The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1877-02-09

deposited Win Tie proper FEEDER
1 al authority there is no power in
a State to reverse it, change it or
cOrruptit. The State must act
before the vote Of its Electors has
been.cast, or tits pOwerless.. He
said the proposition to intefp0se
a Judicial inquiry intOs a. pnfcly
political proceedingwa Was a novel
one, and that judieiaI action had
never been interposed except ON
a madamus compelling the OH
cers TO act. No Injunction Of a
court can inuude into political
action. The fathers of the coun-
TRY, as early as 1900, incorporated
into a law the principle of the
Federal Government has no right
to ignore or set aside the action
of a State in regard TO the cleo
ton of Electors. lntheir wisdom
they drew their line OF demarca-
ton very clearly and plainly.
Mr.. Eyarts concluded by saying
that the attempt to bring Judges
into the workings Of this scheme
of. popular sovereignty will make
it Noticeable, since the decision
ofthe Judge; will override and
supercede the will of the people.
Mr.. Charles O'COnor, after allu.
ding TO the Importance of this
case, the most important case ev
er tried in the United States, said;
The counsel for the Tilden Elec,
tors held directly the opposite
view to that entertained by the
Republican counsel, and that the
Commission had the right to make
a full inquiry into the facts OF the
Florida election. The opposing
counsel held that the Republican
Electors met in accordance with
law, and cast their votes, and that
it is not in hepowero of any earth
ly tribunal to invalidate their ac-
ton. On this point he took issue
with them.
He first considered the count
of the Electoral vote. The
proposition that the power to
count the votes is vested in the
President of the Senate is palpa-
bly, absurd, since he is precluded
by the Constitution from count
such votes" He has no right
to open the certificates until the
two Housesmeet in joint session.
power is simply clerical, and
he cannot know what the packa-
ges contain until he opens them.
The duty of the. President ends
with the opening Of the certif-
The counting devolves
upon that body which is required
10 act on'the result. The count
must be recognized by the same
body.
Nj. O'Conor concluded by say.
hg thathe believed the fIlden
Electors had the best legal right
o be recognized, While they had
he moral right is the common
consent Of all mankind, and be of
,osterity. No honest man, capa-
lie Of Blushing, could possibly
ook another in'the face and assert
hat the Hayes Electors in Flori- I
Ia were elected! He submitted I
hat the Commission should re- !
Give as evidence in the case the
estimOny taken by the Congress .
ionA Investigating Committee. {
1t is understood that the Com !
Mission meets tomorrow to con !
ider what evidence, fany, is be- {
ore it, and to consider its pewers L
nd duties i'll the case, prelimina- !
y to hearing final argument.
The Commission, before adj
announced that there t
-ould be no public session to- I
borrow, as the dly would be oc- |
lpied in consultation. r
Messrs. O'Oonor and Merrick d
ave charged of the Florida case, +
rumbuH and Carpenter of that t
{ Louisiana, and Merrick and v
'oodley Of Oregon. 10