The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-09

NASNuhSiuH vi Lnut SUBJECT aunCnlleu LOT.
In the papers laid before the two Houses
there was but one allnsion 10 these pro.
ceedings in quo warranto, and that was
in the certificate Of Governor Drew.
These proceedings were not before the
Commission, and could not be. brought
here by mn allusion in the Governor 3
message. He submitted the proposition
that all acts in relation 10 the accom-.
plishment Of certain act must antici.
pate the act Itself, and on this proposition
every act that follows the electoral vote
was excluded. lie COntended that the
power Of n seat was limited to appoint.
ment, and no act pertaining to The up.
pointment could be had after the appoint
ment had been made and the Office has
passed away.
Mr.. Thurman asked, supposing the
case be "a stated, would there be action
looking to an inquiry whether any ap.
pOintment was made.
Mr.. Shillabarger said that when all
that could be done by the State had been
done according 10 the requirements of
the law Of the State existing on the day
Of the election. the power OF the State
passed away and it became thereafter n
re'IerHl 'rII. me power OF 'he stale
w'S on ihat uny forever ehueu' lie con-
ceueu mat y wa' IN The power oil the
n'ale 70 iry Dy her own machinery, the
power Of her Electors, but scrutiny must
be made prior to the discharge OF the
functions OF Office. Machinery TO contest
Ihe election Gller lne ONCE had passed
away Woulu DC IN SOsnruitY'
Mr.; EVar'S closed The argument on The
hepuDlican sue lie sad The Commis.
sion mas DECIDED that IN one particular
y VII! Ieceiye the evidence touching the
eiiSiOllily oil one oi the FLORIDA electors,
humPhreySl' MI: EVarIs went on to argue
.het the. .eVldence IN regard TO Humphreys
hoiuins an ounce, lell short oil showing
that ne was ~ oilIce at tNe time oil casting
Inc electoral vote, and that the burden
oil proving H. rested on the side that
nlaae lIe onJectloh. was IL, he asked, TO
nc pretended lhal under the law there was
any power 10 hOId the occupant ol Il
clVll oElCe to the performance ol lis du'
ties a moment beyond his%ill? The au-
ihorities, he said, were clear as to the
right Of citizen to resign an oilice, even
without his resignation being accepted.
All that was necessary was to make
public vacation of the office. The sub.
ject being rejected from further consider
alton understand that there is no mat
ter left but for the execution, by this
commission, OF the duty accorded 10 il by
the act OF Congress under which il is. or
gNnized-to determine out Of the ina.
terial Of these three certificates what and
how many'voles are to be counted for the
State OF Florida. Mr.. Evarts went on TO
argue against the second and third GER
tilicate. What, said he, are the prodi-
gious claims here that by Florida State
court the complete vote is te be retrieved,
and reversed, and that when Judge Of
n State court has so decided, the Supreme
Court Of the United States must make a
low obeisance to Mr.. Judge White. and
say that is the end of the law that is the
Iiat of the State. Well, suppose we do
succeed in counting President in, and
suppose that quo warranto is started
to prove that the President in his seat
should be dislodgcd because some Of the
votes counted for him were not cast by
de iure electors, then il is proposed that
this decision OF the State court il the
be all and the end all OF this inquiry.
What sort Of a government, rhat SORT Of al
ffe.s'dc"cN rrhGt sort Of munimcat and pro-
tectlon, q regularity and ptrmancncc Of Gu.
mority under Me constitution, are proUided BY
a scheme o. perpetual four years dependency
on a quo lrdrrdnto N he STATE Of Neuddd
or The STATE Of Florida? You must never
lose sight oil The matter. that you are to
advise what votes and how many shall
be counted ny the Two Houses, and when
you have determined that extraneous
evidence shal! not invade the regularity
oil the finished transaction Of State, you
nave Ietermined as by double, the decl-
sion mat 1t snail not be invaded, dis
paraged or exposed TO any question by
a mere ecTHecae, which Is It's own agent
ana a9tnor-a volunteer III the disturb
ance IN the counting oi the votes.
MI' I'MerrlcK closed the argument on
inc democratic SIDE lie stated that the
burden OF Tue PROOF rested with the Other
sue 70 snow that al me time OF casting
the electoral vote humphreys did not
mold olllce. lie argued that until the
resignation was accepted by the power
Ihnt conferred Inc oIlce' anu that TACT
appeared on record, ne must be held TO
De SUI occupying the olllce.
,hiepresehtStive Hoar put theclse otan
ounce holGer being elected to the Senate,
anu asked whether, IL hls resignation of
inc oiilce were not accepted, he was there
ny to De Kept from his seat.
Mr. MerrIck replied, That the TACT OF
MS pelnS admitted TO his seat in the SEN
aye would De discharge from the olice
which he had held, provided he had prior
to that time rendered his resignation.
Mr.. ho9r inquired whether the same
rule would not apply in the case OF an
l:Iector rs well ns in the case Of u Sena-
Tor?
Mr. MerrIcK replied that IN the case OF
Senator me disability would be only
PERSONAL while IN that ol an Elector it
was lmpcrsonal' In other words, the
state was positively forbidden TO appoint
an olheeholder as Elector. II was limi'
lalion upGn, the power ot a Stale, and not
personal disability OF the man.
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