The Morning herald., 1877-02-05

Out 0f the
6erape.
WASHINGTON.
THE ELECTORAL TRIBUNAL.
WARRINGTON, Feb. 3.-The whole session
/ Of the Electoral Tribunal was consumed iu
discussing the preliminary question as to the
admissibility Of evidence, which was partici-
psted In by Evarts, o. 'Connor and Judge Black
After an hour and half was consumed the
presiding Justice informed the counsel that
the tribunal would hear arguments of three
hours on each side, on the admissibility and
scope of the evidence. &RE
Mr.. Evarts informed the tribunal that he
was not ready, and asked time to prepare.
The Court Indicated that he must bo pre-
pared at the time counsel resume.
After the recess Mr.. Merrick opened the
case on the part Of the Democratic side be-
| fore the tribunal, and discussed tho powers
l and duties Of the Commission, the evidence
! now before It, and the additional evidence
| which should be presented, maintaining
1 that In order to Ascertain the facts and law
/ they must receive the evidence which the
l two houses had accumulated on these
points, ''s)
| Mr.. MERRICK'S ARGUMENT.
On reassembllng ii was arranged that enc
counsel of each side be heard to-day, and
one on each side on Monday, and it was
further agreed that three counsel might be
announced that Judge Black would make
souae general remarks, and Mr.. Merrick the
regular opening, Mr.. O'Conner making re-
1ply to the other at the close of the debate on
Monday. Mr.. Merrick, however, proceeded
to the opening, going first to the question
of the power Of the Commission. As to
the regularity of the evidence now before
Commission he thought there could be no
question. The House had, in regular way
and by . proper committee, taken certain
testimony, and when the certificates where
opened the objection with the evidence on
which II was with the certificates referred
to this Commisson, and he held that It was
now before Commission, whatsoever might
be the decision - to its admissibility. He
did not understand that the sbjectors to the
first certificate proposed to offer any more
extrinsic evidence than in relation to the
precise time the writ Of quo warrsnto was
served.
He maintained that the inquiry into affairs
in Florida was fair and full, opportunities
to be present being afforded to all persons
interested, and the fullest opportunities af-
forded for crcss-examinatiOn, and that the
witnesses were cross-examined. He appro.
we'd the proposition that the duties of the
Commission were purely ministerial, and
that they could not look behind the certia-
Gates. He said If this doctrine prevailed,
even Governor Stearns, though he came in
isackcloth, and in penitential sorrow asked
to correct q mistake, could not undo wrong
in that paper He denied that the 136th
section Of the revised statutes made 1t man
datory upon the Executive to give eertif-
cate. He questioned the right of Congress
to specify qualification absolute for the re
turn ofths votes and to declare that quslif-
cation alone tho only evidence that shall be |
received, and that this evidence shall be |
mnimpeschable. t.,s@g
JUDGE BLACKS sPEEcH.
Mr.. jeremiah Black followed Mr.. Merrick
on the same side of the question, character
ixin.y Mr.. Merrick's statement of tho case
90 st lmirabls and well calculated to impress
The Il -ue nature of the case upon the Com
missi. IN and to give fall notice to gentle
men k,n the other side as to what his Mr.,
Black, 81 side intended to rely upon. He
laid it would only be ''gilding refined gold"
or him, to add anything to Mr.. Merrick's
'tatsme, 1t. In reference to Florida and to
he actio of the Supreme Court he said:
It had baen laid down as rule of law
hat whel lever case has been deciped by q
ourt of competent Jurisdiction the deter
nination .of that court could be pleaded in
,ar % con. elusive evidence of every fnct and
very m att. Dr. of law that was or could have
,een Brought into the controversy, and that !
o;th.r IN Il " nor in fact ahould that deter |
ninstio ever afterward, collaterly or d. 4
ectly. be drawn into controversy. Was not l
hat rullei It had been laid down by the
,hief ustice in the Duceess Of Ktngston's
sse. IT had been followed by every court
a Oh, istendom from that day to this.
here Vas not in England or America one :
udpe or one lawyer who had ever under :
aken o assert that the law was otherwise, :
or ha d 1t ever been attempted to be clothed y
A any other words than the clear and felici- =
qua anrage that was used by Chief JUS :
Ice D eGray in that case. This doctrine had =
cen applied over and over again to election y :"
etu, ms ss well as to all other things. It =
Iou,ld be perfectly absurd to say that where ;,
he question about the title of horse was =.
n controversy before justice of the peace s
he doctrine which made the title void or " "
rsud was to be applied 90 as to save the :, =
lorse to the honest owner of It, and that IL y
hould not be applied to case in which the =
lights of a whole nation were being strug- v,
led for. NJ
MIR. GREEN'S BRIEsA r
Mr.. Blacks time having expired he re-
umed his seat, and Mr.. Merrick presented
) the Commission brief by Mr.. Green, of e.
lew Jersey, which he said was clear, full b,