The New York herald., 1877-02-06

IRtIOn pTcseht, the Of GTOOmo GWyn,
In the 43d Maryland Reports beginning at page 57.;
the subjects interesting here and especially beg,n
think ut page d24, show that this argument that
duty supposed TO exist by attribuon OF law the
stituton, must carry to itself in tho functionary
charged with its exercise ull tho powers necessary
upon tho argument that the duty must involve tho
powers), hnds no place IN Jurisprudence. The
gument has TO be the other wav II the iunctiopary
Of tho commission has not been clothed with those
authorities. then The duty not accorded the
OF lis exercise are not furnished, and
discharged. In the OF Grooinc against Gwynn
land was held by the majority OF the court. the
power TO determine the contest for the onicc OF
Attorney General for the State OF Maryland,
and the Governor, hndng by his own inspec-
tion Of tho testimony that he lacked tho
means of carrying out the scrutiny that must decide
held that hs could exercise it, and he would moi
exercise II unless judicial authority imposed 1t upon
HIM and, assuming that the claimant against the na
canvass had the right and that the was
made an authority 10 conduct contest, he had no
powers Of subpoena and had provision for taking
proof; and the Court Of Appeals on application Tor
that constitutional duty. held that he was vested
by the constitution with authority TO
6e tho con'esting tunctonary, but .ha. the laws or
Maryland had not executed the constitution s
him with powers to perform the duty assigned him.
and that the mandanus must so against hun deliver
tho certificates to the man who on tho corrupt can
returned as having the majority that tho
pi elininary contest that might have been made
efectua 10 exclude the wrong man because of n wrong
canvass DO postponed the Judiciary powers Of
the State, lodged IN tho courts in the shape OF quo
warranto on dispute with the indicted candidate
be cnted TO the Office. This bears upon both inches
tho consideration First. upon your assumption Of
your powers from your having general duty Sec
ond, upon the consideration OF whether u duty u.s.
signed 10 the Governor as OF his Official transaction
ministerally, VIII not be compelled always,
IL there, by courts OF justice lay the founda-
ton Of the discussion OF the writ IN the OF JUS
tice find IN this act Of 1877 no such purpose in
arrangement with powers make IL u court under r
the constitution. / find no appointment OF these
judges 10 this court under the powers OF the
tion. Hnd tor writs anu their enforce t.
fneV ha atVaf hnlS nf mn laln
discussion OF quo warranio. Now understand that
tho proponentc OF this proof lay tho
limits 0l your inquiry, and OF your duties and your
powers. that Of judicial investigation upon q writ ot
quo warranto Mr.. Representative Field assigned 10
you what he described rs powers at least great
that OF court quo warranto. and oil course, in
that nature, Mr. Merrck claimed the same Judge
Black did terms do so; yet IN assigning the nn
ture and the searching character OF tho transaction
piled that demand. and tho brief handed in I'm
the praise OF which ! am happy to join with
the learned associates Of Mr. Green, makes tho clam
distinctly that you not adequate revising eau
vassing board, but you must have tho powers OF u
comes subject OF evidence, IS nattcr OF evidence
that declares absolutely on the petition OF the Tden
electors that tho Hayes electors are IN
what not may bel and exercising
II. and they ask that an inquiry may then proceed
due course OF law, bringing thom only by process
18th Of December, long after hcir vote to ln-
quro whether that POSSESSION and that exercise as
matter oil right between them ana the Hayes electors
LAWS OF FLORIDA.
The commission will be good enough to look at an
useiuly laid before US tand naturally 10 be re-
printed In thatl an act which otherwise may escape
attention or take some labor 10 find H. It
Laws OF Florida Session laws, page 2S) In re-.
laton to the proceedings on wits ol quo warranto
Tie general statutes that you ind IN the collection
exclude any possible writ OF quo warranto except by
the State, through the act OF the Attorney General
and this quo warranto reported here begins by evi.
hat thn l..,,.
writ for the State That led to inquiry now
II happened that Il was brought, and |
found % ,ns land WI which c VIII briefly state,
Attorney General refused, then claimants ts
may mako themselves REALTORS and use tho name OF
the State; but that that shall bc private suit
that shall be good between the parties and acct
public the State II Is in terms SO provided, and
is provided ,hut the Judgment shall not be bar 10 tho
suit by tho Attorney General Ia the public right SO
much TO explain tnat situation.
