The New York herald., 1877-02-16


the people themselves would have exercised II.
was then announced as our proposition that after
the appointment Of electors then the vote aud title to
vote and the exercise OF the right and performance OF
the duty to vote ON the part OF the electors had
tiob tho representation, no far as II entered into
the creation OF title and the concrng OF the author
ny having been exhausted Now in the Florida
here. these declarations had their weight
cepted or declined by the different members Of the
commission according TO their estimate OF the consti
tuition and laws OF their country In that case, In
this, there were presented before this commission
matters OF consideration, about which. az thoy
open entirely tor your inspection and necessarily form
mean tho papers that were opened by the President
Q, the senate M y, according to tho constitution in the
before you undcr the law OF 1877 they before
that Assembly. In that presence under the consitu
10 what more Is or can he before you Is question
uudsr the law Of 1877 interpreted by It's terms
In the light of tho constitution OF the United States
IL has passed beyond dispute
POWERS THE COMMISSION.
we did not dispute II IN tho Florida case, but II we
arc to receive tho ntmation oi Mr. Justice Bradley It
has passed beyond dispute in your own deliberations
receiving the concurrence Of al-that you have tho
powers that the two houses have In the act
and transaction OF counting tho votes and other
powers; not that you have the powers that the two
houses Of Congress together separately have the
legislature Of the country not that you have anv OF
the powers that either OF them separately has in
respect TO what is accredited TO either of them sep.
arately IN tho constitution outside OF legislative power
You have no particle oil any authority that is lodged
tho two houses OF Congress under any OF the
legislature, or 10 either OF them separately
except what is granted by tho constitution
within the very terms OF this artcle-that the
action being completed IN the States they having tor
warded their hither under such atons
us brings them into the presence OF the two houses OF
Congress- that Their contents may be disclosed and
acted upon that whatever action thercupon proceeds
by the two houses there met, or by the two houses
separating In tho discharge or and In the continued
cxercse OF the junction OF counting the votes,
this Is passed over TO you that your ad-
vice may be gwen tot them, II would pro-
coed out OF their original, their independent
deliberations and construction II they had limited
TO the conduct OF the counting OF tho votes
in the simple terms of tho constitutions they then
proceed 10 count They count the vote. Having made
law unto themselves, which they cannot Transcend
votes ought to be counted under the constitution OF
United States they will net upon determining what
votes under the constitution ought 10 be counted
less their united judgment shall contravcne this great
authority they have gwen TO yoa
We insisted therefore. in tho Florida case. that
Rreut consideration IN determining what the powers OF
Congress wero in this were procedure what the
nature OF the proceeding was what the constitutional
objects and socitudcs in providing for the TRANSACTION
had indicated the will of the people when they
adopted the Of the United States and that
met by very learned anu very authoritative state
lnents IRON eminent lawyers Mr. Field, in behalf Of
the House Of Representatives. proposed to you that
Sou nad sas' ss Ii. with
accuracy and precision that proceed from
hts statements demanded tho authority, insisted
that otherwise the Of tho frauds the
of violence, the curb'ng OF the excess OF authority
would be remediless and yet in their nature beng
terlng WOUNDS IN the OOOy pOtC would Work It's
ruin. Those demands were made those demands
were answered, and now, without one particle Of
change in tho law the constitution or the area OF this
debate, we are told by the responsible represents
tives OF the houses Of Congress, through
,hcr objoctors and by the eminent counsel that
have put forward their positions, that you have no
judicial power whatever; that were quite right
about that; there could be any judicial power out
side OF u court ,nier,or TO tho Supreme Court, tho
judges whereof were appointed by the President and
confirmed by the Senate, and held Office for lie upon a
stated compensation. Why might we nos have been
this with any great trust Ia its sOundness pcrna-
nence obedience the rulings this commission az
respectable support for the manGuvre; but have
not heard that giver as reason. The argument in
the Florida case was abandoned, and independent
and inconsistent ono proposed here
POWER?
Now what Is the powerS II is what Is called legIs
atve power that Is supposed TO reside III this commis
sion IN determining how ~ should advise that the
votes should bc counted, It being legislative power
in tho two houses Now there are quite US many con-
stitutionai oDjcstons TO legislative power vested IN
this commssion or the Legislative power resting Ia
the houses Of Congress the matter OF counting
tho votes there are 70 any other form dcscrip
ton OF power. Tho legislative power OF Congress-
the great and principal power OF government, 10
concurrence the constitution requires, but
before any legislation can proceed from them
there must be such submission Of " to tho
approval OF the President the constitution requires
before any legislation IS elected II not therefore,
IN that sense that our learned friends attribute legs
atve power, either 10 the Two houses oil Congress
70 IL is IN the sense OF political power OF po.
cal action, In political Transaction. Those the
limits which we had assigned TO our argument in the
Florida to ho powers Of the tw houses wit
that In the transaction Of an election which starts
from the primary polling places and proceeds
to the point Of deveiop;ng and accrcditing
eecor up 10 the scrutiny, SO fur II is opepcl
here and the counting Of tho electoral votes OF
for electors, II was all part the series OF
that had for their purpose that transaction
OF political act Of bringing INTO Office President OF
tho United sa.e ana that the two houses Of Congress.
when tho President o the Senate opened the certn-
cacsihat duty on those certificates, unless by
prior legislative acton OF tue Congress putting III
cutioh, aud thus interpreting powers that they
undertook for in their construction OF the constiu-
ton II provided py legal means Tor the exercise OF it,
and the Of this act carefully observed that lin.
aton that this act was not to be interpreted carry
ing any Congressional powers that were determined
and created by tho ac or Interpretation to be put
upon In It's own terms, but that II to carry
powers were In the two houses existing by pro-
vi0us law and as de;erinnabe by YOU Therefore
under the constitution and under existing law.
primary consideration, then, as In The Florida
case, It Is TO be determincd-not AS the abstract
question that ask Your Honors to consider--
It Is to be determined not what hypo.
thetical proof might be received, but what proofs
within the oifcc are rightfuIiy 70 be received and
added to the elements and funds of proof which the
paper opened by the President OF the Senate them
serves disclose ovv.. 80 .o.
What then, IS the offer oI pro0f-not In Its details,
but in its principles? Aud what IL the state OF proof
or contradiction 0f which this proof ala nni
The first certificate contains IN itself
every certainty and every conclusive crcdental that
the laws or the constitution Of tho United States
or Of the State OF LOUISIANA prescribed. This
certificate also disc0scs special state Of facts
cerning two OF tho electors who cast their votes.
mean Mr. Brewster and Mr.. Ievlssee The special
OF facts was that being among the electors that
were voted for and that were covered by tho Gov.
certificate when tho Electoral College met
they not IN attendance that the State prescribed
their attendance should be waited until four
O'Clock In the afternoon OF the day. and that case
Of nonattendance by Itself and Vt itself alone on
the part Of any person chosen accredited
by tho action Uf tho state authorities.
the vacany thus should be filed by tho acting
electors; that AT tnat moment, that fact tho col
lege OF electors proceeded 10 choose tho who
thereafter that title took their seats IN Electoral
College and voted. Are they 10 be counted dis
cardcd upon that showing, 10 VIII the entire showing
OF this certificate opened by the President OF the
Senate Now, beyond thut tn ore Is In thus argument
about evidence not any particular circumstance that
need 70 call attention to la regard to
that nrst certificate, nor do need,
that see-ccrtainiy not In addition 10 the obser
vatons that have already been made-to discuss at all