The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-09


This was the caso OF u failure 70 elect, and IT
would have g ~ shown iir; The Sirtc oi rlorina
had taken advantage ol that provision ofsection
1A or else that single vote wns lost. The in
hibtion Of the Constitution being pcromptOry,
the vote of tho State would necessarily be lost II
i was not for the provision of section 1884, except
The election Of a disqualified candidate ia posi-.
S Mint %tn S c pSoS Ss sry Sy Of %fss S esu and
tutional provision. had Congress provided that
in cisr OF a election in any state. the Logis-
dciccti II tho State Of Florida did not iaRS ad.
vantage OF the remedy it was her own fault
MR.. AsHpEL GREEN'S ARGUMENT.
=, Mr.. Ashbcl Green of Now jersey followed on
the Same ,T side: adding TO Mr. l!I9adlcy's argu-
phrsys being an oiieS 10 Ec filled by the Court.
self; that the so;callcd .ter OF resignation sent
TO Judge Woods failed TO pniorrm the office
record Of the Court or received some official
recognition from the Court itself. and that u
cert llca,e had bcen received from the Clerk Of
the Court that up TO u recent period, certainly
subsequently to tho time when Humphreys
acted ~ Eloctor. his resignation had not reached
tho other branch of the inquiry. whether tho
Democratic electors wore not duly elected, and
whether their certificate WIS not legally authan-
ti'ated. lie argued IN the Affirmative of those
points He declared that the commission had
before II such ovidence as must carry con
State Of Florida has hold and determined on
quo rGrTdtO proceedings. not merely ae mat
ter Of law. but as matter of fact. that the Tilden
electors wcrc entitled To the office against tho
Hays electors. nnd all the world besides That
Court had also determined that the acton of the
STATE Board Of Canvnsscrs in November lust. 10y
which the Hayes electors claimed to have been
riGhtiully elected, ,was unauthorzcd, illegal.
and void He held that II WIS tho duty OF the
court. 10 consider as binding ana con-
BY by state courts To- to state '' sttSies sand and
that therefore this decision by tho highest
ton. In addition 70 this the commission had
before II tho certificate OF the Governor of
Florida and u tabulatcd statement. showing
electors. Thus. the Executive had spoken.
the third certincate the Legislature had spoken.
| all in the same unmistakeable notes. On Janu-
ary q. 1871. the Legislature passed an act rest
of the Secretary OF State. the Tildcn electors
werc. chosen in the manner required by law.
law defining their powers aud duties IN sucn q
manncra as TO ivethcm power TO exclude certain
| turns. which Interpretation had been adudged
| by the supreme Court to he erroneous and
illegal: that Gov. Stcarns. misled and deceived
| by such erroneous action OF the Board Of Can
vas-"rs, had erroncQusly caused to hc made
and certified lists of Hayes elotors when in fact
such persons had not received the hghNst
in section one. that the TilaQn cleo
! tors were duly appointed and authorized
to act. and in section =. authorizing the Gov
crnor to certify the lists Of the Tildcn electors
and authorizing the lnttor to meet at Taahns-
sec and to RiN" an additional certificate uf tho
votes which had h"on east by them OF The 9TH Of
| December. and send II to the Pr,eid, mt of the
| sion had IN tins return No. =, all the branches
| OF the Government ot Florida speaking; with
unanimous AMI unlt'l volcra in tho snti" tome
| ana c,ftiiy NIX 10 the same iai VIII "a was the
| question before the tribunal for decision. Ilr
then proceeded to meet and reply 70 the olicc-
tion made 70 return No; :. because il had not ar
| rived ut tho seat of Government within the
time prescribed. and he argued that in
t9sa esmcn mater wss was r%sy mot Ga'cp,@ %n1
time prior TO tbs counting OF the votes.
Such acts OF public officers. II not done within
The tine prescribed by lazy. did not thereby be-
| remained not only capable of being done. hut
tho duty Of public Officers TO do them subs sisted
in full ygor and obligation. and the right TO
! vricd 10y the very reason that the time limited
10y law had passed. lie quoted ,precedcnts in
| Florida Legislature OF Jan. II. 1877. simply al
/ lowed "A plcce of evidence 10 be supplied after
! thg time when the law required public officers
| 70 furnish H. Ii was curative act. II was al
! lowing an not 60 be- done nunc pro tune in fur
! therancc Of right and justice. Neither Of these
a,ts Of the Legislature Was an expo-t facto law.
