The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-02-08
blacks, and support Hamptoa's gov


eminent.
The resolutions were then referred tC
the Committee on Privileges and Elec
tons.
WASHINGTON, February 2.-In the
electoral commission this morning Cou,
gresham Field spoke in support OF
his objection to the count of the Re
publican vOte.of Florida.
The electoral commission met, and
the court announced that two of the
oSJectors would be allowed to speak
on each side on each case. There is
no provision for replies. Mr.. Turner,
of Virginia, followed Mr.. Field on the
Democratic. side; kasson and Nc
C-eary followed. This closes the OBJ
jections. Tomorrow the evidence will
be read and the case will proceed un-
der the management of the law
yers. Kasson argued strongly against
gong back of the returning La.si.
There is nothing in the proceedings 10
indicate how soon a decision will be
| reached.
WASHINGTON, February 5. senator
West, oi Louisiana, msde per
SOD i explanation in relation to
the letter of Governor Wells, of Lou S.
ana, before the returning board, adj
dressed to him and read before the
House committee on Saturday. He
said he awaited himself of this opOor-
tunitY 10 make this eXplanati N, which
he was not permitted TO make before
that committee. He became aware
of the existence of the letter some time
.Hst week through the public press on
! Saturday. When he learned that the
| committee had the letter he volun-
tarly went before the committee with
out any subpoena being served on him,
and read the letter to them. He could
have availed himself of his privileges
as Senator and refused to divulge the
| contents OF the letter, but he desired
| that all the facts in regard to the
| Louisiana count should be known. He
had not held, or did he intend to hold,
any clandestine correspondence with
any one in regard to the counting of
! the electoral vote. About the time the
letter should have been delivered TO
him he was informed by the Secretary
of War that \ man by the name Of
Maddox was here attempting to trade
off the vote of Louisiana. He (Mr.
Vest Immediately denied that he had
any such authority, and telegraphed
| to New Orleans to friend in sub
stance as follows: TELL Governor
Wells that man by the name of Mad
doN is here, protesting to be author
lied to speak for him and the returning
board of Louisiana. What does this
mean?" The answer came back, as
soon as the wires could bring it, that
Mr.. Maddox had no such authority.
Mr.. West, in answer to 4 question of
Mr.. Bogy, as to what explanation he
could make of the letter, said that he,
West, was ambitious to be his own
successor in the Senate, and in the letter
referred to as speaking of millions,
Governor Wells used the expression
in the same manner as Col. Sellers did.
He meant there was q barrel of money
there to be used against the Repubh
cans, if aid was needed, that is if
more money was to be spent on one
side, 1t must be spent on the other.
He, West, would not rest for moment
under suspicion that he was traffic
ing in electoral votes.
Wells has just commenced what
promises to he a long statement.
Wells is perfectly self-possessed, and
is evidently well prepared for the task.
The bill passed removing the poiiti
cal disabilities of james S. johnson,
of Georgia.
Mos of the day was consumed in
discussion as to whether the House
could adjourn under the provisions of
the electoral bill, and bill directing
the Committee of Judiciary to inquire
into that subject was referred.
The House ruled that the session this
morning is a continuance of the legis-
lative day of Thursday, but the ruling
was withdrawn to hear the argument,
which is now progressing.
WASHINGTON, February On his
argument Mr.. Evarts said the only
transaction of choosing president be-
gins by depositing in the Federal urn
the certificates of the election of cleo
tors. The next step is the opening and
counting of the votes. The Cons;itu-
ton ana laws specify how the electors
shall be appointed and when they shall
meet to cast their votes, but further it
does not go. The moment their votes
are sealed and deposited with the prop
er Federal authority there is no power
in State to reverse it, change or cor
rect it. The State must act before the
vote of its electors has been cast, or
it is powerless. He said the PROPOSE
ton to interpose judicial inquiry into
a purely political proceeding had never
before been broached, and that no jul
dicial action had ever been interposed
except ON a DadRddHtuS compelling Off
GERS to collect injunction if the court
intrude into political act. The ia
theirs of the country, as early as 1900,
incorporated into law the principle
| that the Federal government has no
| right to ignore or set aside the action
OF State III regard to the election
of electors. In their wisdom they
drew the line of demarcation
very clearly and plainly. Mr.. Evarts
concluded by saying that any attempt
to bring the judges into the workings
of a system of popular sovereignty
| will make it intolerable, since the de-
cision of the judges will override and
supersede the will of the people. Mr..
Cnas. O'Conor, after abiding 10 the
Importance of the case, the most i'm
portant ever tried in the United States,
said the counsel for the TildeH cleo
tors held directly opposite view to
that entertained by the Republican
| counsel, and that the commission had
right to make a full inquiry into the
facts of the Florida election. The OPP
posing counsel held that the Republi-
can electors had met in accordance
with the law and cast their votes, and
that it is in the power of no earthly
tribunal to invalidate their acts. On
this point he took Issue with them.
He first considered the counting of the
electoral votes, and the proposition
that the power to count the votes is
vested in the President of the Senate
is pslpably absurd, since he is pre-
Guided by the Constitution from
counting such votes. He has no right
to open the certificates until the two
houses meet IN joint session. His
power is simply clerical, and he
cannot know what the packages con-
tain until he opens them. The
duty of the president ends with open
ing the certificates, and the counting
deyolyes upon that body, which is re-
| quired to act on the result. The count
must be recognized by the same body.
Mr.. O'Conor concluded by saying that
he believed Tilden elected; that he
had the best legal right to be recog-