Marshall County Republican., 1877-02-08

sides. The presiding Judge then announced
that counsel not exceeding two in number on
each side. would be allowed to participate i'm
the argument The room WAS cleared, aud the
commission went into private consultation
and, after some time spent in deliberation, ad-
journed until Friday, 81 10 O'Clock, a. m.
FRIDAY, Feb. 2.-The Florida case was
opened before the commission by four hours
of argument from the or jectors to the con-
aIcting sets of returns The Democrats had
the floor first, Mr. Field speaking an hour and
a quarter, and MIR. Tucker filling up the rest
of the two hours allowed. They argued that
there was gross and inexcusable fraud in the
counting OF the Florida returns, particularly
in Baker county. and that the commission
| should examine into the facts. They claimed
that tho vote of Florida was legltimately cast
| for Hlden and Hendricks. and that it was the
| right and duty of the commission to go behind
| the Governors certificates and 30 decide
Messrs. Kasson and McCrary followed on be-
| half of the Republicans, who argued again at
| the power OF the commission to constitute
| itself national returning board, go be-
hind the returns, and overturn the
electoral vote OF a State, when cast in
| accordance with the constitution and laws
| OF that State. At the close OF the argu-
ments Justice Clifford inquired whether the
| counsel proposed to offer evidence before pro-
ceeding to the final argument of the case 1t
| was replied on b. half Of the Democrats that
| they expected to offer evidence. Mr. Evarts,
| for the Republicans, said they had none TO
offer unless it shall be decided that evidence
shall be admitted. Adjourned.
SATURDAY. Feb. 3.-The day was devoted
to hearing arguments of counsel upon the
power Of the court TO go behind the returns
from Florida, the Tilden lawyers taking the
affirmative Of course. Mr.. Merrick opened
the argument, maintaining that the commits
| sion had the power to go behind the returns
and take evidence as to frauds in the election.
he was followed by Judge Matthews. of
| counsel for Hayes. He said that the election
of President is not popular
election, according to the constitution, ard
that it is mistake to suppose that electoral
bodies are delegates representing the State or
the people of the State. as agents to accom-
| plish their will. When the electors completed
their work by casting their votes, then the
transaction passed beyond the limits Of State
control. and it became a Federal act, one of
those things which passed 70 the jurisdiction
Of Federal power. The body Of electors
which has an apparent right and title.
and which is in exercise and posses
sion OF the functions and franchise OF
an Office and actually exercise the DO .yers OF
the office, is. for the purposes of this tribunal
the lawful body to cast the vote and Their
vote must be counted. Judge Black followed
| III bcho4i VI tuo DtmtNidtS. ne sdlQ Lutrt
had been much talk there about going behind
the action OF state, He believed firmly in
the sovereign power of State to appoint any
person an elector. provided il was done in tho
manner prescribed by her Legislature, and
he believed after the appointment was made
In that manner no man had the right to go be-
hind ii and say IL was not an appointment fii
to be made. Anybody, whether an officer OF
the State or an officer Of the General Govern.
m mt who undertook TO set aside such an ap-
ps:ntnent as that wocld be guilty OF usurpa-
ton of authority, and his act would be utter
ly void. Therefore, i tho Governor OF
| Florida in this case, after the appoint.
ment OF these electors was made by the
people, undertook to certify that they were
not ele ected, and to put somebody else in their
place, that act was utterly void, false, and
fraudulent. They were not going behind the
act Of the State in the case. They we're only
going behind ths fraudulent act of an officer
OF the State, whose act had no validity what
ever in IT. Mr.. f. w. Stoughton. OF counsel
for the Republicans. argued that the court
bsd no power to go behind the returps after
which the commission adjourned.