Now there Is but one oner point to which wish
to call tho attention Of tho commission. In tho
legislation OF ylorida-ior l can spend timo
- rchearse the statutes on pago No. 53
OF thus pamphlet, which has been printed
sections 81 and 81 provision that tho Secretary
Of State shall mako to each person chosen
to any State office Immediately after the canvass s
showing that the CANVASS completed IL tho basis OF
tho States authorization OF the right every State
officer IN certificate showing The number OF tho votes
each pei son, which certincate shall be prina
fdcie evidence Of his election to such oilicc That
gives him the Office Subsequent iLqury 10 the
IlknI SecbiOu oz euyS.-
President and Vice President Represent In Con
gress the Governor shall make ont and
person. csssin .of iis electi"n '"''
That ~ the States anal determination of the man
that has been appo ned eector under the co
OF the United Sttes Have these contestants any such
authorization OF the right, and have they proposed
any such evidence oi Their ttlc ON the 9th
oi Deccmbery Ana the question OF complete
ness OF the warrant OF the Hayes electors
to attend aud discharge their duty nut robed
the vote when cnst with the complete qualification
under the State laws and State action to pass the
vote We have the Governors certificate (as he the
very man that pussed Tor the State on that question:
which furnishes tho right TO meet anu aci that
the list Of men that were appointed. These Certiii-
catcs, under the State aw, form part OF the
to the President of the Senate but when the samo
Governor executes under federal law the same duty
under tho evidence, we have tho certificate with.
out tue production oil the anlecedent one.
GENERAL TOWERS.
Now VIC under pretty brief period OF dis.
cussiOn to the general doctrine what the powers
aud what the arrangement anu disposition Of those
powers are, under the constitution OF the United
States, IN the transaction oi choosing President In
the nrst place the only transaction OF choosing Pres
dcnt begins with tho deposit, to speak, Ia the fed
crul Office of the votes OF certain persons named aud
described In the constitution as Collectors" From
the moment OF that deposit the sealed votv hes pro-
tected against distraction corruption IN
the depository provided Tor IL, the
possession of the FEDERAL officers IN the federal Offices
The next step after that Is the opening Of those
anu their counting, and that succeeds tho deposit Of
the votes by the eccOTs and relates TO their getting
tho qualifications which the act ol Congress prcscrbes
those QUALIFICATIONS nothing but appointments by
tho States and beyond that the act OF Congress ana
the federal constitution with due regard to the State
docs not intrude 1t has PROVIDED, under
rule OF prudence that they shall DO appointed the
day in all the States; It has provided that they
meet and cast their votes The Same day the latter
is the method term and prescribed date the
ton votIng for President; the other Is
the only intrusion upon State authority Ia the
soIute choice Of tiine and manner OF appointment
that Congress may prcscribes the time, Congress
has prescribed H. Now, what are we 10 gather
spec TO the stage OF this transaction which we have
reachedthc deposit Of the edera vote Tor Prcs.
dent by the qualified Electorsy 1t Is their vote.
They not delegates to make vote according to tho
Oi their State. They are not dcputlZed
perform the will OF anybody They arc voters who
the free and authority To refrain
from voting, tof course, neglecting duty,
and 10 vote Tor whom they please, and from
the moment that their vote u scaled and
sent forward toward tho seat OF government, no
power in State touch II, arrest II, reserve IT,
corrupt H. retract II. Nothing Is to be done except
count II, and count as II deposited Those eicc-
tors ut the present election 309 citizens In number
arc by the constitution madc for Them qualifications
dependent upon tho action of the State. II tho State
no VI ~ ho