The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-06

ccruhcae ot his election" That IL the states hnal de-
s sss.'"is stssss
iiyt 'fsssS i$IA IS sy'sfs;i 'si5 SSs {.
vs. scaiss,s aaiiiacstiGs snds! The law: ana Ge
srnsr s s he hs Very man That sst passed Tor
ss ps si Sf 40
sr s m ~ q. e Of s s sw rm bD n
when the same Gs,e,nor executes under Federal law,
iiisais without the prSducticn Of The antccedent one
Now We come. under pretty brict period Of discus:
sSs, NJ ssassnsn, AMI ssgco% u those hs',s powsTs s
TRANSACTION of choosing President in The arst place
the only Transaction 81 choosing President begins with
s and % s cSn.a
9 vote & FSS sss G"fs ssson S s' S sora s
@ "S S Fss S' NJ h' Ss Sss cp
after that the opening OF those votes and their count
n p s@s and and 10 III .s gsg S he ss S sy S
whieh the &c, Of coneress pre-cr9es Those qualnea
cn S s5s s ns Ss .s and S e s s ns sS
ton with due regard 10 The state authority. d,ss not
deness that iiiey shall be appointed. on n.
aud cast Per ,o. on tic ,a@e Ss day Tue later
snod ~ ,epm r and prsese ds', , in The 2,
STATE authority in The absolute choice Of TINE and man
and ScSss Rs. W. i now What are re We g
gather IN spec g the stage OF this TRANSACTION which
c PSsS sy the qaaaSs FSoT i it % SSn eSS
the Instruction. or ,heir state, They not deputsed
'S the s s S 81 mG GG@ Gy y S 1" Sr IyS TGS
irnm voting of course n'rcctng dutyl an to vote for
i> .euod aud forward toward the seat ol Govern
men, y" I9wer ns STATE can touch y @rrest reverse
count it, aud count 1t a- It was deposited.
Mr.. Evarts said that the trainers Of the Con-
stitution were not wanting In forecast or cir
cumspcction. hut zealously guarded against that
peril of monnrchies or republics. n disputed
succession. This was in-tunced in the prVvis-
tAVa hat .lsl.. t..f
failure Of the first. must bc held before the 4th
OF March. Safeguards were provided all the
way along. from the casting Of the ballot to the
time to permit the proceedings to 40
,5 en- but nowhere was it hprHy,Idcd thHt
he stopped by quo warrcnto proceedings; no,
where was there any proceeding that permitted
the elsctisn t. be retardedi IN; nets Of Congress
ton on the day appointed il may NJ n subsequent
day make an election. which shows determi-
there was anything provided In the election
laws II was that there should be no rccuns dera-
tion IT the action taken. Mr. Evarts concluded
now proposition, as has been laid down well by
ny haried & associate. : nat under The STATE lsM q
every act and stage OF tha. action rghty wrongly hon
lions such ~ the FEDERAL Constitution requires II The ap
pon1ment hy the state through hc mcih,s that it has
alton between the inception The Federal authority aud
shlsYm MANI am e9n'9npsion @ OF IA. sat e. action pIs
fled record aud the accurac, the cerun, ate l. 10
@ % When ,Gc % wic@ wa. % ~, ei tho % TAT ,6cTs Gsr; cns
dned ~ ne wSfs'ns 81 ,e ,s"i tne5 had tar'd
observed and that IT, powers should not include he
the s,iic The no,oii, a. have SID Of t,t SITUATION
lf,s,., ,r,~ IA 70 ',nt, N',sr hs9[, ma, There been
Gle, u1n, sni 20 accomplish that almost miracle has
s'and -l much Longer Than they Tec ior Joshua in his
hrns Judges do no, nov seak oi Judges in he ohca
selac.y hat some portion q this bench occupy In the
and into Il. w9kns q .hs scheme Of popular
viii deraud defeat by The nature Of that inefven
non mY he M n q ne AZ & snsas9m Of
sp S ssS sS hs ne 9yssp ~, Of ,ba s sSI & and Ss S
Israel had TO pray ior-A King.
Mr.. Evarts referred the commission In clos
ing 10 the following cases:
picksy essins, Rssye-, in he 18th nlino. Reports;
Mann h'rori. r. - ,aninin,ns an opinion OF ile
5~ih Maine Reports. pa4e a'~, asd Ne~ Hampshire ii,.
nrnn in ihe nl-trtt Of Virginia pubii.hed in john
son Report page "a
MR. o'coSoR's ARGUMENT.
