Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-16
The Commission.
CONCLUSION OF THE ARGU.
MENTS.
A SECRET SESSION TO BE HELD
TODAY.
THE VOTE TO BE TAKEN AT -FOUR
O'CLOCK.

WASHINGTON, February ID. The electoral
commission met at lois A NJ, and Evarts con-
tnued his argument on the republican side.
lie conenaed that the right TO cast its votes was
reserved IN the state and was not grant from the
general government, and whatever power the fed
etai government possessed it held through the
terms OF the federal constitution. The ninth and
tenth articles Of amendments reserved in terms to
the states all the rights to cast votes which were
not specially delegated. The whole matter of Sc
Letting the electors determining the mode. and is
SUING the certificates belonged to the state. 1t
was the tight Of the federal government to con Mt
the votes after they left the state as in the Flor
da case, so here. This body had the power of the
two houses to count the vote. The power is grant
ed to these two bodies, by the constitution but
not the power of legislation.
He proceeded TO consider the power that was
possessed by the Commission, and charged that
the other side had changed its position, holding
in the Florida case that it had judicial authority
to institute quo warranto proceedings and now
declaring that it was not judicial body its duties
were said TO be legislative.
lie contended that power vested n that body
was such as existed in the two Houses for the
performance of a specified duty to count the elect
oral vote, but not vote for electors, for the two
Houses did not pc. sess that power. In regard to
the lnelgbly of Brewster and Levsse, he said
that the statute prescribed that they should be
waited for and if they did not appear until 4
o'clock, the vacancies to be filed by the re-
naming electors. These gentlemen did not ap-
pear and the vacancy was declared filed by the
selection OF these same men. Is was it is stated
TO b II the vacancy that their title to office of elect
ors was to be Judged There was nothing in the
offers of proof on the other side that detracted
from the right of governor to certify on election
lie felt relieved of any necessity to prove that
Kellogg was deiacto Governor, for in their first
proposition the other side offers to prove that
through the months OF October and December
there was, he said, no proof that Brewster and
Levisse were not qualified to receive an election
on the 9th Of December. 1t was also among
their offers to prove that the Kellogg certificate
was by deiacto Governor of the State, and this
certificate shows for whom votes were legally
cast
Mr.. Evarts argued against the authority of
Congress to interfere in the affairs of State and
said our forefathers were so jealous of Federal
power that they would not permit they introduc-
of Federal finger in States elections, and forbi id
the election of Federal officers, but now it was
sought to thrust the thickness of mans lons up.
on power of State by an inquiry through this
commission into the election of a State.
lie denounced it monstrous proposition
that Congress should sift and sift discord dis
count and destroy an election in State. Their
position in the Florida case was unchanged.
In absence of necessary leg islation there could
not be revision OF the court.
lie took up the claim of the McEnery electors
and said that acting without color or show of su-
thoritv, neither McEnery nor the electo 3 having
been indicted into office, their action wholly
void.
In support Of this proposition he cited numer-
Gus authorities. On the other hand suppose
Brewster and Levisse had been ineligible, there
was color and show of authority, and the state
was not to be deprived Of an act which it approx
ed, by an objection raised at the moment OF count
ing the vote.
In reply to the argument of Mr.. Trumbull, that
Brewster and Levesse were Ineligible but six
electors elected and hence there were no vacancies
in the other two cases. Evsrts contended that Of
flee must be filed there must be a vacancy.
There could be no such thing as vacancy. The
Office was not vacant.
As to federal disqualification, there was no evil
dence offered that touched the point, and if there
was it would be inadmissiblc as to the state dis
qualification. lie argued that an elector was not
an officer, but that term applied in like manner
primary application of word elector to vote of the
polls.
Mr.. Evarts said he had no desire to appeal to
partisapship lie desired to present his an
American citizan. He wanted wrongs in Louis
lana that had so long been perpetrated remedied
by law. He wildly pictured the condition of af-
fairs in that state, and said that it not state
Of affairs to be smiled at. An attempt was made
by putting into the constitution provision for sup
port of good government, and legislature under
took to carry out provisions, there was one limit,
and that was that the means should be adequate,
appropriate and seasonable. 1t was by smeans
adopted that the state was saved from civil strife
and anarchy.
lie contended that decision in the Florida case
not to inquire whether the returning board acted
without Jurisdiction, covered every every point in
the present case.
Mr.. Thurman said 1t might be that a majority
Of the commission had thought the law of FioriJa
authorized the board to do what was done, which
might not be the case in Louisiana.
Mr.. Evarts said that he could not know that,
but he was following the argument of Mr. OCon-
nor in that case. Mr.. O'Connor had not denied
that if inquiry was extended to the act of the re
turning board, ii could 90 to every precinct and
poll. But it was found that the commission was
getting too far to seat could swim ashore,
drowning whichever candidate the depth of water
at that point was against. If work could not not
be thoroughly done it had better be left undone.
Suppose it had been provided that the govern =
or WAS the person to cast electoral vote of the
state, would the commission inquire into the mode
by which that governor was elected Would it
stop to inquire whether he was a party TO con
spiracy to deprive people of their votes Ger
tainly not. 1t would be enough to know that he
was de fscto governor Of the state aud the same
rule applied here.
Mr.. Evarts closed with an earnest defence Of
the blacks of Louisiana, saying it was proposed TO
make them victims Of the constitution. for the
constitution gave them the gift of suffrage, and
they were now to be slaughtered for having it in
their possession.
Mr.. Evalts closed at 10 p. NJ. having occupied
all the time to that side, and motion of Senator
Thurman, the commission took recess till Las
F. NJ.
After the recess Judge Clifford read the resoln-
ton Of the senate granting use of its chamber sf-
ter the senate had taken recess, but no action
was taken regarding ii.
He then announced that the republican side had
consumed its time, and that two and half hours
remained to the other side.
Judge Campbell then proceeded to close for the
defence.
The electoral commission after the close Of the
public session this afternoon, had short private
conference and decided not to hold private SEES
sion tonight as was anticipated, and adjourned to
ten o'clock tomorrow morning, with the under
standing that the vote on the pending questions
with regard to the admssbiy ofevidence in the
Louisiana case as proposed by the democrats shall
be taxed at four O'Clock tomorrow afternoon, aud
that counsel be notified accordingly.
1t i; conectured that after the announcement Of
the decision, additional time will be given tC
counsel for further argument, notwithstan nd ing
the limitation of six and one half hours already
given to counsel on each side has been fully eX
haus'Cd
souFHNMERICA.
The Coffee Market.