The New York herald., 1877-02-09

Vote, THIS,
by tho constitution OF the State 70 appoint an
electoral college Is such. IN rs very nature
every s: Of hS s,sss m ss
ment must antc-dato the performance OF that one
single function which the appointee 10 competent 10
discharge under the constitution H. " said he, ''that
proposition IS sound then OF course all that has been
said IN regard to the efficacy OF the decision OF court
"a determining the sienincation Of It's own statutesi
all the decisions that have been referred TO In regard
TO that matter as conierrins on State courts The
power TO interpret their statutes, even as
against The supreme Court Of the United
States. every act that follows the act Of the
which have heard OF the position OF gentlemen on the
other side IN regard to this matter Is It's substance
this THAT 1t is competent for the States not TO
appoint electors the voting day, not qualify
them after that day, but II competent for the courts
which shall 60 backward, throw light on what was
tho true unconary OF tho State that day. and thus
settle the question, which OF the two rival bodies
really the runctonary Of the State That about tho
strongest statement that have that point Let
s " an"yze s,,, = and see IL It Is no, utterly unsound
power OF tho State In that matter to what II has
nen0m'na,sa na % 'eTsey ey Tho wosd appoint" Tns
gard to the matter OF making President, stops wnen
me appointment stops Not hairs breadth beyond
that can the States in creating President What
gentleman will say that there Is some functions In tho
nature OF appointment which may be exercised by the
! states alter the Office has passed awayl Such a
proposition as that SIMPLY reduces this whole debate
70 tho most intense and uumItigatcd absurdity.
Therefore, the act OF the State tho
Ing power must DO appointment and as appointment
cannot in the very nature OF tho follow the day
|
functionary must by the constitution and the laws
completely discharged is II not PLAIN tnat 1t was the
design of the constitution and the express
OF tho constitution that every act OF STATE when
can discharge or perform at all lbeing mere appoint
menis), shall antedate the voteY
Senator rhurnan--Does It follow that there can be
mados
Mr. Shellabarger-I will como to that in a moment
and thank the Senator for the suggcston--whethcr
acts subsequent 10 tho date OF may not DO
looked To as throwing light ON the question who tho
appoince really was. That Is a fair question, and DO
serves far, irark square answer and make !. as
inc insignia Of right with ali the apparent
rttIc TO office, which can, accoruing 10 tho State
machinery, be bcd that day. he is against tho
states the ccctor both de acto DO urc and that
with winch We DEAL having no likeness nywhorc else
Tn tho government OF the world in the laws OF the
world. It's where two sovcrcignes combine
In tho process OF naugurating government and OF
creating tho executive branch OF powerful people.
sae Sn ali speasa on .n1 q, 90
| transact IN that regard has been discharged,
the e eowsr nS the STATE, an s
ana the thing becomes from that moment only mat
tor of federal caro- and sollctude. In other words,
evePy part OF the machinery must be placed In 'front.'
IN point OF time, OF the exercise OF the Office OF elector
No part Of II Can be placed behind because that day
the power OF the State over tha subject matter
pctey and forever ended. II l. in my State oi Ohio
being partisan lind out how The other States have
destroyed n order TO destroy tho Presidential olec-
tion, could not, II the principle Intended
san, nlsi prius court and got judgment quo
rano that will defeat the election in my Sts,o and
seat the President OF the United states know that
such working OF machinery IS revolving to every
man whom now address, aud yet defy she inge-
mischief will II you suffer lnis 1t inevi-
table tna', II you suller men 10 start away
down 49,. IN The the lower lower. courts . OF tho country.
bills the Legislature with any other that shall
unseat the President Of tho United States before the
day oil counting, you can unseat him after ho is 10.
auguratcd. challenge the gentlemen TO show that
rule OF law which says, thus lar shalt thou and
farther. II you Can unscat Mr.. TlIden, he being the
President BY the Judgment OF republican court In
my republican State, you can do It after ho
power there Is no principle which CON-
peIs courts which have Jurisdiction In cases
OF quo warranto to make their decision before the
count in February before tho inaugur ration day.
Establish that rule, and you at once put II In the
OF the States TO overthrow tho constitution and
destroy the government.
ARGUMENT EvARrs
MIR. Evarts closed the argument on the republican
this examination adopted by tho commission has fully
approved itself IN Its execution The intelligent and
saw AT once that tho decisive Ices Of the
wcre to be Determined limitations OF its powers and
tho limitation OF the subject matters. In the full DIS
accorded 10 counsel aud the Deliberations OF
the commission the result declared In this form and
20 TINS efec.:-rhat the commission VIII receive no
evidence. but will merely inspect the certificates
A wSsch sns constitution and the laws of the United
States have authorized Tor transmission, and which
the President of the Senate has opened TO the
two nouses The commission has decided that
IN one particular y VIII receive evidence
touching the eligibility OF one OF tho
Florida electors tH1mphroysl do not under
stand the COMMISSION to have over pissed upon tho
question what tho eIicct tho acceptance
lection OF vote thus challenged ior ineiigbinty but
10 have decided that that point II Will rcccve he
evidence which may DO offered as to whether the
and second, whether II mantainable and maintained,
the methods OF tho const permit OF any rejec-
ton from the cerncatcd transmitted ana opened
| on that ground.
Mr.. Evarts went on to argue that the evidence in
regard TO Humphreys holding Office fo short of~how-
| Ing that he was IN Office ut the time OF casting the
electoral VOTE and thar the burden o proving rested
on the side that made tho objection, and that the
counter proof showed that early In October had
signed his Office in writing 10 the Circuit Judge and
s,ructions TO turn whatever OF pubic means hc
had for tho exercise Of the Office to the Collector
OF Customs, who would discharge the oIice aud
that the Collector had ut the time been notified
by the Judge that the Office had devoved upon MIN.
Was II, he asked. to be pretended that under the law,
there was any power to hold an occupant OF civii Of
lice 10 The performances Of It's duties moment beyond
his will? The authorities, he said, clear 10 the
right Of a citizen resignng an olcc without HIS
signation being accepted All that necessary
to make public vacation OF the olhcc. lie then went
WHAT VOTES ARR TO nm COUNTED.
This subject then, being rejected IRON further con-
s:deration. understand that lhero ls no matter LEFT
accorded to ny the oil Congress under which
organized to determine out OF the material OF these
three certificates what and how many votes are 10 bc
counted for the State OF Florida The nrst Is subject
10 no criticism. No TACT can countcrvens this vote.
OF the absolute tulness OF title comply
with all laws that have been imposed by Congress
concerning the complete vcrlcati0n OF certificate.
The TACT certified Is not gainraid by proof or II is
cludedl There was no offer OF proof between the
uct OF the being closed and recorded and The
Governors certificate This certificate, tten, includes,
with every degree Of certainty and assurances the voto
of the State OF Florida. There four votes here,
and there Is room for To make It, therefore,
Of any practical importance IN further discussion
there must be apparent in tho othcr two certificates
either such disparagcmcnt OF tho first such authcn
tcIty In themselves shall displacc the sub
substitute the othcr thero must be such produc-
ton OF rival and competing certificates as
! leaves the commission IN doubt and uncertainty
| which votes ought 10 be counted.
Now, as you will nllow evidence outside Of the
first certificate AZ bearing directly on It's actual affirm
ativc authenticity and sufclcncy yop will not allow
any such evidence collatcraly on ind presenla
ton and support vi any other certificate.
! var n q IL nd