The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-06
YESTERDAYS PROCEEDINGS OF THE ELEcToRA
From Our Regular Correspondent

FROM Our Regular corresponding
WASHINGTON, D. c., February 5.-The
tribunal in secret session this afternoon de-
cided to meet tomorrow at II o'clock, and
to continue in executive session until the
decision is reached whether or not they will
90 behind the certificates. The Demo
Gratis are sanSuine that they have
made their case, that the tribunal will 60
to the returns, and, regardless Of the
certificate given the Hayes electors, will de-
termine whether they have been issued or
not in accordance with the will of the pco-
pie, or given fraudulently to consummate
the conspiracy Zach. Chandler inaugu-
rated on the Sth Of November. II the
decision is against the Republicans they
will take every occasion to delay the
proceedings of the tribunal in the hope that
no ultimate declaration can be made until
after the 18th OF March. The game then will
be to force the president pro tempore OF the
Senate into the presidency, and to have
new election, under the statute OF 1892.
This is the last ditch. In such contingent
CIV John Sherman is to be made president OF
the Senate.
Associated Press Reports By telegraph to the
,-.= ..,s- 10 Dispatch.l o..
In the course Of his argument before the
commission Dir. Evarts said the only trans
action OF choosing President begins by de-
posting in the Federal urn the certificates
of the election of electors. The next step
is the opening and counting Of the votes.
The Constitution and laws specify how the
electors shall be appointed, and when they
shall meet to cast their votes, but further it
does not 60. The moment their votes are
sealed and deposited with the proper Fede-
raj authority there is no power III State to
reverse it, change it, or corrupt 1t. The
State must act before the vote OF its
electors has been cast, or it is poTeriess.
He said the proposition to interpose judi
cia inquiry into purely political proceed
ing was a novel: one, and that no judicial
action had ever been interpreted except on
a TadadGma,S compelling the officer TO act.
No INJUNCTION OF court can intrude into
political act. The fathers.of the country as
early as 1900 incorporated into law the
principle that the Federal Government has
no right to ignore OF set aside the action
Of State in regard to the electtoa OF
electors. In their wisdom they drew the
line OE ucClal atlou very SiSaliy ohu pANtA.y
+. Mr.. Evarts concluded by saying that the
attempt to bring the Judges into the work
ings Of this scheme Of popular sovereignty
will make it intolerable, since the decision
Of the Judges will override and snpersede
the will of the people. 80
i. :, - -. MR.. CHARLES o'coNoR,
after an allusion, to the Importance OF this
case. the most important ever tried in the
United States, said the counsel for the Tilden
electors held directly the opposite, view to
that entertained by, the Republican counsel,
and that the commission had the right to
make. q full inquiry into the facts OF the
Florida electors. The opposing counsel
held that the Republican electors met in
accordance with law and cast their
votes and that it is not in the power
of any earthly tribunal to invaGdate their
action, ON this point he took issue with
them. He first considered the counting OF
the electoral vote. The proposition that
the power to count the votes is vested In
the president OF the Senate is palpabfy abb
surd, since he is precluded by the Constitu'
ton from counting such votes. He has nc
right to open the certificates until the two
houses meet in joint session Bis power IL
| simply clerical, and he cannot know what
| the packages contain until he opens them
| The duty OF The president ends with tht
opening Of the certificates. The counting
deyoiyes upon that body which is required
| to act on the result. The count must be re
Icognized blythe same body. III ~
Mr. o. Conor concluded by saying that h'
believed the, Tilden. electors had the bes
legal' right to lie recognized, while they nat