II" was proceeding 10 cite authorities on that
| point when he was reminded hy the Presiding
justice that It was hardly necessary to do 80. In
conclusion ho snid:
We rest here the testimony before Won anl hunibly
s no'a m vi tne AZ h, vt'n @ "n us, [ M ,s y,d ~ ~ ,,,' 20
namely that this voice the state oi FLORIDA thu, altered
Judicial DSParmen. should be re.pce,s and G hs mi.
n he vote 's % @ s % of Y " an vi'f Y. r ennnrd n ,ln IN
returns Nos 9pd 3 and i; not correctly contained in
judges shall not forget my sf tar a, ,oarea % YOUR
m"merc; Of iI".c earlier scna,orai eonaci. wS 'e r"
suited 30 often m The prcscrrnon ol human lrry Of
later and yet present rccocco Of the decisions the
aid Of iunsn rsht" m am. al To- ,o n", A. nar
n,an hut a. an american ctlen and demand your juds
MR. sHELLADARGERs REPLY.
Mr.. Shcllahargcr of Washington followed on
| the Republican side oi The question. lie claim
the procerdings Of thc uuo warranto was in no
sense before the commission. and that the only
papers before 1t were ihosc submI!ted 70 the two
! those papers there was but one allu-ion To- the
quo warranto proceedings. which was in Gov
! Drcws statement. That being so, he thought
that even the other side would not clnim that
thrr" is evidence before the comm ission that
pronounced The Governor could not mako
| the commission acquainted with the existence
Of the record n that way, A stage Of the c0su
had therefore hccn reached whore that proceed
| ing Was excluded. 1t WIS So also in regard 10
The "vidcpce on the papers submitted with Ger
tiilcnte- Nos and .. Az hc regarded the mat
| ter. all these wcreexcluded 10y the order already
made. Stlll rs discussion had occurred in re-
gard to the effect Of these papers, he desired to
submit some proposition in regard 10 the legal
efficacy Of transactions occurring after the date
Of the electoral vote; His foundation PROPOSE
mandnmuS. TIA" Legislation Of January. tn" quo
warrHnlo, or any other act post dating the cleo
! tOral Notc-Wns this.
That the power hc-towcd hy tho Constitution Of the
STATE 10 appoint Electoral nlcle Is such lis very
nature md 10y the nctr,sc, OF the that
Of tho STATE in accomplishing the appointment ante
date the performance of that single junction which
the is competent to dis hnrge under the Con
sunn II that proportion /, sound then, of course all
io i' ' q G't. .Suiii "a aSi !: $$ : sSai4oA NS y IL u,
own statutes all the decisions that have been re-.
icfred % IN regard to that matter coniorrin- on
state courts The power Ia inirrpr1 their statutes,
even against hc supreme Court Of the United
states every act mat follows the act Of the cicc-
, toral vote IS eNclmlyd. The strongest statement
which have heard o The position ui gentlemen ON the
That }, competent for the state. to appoint electors
after the voting day, quality them after that day
hut n i competent tor the courts after the voting daN
past io make m ini tiuriaiun which shall 20 back ward
throw cht on what WAS the true uctionHrN uf the state
nn that day aiI thu, -tie the question Witch oi tho
two rival bodies really the iuncl clinnAry the state
That l. about the strongest statement that have
that pni Let ~ nnhlNIe II and see II IL IL not utterly
unsoiui The Constitution ia IT'S express terms limits
The power o' the sutte IN that matter to what II has
dcuominacd HrseN by the word appoint" The utmost
power iho rthcst reach o the STATES in regard the
matter Of making President stops when the appoint
mrnt stops Nut hairs breadth beyond that can the
states su in creating President What gentleman viii
mcnt which may he exercised by the States after the
ufcc has passed away Such proposition AZ that sim.
plN reduce. this whole debate the most iniens. and I'M
pf he tat