The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1877-02-09

against the power of the commission
to constitute itself a national returning
board, go behind the returns, and
overturn the electoral vote Of a State when
cast In accordance with the constitution and
laws of that State At the close Of the argu-
ments Justice Clifford inquired whether the
COUNSEL proposed to offer evidence before pro-
ceeding to the final argument OF the case. 1t
was replied in behalf OF the Democrats that
they expected to offer evidence. Mr.. Evarts,
for the Republicans, said they had none 10
OFFER, unless 1t shall be decided that evidence
shall be admitted. Adjourned.
SATURDAY, Feb. 3.-The day was devoted to
hearing arguments of counsel upon the power
OF the court to go behind the returns from
Florida, the Tlden lawyers taking the az
firmative, OF course. Mr.. Merrick opened the
argument, maintaining that the commission
had the power to 60 behind the returns
and take evidence rs to frauds in the cleo
ton. He was followed by Judge Mat
thews, of counsel for Hayes. He said that
the election of President is not popular
election, according to the constitution, and
that 1t Is mistake to suppose that electoral
bodies are delegates representing the State, or
the people Of the State, ~ agents to accom-.
plsh their will. When the electors completed
their work by casting their votes, then the
transaction passed beyond the limits OF State
control and it became Federal act, one OF
|
of Federal power. The body Of electors
which has an apparent right and title
and which Is In exercise and posses
zion of the functions ard franchise OF
an Office and actually exercise the powers OF
the office, Is, for the purposes OF this tribunal,
the lawful body to cast the vote, and their
votes must bs counted Judge Black followed
in behalf Of the Democrats. He said there
had been much talk here about going behind
tho action OF State. He believed firmly in
the sovereign power OF q State to appoint any
person an elector, provided it was done In the
manner prescribed by her Legislature and
he believed after the appointment was made
in that manner no man had the right to go be-
hind 1t and say it was not an appointment fit
TO be made. Anybody, whether an officer OF
the State or an officer Of the General Govern
ment who undertook to set aside such an
appointment as that would be guilty Of usurps-
tion OF authority and his act would be utterly
void. Therefore, If the Governor of
Florida in this case after the appoint
ment Of these electors was made by the
people, undertook to certify that they were
not elected, and to put somebody else in their
place. that act was utterly void, false, and
fraudulent. They were not going behind the
act Of the State in this case. They were only
going bshind the fraudulent act Of an officer
| of the State whose act had no validity what
ever in it, Mr.. L. w. Stoughton, of counsel
for the Republicans. argued that the court
had no power to go behind che returns, after
which the commission adjourned.
MONDAY, Feb 5.-The entire public session
OF the court was occupied in hearing speechss
by Messrs. Evarts and O'Conor, which closed
the arguments OF counsel upon the question OF
the power Of the commission to go behind the
returns. At the COZ clusion of Mr.. O'Conor's
address the court went into secret session FOL
the purpose Of consultation.
| TUESDAY Feb. 6,-The Commission was in
secret session the whole day, debating the
question of the admissibility of evidence in
the Florida case.