Mr.. Charles O'Cunor OF New York then ad-
dressed the commission. He said:
Ms rnsHpisf ANp Gist'HstN o. mn CosHissioN will
not probably. b'cau-c a. may be said most certainly
sa, od al aaher,y wi ' ,ssc ndd ' ssi AZ n no% W
brought before this honorable comni.lo for It's in,cs
tt give absolute Insurance absolute assurance
can exi. in human tins- OF sound upright and ini'
>on which vii raoc,, c approulupn OF an iu,t
aud honorable men III, great occa,iCn which ha, gwen
att nuon@ c,er, enishicncd and oh-crins iad' ilul
u tie ci ililcd world I'm. commission Hci- under mat
ob-crNn'ion. The conclusion At which Al may arrive
must necessarily ra-- into history, and from The deeply
Wi asirast the attnion ct students and obseryars an
ntei, ynos, or any literary culture, long as
our country shall be Remembered. lor II shall not
ho supposed that u question here ever will arise 10
be deiennined IN manner at all similar TO
decacy and interest viii tend to oJsruc his Or cauSc
10 DC overlooked Tie selection Of mem r tor this
assumed 10 o sgI9 rT9snnSed &c a. =" e ga T. not nPs
lives aud similar selection OF similar indi, idunl, has
been made IN the senate thus presenting the entire gis
lauye Of our whole country TO The opser
,anon @ pr .cn and iuiure umes IN what YOU are here
70 io 70 thrn - adlsu = l.,ii,n iTn ths hifhrst
ani certainly tribunal equal IN majesty aud
mi, selection wa, evidently Urom the whole form ofpro
SsInr. iNais w9 an ~ % Int and nay be sad
oi perfect impar'aiy anh lnirn, =, whatever o purity
act 9 ne hih,, nglhouy TO eAples, the Will o. the
people g & 'ng .mS sa,G1 OF Amrrss ihs question, to
nre L,.H memler appointed 70 tnis ecmmission la:
he" Ii. e '' s y h, c a. To ' S S ' a 2 TSca
and t9e oomrrhension OF this class Of qucs
great writer and historian. ~ the highest Couri oi
Appeals In that country, a emlu,n case that iuris
Prudence the do dopalnent oi human Know ledge 10
Which our brethren o the United smes Of America had
chefy dev9lai themselves. and le one thing IN which
tn1y bad chiefly eNeelcd Us Win al th,- eemenis
dcntly be red tnt the result cannot be other than
sic a. dc great voice OF intelligent ludgmen, IN pres
with deep -nse o ny own inoapaciy To meet the ar
pmrnt of the great quo, ,un presented 10 Nuu but with
Tie confidence that detects Win be supplied bN the
learning ana Judgment OF the tribunal. proceed 10 lay
before your Honor. what may he said our part
sprCt 10 the Issue, uai have been iaisd iUf consideration
The questions IN shurt without repeating them in
Il, uil are, what poW,rs have been vested iu Ills
rnnmi scion Tor The purpose OF enabling N t. guid.
de determination The az uOn ol the political Hutolli,s ui
thi- country ON This question the counsel Opposite
sides stand IN direct conflict, and the issue formed
between ~ Is lhis We mainnin. representing what
are called tie Id,n electors that this tribunal has ll
Authority IN in,t -tlgao 10y all judicial und Il ,ai means
tie very act und thereby t. ascertain what the Nuc
Of Florida on the other hand, II Is claimed that this
barcd commission is restricted merely to dctrrinina-
uOn of what may 10 the Just inter- from the dno-
mcnts returned 4" the President oi the senate the
state oi FLORIDA, mainly repnsng themselves. how.
de iuctO, wlu.out right, but only the color
Oi IL The advocates OF the Hayes electors
claim hat ina muc a. he ~ Individual, cast their vote
when o-sea~'d Il o .nuc document which gave them
the color OF claim und Oi ri.ht To that uf e. amt
the performance VI that duty Tho tart that the, acted
this color and dil cast O their own motion, their
own I"r.Qnn Ni through their own rl1it Oi -rlecUu
votes which are sent hero tn tho ;iatr oi
Florida, completely prccludcs all inquiry And that IL Is
inn O,hle Tor any earthly tribunal diN dna 10 IN.
Nr.sAb into OF determine The inNHliS O their claims
TINS u c dhus h1 rust not Too narrowly stated gives
ri to the question, what are the powers o this commits
,ipni ThpHe poMcrs arr distinctly ant uly, and
the Electoral bill-dcsinod 10 the Immortal
honor n thO-c conoTriNd in it preparation,
H as into history with your act They arr Nprcsacd
IN lines X ami ~ O uie lOus bill tho same powcr.
any uVN ios~ ,-d tor that puTpn- by the two iinns',
aeuns paraWly or tso thor" You have thus and hi,