The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-07


to vote or refrain from
voting. From the moment the vote
Is sent forward no power In the state can
touch it, arrest 1t, reverse 1t, corrupt it,
retract 1t /; nothing is to be done except
count it and count it az it was deposited
Those electors at the present election.
three hundred and sixty mine citizens in
are dependent upon the action
of the states. II the state does not, there
are no qualified electors. II the state
does act, in what ever is the "be all" and
the lend all'' OF the states action up to
the time that the vote is cast, is the "be
all" and the lend ALL of the qualification
OF the elector. lie is then qualified
elector, depositing his vote to accom-
plish purpose, and that vote is to be
counted when the votes are collected.
Now it is an absolutely unknown in the
states, unknown in the nation,
that judicial inquiries can be
interposcd to stop political action
that leads to filling magistracy.
Filling it is the exerci Sc of political right,
you do not step with judicial investiga.
ton into a ballOt-box upon the sugges.
ton it has been stuffed and stop the cleo
ton until that quo 'oa,ranto is finished,
and then when you get to the first can
vases stop this count from going on be-
cause il is false count and have the
court decide SO with the county CANVASS.
ers. Stop their transaction In rapid pro-
gress to the result aimed at, to-wit the
filling of office, with a quo ,oa,ranto there
and then in the state canvass, and then
here it is an absolute novelty. The nov
city of the situation produces strange re-
suits. Never. before has there been re-
tardation of the political transaction of
an election, and to accomplish
that almost q miracle has been needed,
for sun and moon have been made to
stand still much longer than they were
for Joshua in his conflict in Judea.
CHARLES o'CoNoR's AGENT.
SudTlcS " SOIlOT IOllOWcu Al LNdTts.
Mr.. President and Gentlemen Of the Commits
sion:
In reference to the question what ele-
ments OF inquiry are within the reach of
this commission the counsel on opposite
sides stands in direct conflict and the
issue formed between us is this: TO
maintain a. representing what are called
the Tilden electors, that this tribunal has
tull authority to investigate by all judicial
md loyal means the very fact. and
hereby to ascertain what was the vote of
florida. On the other hand 1t is claimed
nat this learned commission Is restricted
merely to the determination OF what may
)e the Just inference from the documents
'eturned to the president of the senate
rom Florida, mainly repOsing them
selves, however, on the proposition
that they are officers de tacto without the
right, but only the color Of 1t. The ad-
vocates of the Hayes electors claim that
inasmuch as these individuals cast their
vote when possessed OF some document
which grve to them the color OF claim,
and of right to that Office and to the per-
Torrance OF that duty, the fact that they
acted on this color, and did cast votes
which are sent here as the votes of Flo
rida, completely precludes an inquiry.
and that 1t is impossible for any earthly
tribunal or any individual to investigate
into or determine the validity of their
claim. This issue, thus, as trust, not
too narrowly stated. gives rise to the
question "what are the powers
ers are distinctly and fully ant
briefly expressed in this admirable dsc,l
ment, the electoral bill, destined to b.
the immortal honor Of those concerne,
in the preparation, to pass into history
with your act. They are expressed IL
lines seventy-eight and seyenty-nine o
the house bill. The same powers, if any
now possessed tor that purpose by til,
two houses acting separately or togethe
you have thus. And this Is the test
All the powers of those two house
which could possibly exist under tn,
law as fixed in the constitution and il
pre-exlsting statutes for the purpose o
your determination, and this brings IL
to the question what powers are pos
sessed by the two houses separately o
together in dealing with the whole O
this question touching the election as |
&rises on the facts which exist
or which may exist, and may b,
proven. When we come to tn,
prescription that there shall be coun
we are not told that there shall be coun
of all the certificates or OF the certificates
or of anything in the certificates, blu
there shall be count OF the votes. Thil
humbly submit introduces an implica
ton that somehow or by somebody iron
this mass produced and physically lait
before the houses, there will be any in
vestigation which the nature of the case
may seem to require. In order to deter.
mine what are votes there is a prelimi
nary inquiry, and whether you denomi
nate it judicial or ministerial or execi
tive. it is to be an inquiry and power tO
institute or carry on. Inquiry is neither
granted In terms nor provided with any
possible means OF exercise so far as thu
president Of the senate is concerned, an(
Is left to the implication that 1t Is u
be exercised by those who may
have occasion to act officially on the re
suit. Now who are they who are TO &C
officially? The constitution is plain; tn,
votes, meaning of course the legal votes
are to be counted. The court is tn,
merest of idle ministerial ceremonies il
itself, but the ascertalnment Of wha
votes there presented as claimants are I,
be recognized in the selection of presi
dent and yice-president necessarily de
wolves upon that body OF iunctionary
which IS obliged to act upon that which
is produced as the result by the count
Now, unquestioDably the first and pri
mary duty oil each of the houses, IL Their
IL plain count, showing the election O
person to the presidency, and OF an
other person to the vice-presldency, is {,
recognize that coordinate department
Of the government, the executive. Al
the world may count, no morta
man can doubt about the count, blu
the world is not called upon TO act il
relation to the count until that count
has been recognized by somebody ant