Mexico weekly ledger., 1877-02-15

attendance Of witnesses, or the production of
written or documentary testimony, may De
shall be served and executed by the Marsha! OF
the Commission, or his deputies. Deposltlons
hereafter taken for use before the Commission
shall be sufficiently authenticated, II taken De-
fore any Commissioner of the Circuit Courts OF
the United States, or any clerk or deputy CLERK
of any Court of the United STATES.
Rule 6. Admission to public sittlngs OF the
Commission shall be regulated in such a manner
as the President of the Commission shall dlrect.
Rule 7. The Commission Will SIT, unless 0tner.
wise ordered, in the room OF the Supreme Court
of the United States; and with open doors Tex
cepting when in consultation) unless otherwise
directed.
FEB. 2.-The Electoral Commission met
at 10 80 a. M, and Mr.. Field opened the argu-
ment as an objector in the case OF Florida, and
argued in favor of going behind the face Of the
returns, on the ground that if this could not be
done the American people would be in the posi-
ton of standing pewerless in the face of gigantic
fraud. He was followed by representative
Tucker, another of the DIRECTORS on the same
side of the case. At the conclusion ofMr. Tuck
er's argument the Commission took q recess I'M
til 3. After the recess Mr.. Kasson addressed
the Commission, arguing that the certificate pre-
sented by the Republican Electors was the only
one having any constitutional and legal validity.
He referred briefly to certain alleged frauds on
the part of the Democrats at various polls in the
State, but argued at length against the power Of
the Commission to go behind the returns. He
was followed by Mr.. McCrary on the same side,
who cited numerous legal authorities t. sustain
his position. The question of admitting evil
dence before the Commission then came up, and
its decision was left open until the next session.
FEB. 3.-After some discussion as to a
mode of procedure, Mr.. O'Conor, of the Demo-
cratic counsel, addressed the Commission, urg-
ing that evidence should be admitted subject to
the question of its relevancy and the effect to
be considered with the whole case. He then
submitted his proposition of evidence. Mr..
Evarts then spoke in opposition to the introduce
ton of evidence, mainly on the ground that, If
admitted, it would be necessary to go to the
fundamental facts in the election. He was re
piled to by MIR. Black. A motion was then
adopted, that counsel on either side be allowed
two hours TO discuss the question as to what evil
dence might be admitted and also what evidence
was now before the Commission. The COMMITS
sion adjourned till Monday.
FEB. 5.-Mr. Evarts, OF Republican c0un-
sci, opened the argument to. day in the Florida
case, opposing the theory of the Democratic
counsel that the Commission ought to receive
evidence other than that which had been laid be-
fore the two houses of Congress by the presiding
officer of the Senate, and wkich had been refer
red to the Electoral Commission. He charged
that the Democratic counsel wanted to Introduce
eXtraneOus evidence to how every step taken in
the election itself, but not to prove that GOV.
Stearns's action was not based on the returns as
received by him from the regular cOuRt of the
Canvassing Boar S. In this connection he said ::
"NOW, what are We to gather in respect to the
stage of this transaction which the deposit OF the
Federal vote Tor PRESIDENT Dg the CudllueU
Electors shows: 1t is their own vote. tn Y are
not delegates to make Il vote according to the in
structiOns of their State. They are not depu-
tized to perform the Will Of any body. They are
voters who exercise free choice and authority TO
vote or refrain from yotIng-Of course neGlecting
a duty-and to vote for whom they please, and
from the moment their vote IS sealed and for
warded toward the seat of Government M power
in the State can touch it, arrest it, reverse it,
corrupt it, retract it-nothing is to be done eX-
Cept count it, and count it as it was deposited. :"
Referring to the third objection presented against
Florida, that of the ineli@ibility of HUMPHREYS,
the Hayes Eiector, Mr.. Evarts read his testl-
mony showing that he resigned as United States
shipping Commissioner some time before the
election. Mr.. EvartS then maintained that there
was no law of congress which provided for TAX
ing proof OF any acts OF Electors, and that there
was no other process OF counting the vote except
that provided under the Constitution. BY go
,ne behind the returns. as suggested in the case
of Florida, he maintained that Congress would
be exercising plenary Judicial powers which the
Constitution OF the United States does not con-
Ger upon that body. Such power only rested in
the supreme Court, anu { OngrcsS could not del
eGate any judicial power to any OF its members,
"r TO any one else, unless specially warranted
bv the Constitution. Mr.. O'Conor. of Demo
cratic counsel, then replied to MIR. Evarts. He
maintained that the Commission has full uthor-
ity to investigate by all judicial and legal means
the very fact and thereby ascertain what was the
vote of Florida. Referring to the powers with
which the Commission is clothed, he said:
''1h0sc powers are distinctly, and fully, and
briefly expressed in this admirable document,
the Electoral bill, destined, to the immortal
honor of those concerned in its preparation, to
pass into history with y"ur act. They are PN-
pressed III lines IS and - of the House bin The
same powers If any how possessed for that pGr-
pose by the two houses acting separately or to-
gether.' You have thus-and this is the test
all the powers of those two houses which could
possibly exist under the law AS fixed in the Con-
%stitution and in pre- eXi5tIng statutes for tile pur-
pose of your determination" AS to th- power
of the two houses under existing laws, he said
that there is no technical limit or barrier to it,
and consequently the Commission may exercise
the supreme high power of the Government that
has ali along been exercised in such questions.
ave are told that there is no remedy; that
Congress must sit by blindly and silently. and
permit an alien to be counted into Office as
President of the United States; must sit
by and permit 4 set of votes plainly
and palpably traudulent-given by individuals
not only di qualified for want of having been
chosen by citizens, but being themselves abso-
lutely disqualified by the Constitution from act
ing in office, orfrom casting a vote-to be count
Ell, and must permit the usurpati0n contemplate
ed to take place erely because our wise fathers
Zone would think that compliment was intended
asa sarcasmD had so chosen TO constitute the
Government which they created that an injuS-
tiCe, however llagitious, might be perpe rated in
open day without the possibility Of having a
remedy or even uttering decorously a complaint.
This, we humbly submit, can not be the Consti-
tuition and the law. Reason f0rbids it. All acts,
however solemn, however sacred, from what
ever quarter coming, by whstever body perpe-
trated. are liable To review in some manner, in
some judicial or other tribunal, so that fraud
and falsehood may shrink abashett and defeat
VII, anu may an II Vic altSliiII " LidlEDit On
right" Mr.. O'Conor then took up the case OF
the Florida election and argued in favor of the
legality OF the Tilden Electors. After some
citation of law points by counsel on
both sides. the Presiding Justice announced that
the commission would take q recess for three
quarters of an hour, and that no other matters
would be taken up to-day in public session. At
ter recess, the commission remained in secret
session about twenty minutes, and after author
izing the announcement that there would be no
public session Tomorrow, adjourned to meet at
noon Tomorrow for consultation.
FEB. 6.-The Electoral Commission was
in secret session all day, considering the qucs.
tions submitted.
Feb. THE following is q minute of the
official record of the Commission: On motion of
Justice Miller, it was ordered that no evidence
will be received or considered by the Commits
sion which was not submitted to the Joint Con-
v%ention of the two houses by the President of
Senate, with the different certificates, except
such as relates to the eligibility of F, G. Hum
preys. one of the Electors. The vote is as fol
lows:
TEAS.
Bradley. Garfield, Morton,
EdmundS. HOar, StrOng-S.