The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-09

OF q finished transaction Of State, you
have determined as by double decision
that it shall not be invaded, disparaged
or exposed to any question by q mere
certificate which is its own agent and
suthor-s volunteer IN disturbance. in
counting the votes.
Mr.. Merrick closed the argument on
the Democratic side. He stated the bur.
den of proof rested on the other side, to
show that at the time of casting the elec.
toral vote, Mr.. Humphrey did not hold
Office. He argued that until the resig
nation was accepted by the power tina,
conferred the Office, snd that fact sp
peared on record, he must be held to be
still occupy ing the office.
Representative Hosr put the case o.
an office holder being elected to the Sen
ate, and asked whether, if his recogni
tian of the office was not accepted, he
was thereby TO be kept from his sest2
Mr.. Merrick replied that the fact o.
his being admitted to his seat in the
Senate would be discharge from the
Office which he had held, provided he hsd
prior to that time rendered his resigna
ton.
Mr.. Hear inquired whether the same
rule would not apply in the case of AT
elector rs we'll IS in the case OF Sen
ator?
Mr.. Merrlck replied that in the case
of 4 Senator the disability would be only
personal, while IN that of an elector
IL was lmpersonal. In other words. u
state was positively forbidden to appoint
an office holder as an elector. Ii was u
limitation upon the power of state, and
not q personal disability Of the man.
Representative Abbott-You also
claim that even if the acceptance of the
resignation was not necessary, the resig-
nation Itself must be made to the court
Mr.. Merrlck-Unquestionsbly the res
ignation must be made to the power that
gave the appointment. Suppose Humph-
reys had resigned to clerk OF the court,
addressing private letter to the clerk
at Newark, o., would that be sufficient?
Presiding Justice-But il he sent it to
the judge and the judge directed it to be
fled
Mr. Merrick II that is done while the
court is in session then it is al act of the
court.
Mr.. Gsrfeld-Do you hold that in case
Of u long vacation or in case of the court
being abolished by law or in the case OF
the death of the judge who gave the ap.
pointment, this officer never could have
resigned.
Mr.. Merrick. Il should have referred
that case to one OF the returning boards
in the South. hardly know Whist re.
ply to make.
Mr. Gartield.-l understand your po-
sition to bo be that he could not resign
except while the court Was in session.
Mr.. Merrick.-l presume that death
and extinction of Office and abolition of a
government and wiping out Of nation,
make exceptions to all principles Of law
and justice.
Mr.. Miller You say that the distic-
tlon between man who accepts the office
o, Senator and man who accepts the
office OF Eiector, is that in one case the
objection goes to the power OF the State,
and in the other case 1t does
not. What is the difference in
the question of the,power of the State2
Mr.. Merrick In one case the
prohibition Is tina, no person shall
be Representative or Senator,
who has not attained GER
tam age. In the other case that no per-
son shall be appointed electOr who
holds An office OF trust or profit. When
ever there Is power given TO do an act
it is the donee OF the power that can only
exercise it according TO the precise re-
strlctions and limitations OF the donation.
Mr.. Merrick then passed on TO the
question OF the riva. certificates, and
WAS arguing in favor of the Legitimacy
of the second and third certiilcates--tne
Tilden certificates.
Mr.. Thurman-Suppose the Tilden
electors had not voted ut ali, would il
be competent 10 show by subsequent
State proceedings that the Hayes cleo
tors who did vote had no tile That Is
the real question.
Mr.. Merrick-Most unqucstIonsb bly, {;
the State cannot have her voice simu-
lated, whether her real voice is
spoken or not. 1t appears that on
this occasion the true voice of the State
was spoken, but il It had not
been, there could have been no more
power and vigor in the simulated tone
OF her voice TO reach the cOuEclis OF the
Federal Government than there is when
these simulsted tones come bringing
along with them those of the true senti-
ment of ner people. The State is not 10
be deceived, defrauded and cheated. She
might, prior 10 the time that this cleo
toral vote WAS cast have instituted her
quo i0drrGHtO, standing in her own trI-
bunals, clothed with the majesty OF her
executive power, aad appealing 10 her
judicial authority, and asked these men,
by what warrant do you presume 10 ex.
erciss the power of this State? and so
standing she could have stripped from
them the government they had stolen,
stripped from their shoulders her livery
which they had stolen--to serve the
devil in. Mr.. Merrlck then quoted q
number OF authorities from the Supreme
Court, showing thst the uniform rule was
for that court to follow stGie decisions on
the subject OF the local laws of the State,
and commented on some Of Judge
B-adlry's opinions 20 that effect. Mr..
Merrick claimed in coDclu.ion that the
record ot quo ioGrraHto proceedings was
before the Commission, II not a. evidence
nj leas. ss showing the law Of the State
OF Florida, and that II informed the
Commission thst according 10 the law Of
Florida the Hayes electors were Lot ap-
pointed snd that the Tilden electors
were.
Adjourned til loan.
Senator Cameron sued for Breach Of