The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-14

therefore not In order.
The house thereupon proceeded to
discussion OF the objection to the de-
cision of the electoral commission.
MIR. McCrary addressed the house in
support of tie report of the commission.
lie held that the ruling of the commits
sion was abundantly supported by the
most cogent reasons, and that to have
ruled otherwise would have been to assert
jurisdiction to inquire into and overturn
the action OF all the states in the appoint
mcnt of their electors end to institute
proceedings in the nature of au action Of
gao ,corTdnto to try the title of every one
of the persons appointed as such. The
bill of 1900, drafted, reported and advo-
Gated by John Marshall, afterwards chief
justice of the United States, embodied the
the views Of that great consti-
tutional lawyer upon this ques-
ton. After providing for this
grand committee it defined their jurisdic-
ton in these words: "And the person
thus chosen shall act for joint commit
tee and shall have power to examine
into all disputes relative to election of
president and vice-president of United
States other than such as might relate to
number of votes by which the electors
may have been appointed" II judy
ment In an interior court In Florida, rem
dered Or the 9th of January, in an ac-
ton Of quo 'odrranto, could annul the
| vote of that state east on the 9th of De-
cember, IL followed that similar judy
ments in all the other states might be
certified to the president Of the senate
and must govern the court.
He wanted to know If by an er post
.tacto judgment in one state, one party
should secure an advantage, why by
similar movement in another state a cor
responding advantage might not be
sought for by another party and claimed
as the result of such a policy, then in
stead OF counting under the constitution
and law at the time prescribed it would
become necessary to count judgments in.
9uo wd'7unto rendered in various states
and enter into inquiry as to the regular
ity and conclusion of these judicial pro-
ceedings. There must be authority
and at some time to decide
who were appointed electors, and the
only safe or sound or constitutional |
-ule that could be found was
hat adopted by the COM
nittee, to-wit that the decision made
~ the proper state authority prior to the
ime fixed by the constitution and law |
Tor elccting president and vice-presi-
lent OF the United States was final and
not subject to be set aside by congress.
The power OF congress was to count, not
to reject the duly certified vote OF states.
Mr.. Tucker followed on the opposite
side. He said the members OF the COM
mission had taken an oath to render
Judgment according to the constitution
and law. The commission in passing on
the eligibility OF Humphreys had de-
clined TO pass on the question of the va
lidity of the vote of an incompetent cleo
tor; Did the commission mean to de-
eide that the inclisibility of an elector
was 10 have no effect on the validity.
The debate was continued by Messrs.
Banks and Frye in favor OF the report
of the commission, and Messrs. Springer
and iurd in opposition of his
vote. IT the state appointed an
ineligible elector was he notwithstanding
to be declared by the committee and by
the two houses to be competent elector,
and his vote to be valid vote? II so,
then the acts of the canvassing board Of
the state was valid and the constitution
Quod hoe was void. In regard to the main
question the decision of the commission
was to the effect that the only voice per-
mitted to speak tor state in the matt r
OF presidential election was the voice of
q canvassing board and of an executive,
and that the voice of the judiciary and
legislature must be hushed into silence.
lie contended that all the organism of a
state must speak its voice.
The debate closed at l:l5 and the
house proceeded to vote.
MIR. Hale's amendment was rejected ::
Yeas, o.; nays, l67, and Mr.. Fields
resolution adopted.
MIR. Walker, OF Virginia Democrat),
said he was one Of the Democrats who
had supported the electoral bill In good
faith, and he would say to the gentleman
from Indiana Carr that it would take
more than him and the few Democrats
who voted with him against that measure
to read the majority OF the house out of
the Democratic party.
Dir. Field said the decision Of this
tribunal as it had been made is entitled
to no respect. 1t is as untounded in
morals as it is unsound in law
and injurious and pernicious in
its consequences. The spectacle
OF successful villainy is corruptiny in
proportion to the extent of the tleater on
which II is enacted and the prize which
1t wins. Tae presidency OF the United
States has never yet been won by fraud.
ii 1T is won now the example will he
more Injurious to our good name, and
more corrupt to our people than all the
peculations, the robberies and frauds of
all our history.
III was then ordered that the clerk in
form the senate of the action N, ,bo