate, and by Messrs
Stanley Mathews and e. w. Stoughton
representing the Republicans, WIN
maintained that the certificate was fna
and could not be questioned except TO
fraud.
The discussion was continued on yes
terday by Evarts for the Republicans
and concluded by O'Connor for tn
Democrats.
The Court will confer and decide as t.
their powers, after which argument viii
be heard upon the merits of the case
We suppose that a decision will not b
made before the latter part of this week
PACKARD RECOGNIZES THE MICH
Oils GovERNMENT.-AN New Orlean
dispatch says Packard blundered into
recognition Of the Nichols government
Wednesday by filing answer to sui
brought against him in the sixth dis
trict court, whose judge, N. II. Righto1
was recently appointed by Gev. Mich
oils to fill the vacancy caused by th
death of Judge Sancier. The RUM
Legislature pretended to abolish thi
court, but it has been acknowledged by
all parties since the Inauguration. J
II. Houghton, former keeper of steam
boat, sued ex-Marshal Packard for I'M
paid fees in this court, and Packard filet
his answer to the above suit
DEATH OF AN EDITOR.-GeOrge w