New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-05
power from Congress- what the authority OF the lat
| ter The line OF his argument as follows:

ter. The line OF his argument was as follows:
The purpose to be attained the count OF the electoral
The power devolyed upon this Tribunal ~ 70 cv
the electoral vote, and not 10 count tne VOL oy hi
the electors elected This Is discrimination Wch
The electoral vote only is TO be counted aud this Tbu
nal has power and no duty 10 count the vote ny "no
PEELED descend to unathomabe abyss, ana grope
its way in which it could find ITSELF IN
O position not only somewhat unpleasant Out Hon
which it could with difficulty cxtricate itseu r,o
What the scope of the inquiry before TINS Doay ny
general inquiry Of the gentlemen Is whether any
Is admissible ia this ease, and Tor tle puposg W
ascertanng what testimony is admissible II Is Wen 20
learn precisely what this Is and what Is the puoso
ofthe testimony proposed To be putin eie are soo
of which this Tribunal take judicial notice In te
place. the statute OF that state by PROVISION Por'
OF which will take the liberty of reading croa "a no 70
turning Board having capacity to certify tne muDc ieI
and II that hoard performed it, duty however mlstahe
however clouded with error, however Sn 0u on IL
tainted by fraud-If 1t performed tho duiy III ,,
by law, and did ascertain and ana aecil1 ho"p rasi
votes for particular SETS oil electors Su nersms VINO
were elected electors that ends all inquiry neis
cafe and unless YOU assume the right 10 go bellnu me
action OF the Returning Board, the nidi ltDul M
purpose created By the law OF that state ana scoiI
whether il did or did not, according TO your uds
mcnt. faithfully declare the vote cast anu i'"'' ~
clare who were the persons elected 800 ~ 81,
desire the Commission to mark wei the language %
the act. II says that they snail proceed - s"o
returns of said election and determine ana declare WIZ
shall have been elected any such Office, OF rs snch
member as shown by such return II any 7uth ~. 49,
shall appear be irregular, false, or fraudulent ." -
The bo r Shall bc unable determine the true vote ioI
any such officer or member, ihey su9I 50 tctiIS 1
shall include such returns IN Ihcir ule M
declaration" There committed t3 thein ny ~
statute capacity to dcte1nne and dtcIc iiia on
cOuluSvc and majority on lHd' ,'.u ECl al IL
10 perform that duty, and they dd perform a. Gnu
appears here before this tribunal that III W.,
GcucraD did in the exercise that discretion mus con
hdcd them, certify and declare thil ny I'm me-
Electors (sUcaileG) had been dIi! tlcc''u ' Iii
lawful voters of that state supptIe ,-u T,,,
not be denied that state OIL Tie wo6o ''i' if
pieascs declare who shall be is instrument for selecting
electors suppose that if The state OF fIorda hu uu
ciard ta one of It's shern should select the electors
at would b. final II it done. pcradventure some
theorists upon the notion that you should go 10 '
ppone a nr source power 10 eject judges rs wen ~
All 6hcr officers might say that that was nurdJ IN h1l
womb 90 behind the express viii Of the STATE as to the
electors appointed would lind himself engaged IA 'n
effort 10 invade thc sovereignty OF lHe oIdOe anu W
lerc with It's supremacy.
MI stoughtop read from the electoral bill ii regard 10
the reception b. the Commission "Ol such petitions
dispositions ana other papers il any 10 snail by the con
stitutlon and existing law be competent ana pertinent al
such consideration" lie continued:
togueicut and pertinent in vie" Of what In view OF
tl nriinu Of CONGRESS through rs committees moan
no disre-pcct when say that that NODE PtIn'ta lre
God courts OF Justice taxi. care 10 prevent an" 4ouI
Honcrs being c0niilCd Win the power 70 h'ai
ng of he contribution ana existing 1Ws Ut not bcihs
expressed precisely what they are, "Hi !0oh I" te
mic, of g ybicI guide yOu luaJliui-lciiu-J 7tit upon
thr bench and viii determine what are ne petitions
uapeIs and Dispositions which Won NAV th'' ivC'n'i
ur over The pages OF the books OF common Jaw ana
Nuu hud printed ~ cEaIartrfS uhmlstlA'be an
utter mcai,acity to deal VITA any 'hi!S tA''i'
4.'S1 '" acc "G tn ai,ri tie rights oi mon,
10 shy nothing rights Oi States ana nations rms
court W n unpac-toHaby therefore see .hIl tHi!o
testimony not IN harmony M.'n tt law" ~" tyr
when counting 10 use such proof; II any as 'ie tHSt
sulcct wien the question Of jurisdiction l. rrirhou.
Yol dealing with the sopfeuaCy o. s,4,e Wien ." n
undertake 10 attack IT, Hai tribunal Tor lhe PURPOSE Vi
rf. Iftr p M