New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-09
MERRICK CLOSES THE DEBATE.
A FINA1. PUSH AT HUMPHREYS.


The argument on the Democratic side was
closed by Mr. Merrick His remarks related almost
tIrey TO the alleged negbility OF Humphres. He said,
first that the Republican counsel, while calling aten-
ton 10 the danger of legal interference with the
electoral votes. mad omitted TO call attention TO
the counter part of the picturethe condition Of Gov
eminent with person stepping into the Presidential
chair along pathway srewn with frauds periures, and
crimes into which the people were neither allowed to
inquire through their representatives in the state Gov
ernmeni or through Representatives in the Federal
Governmental picture most offensive and revolving 20
the mind and heart Of patriotic citizen. Coming
down 70 the question Of the alleged ineligiDlity OF
HUMPHREYS, he said:
Uumrb-e.s commission has been put in evidence. and
the flci chat acted under II down To very recent
date Tie burden Of proof Therefore rests ON the 0tner
side to show that at tne time OF clsns me electoral vot
Is accepted by power that conferred The Office ana
that appears on record ne must ne ned 10 Dc s
Rrprrsentatye Hoar-Take the Of oGice-holdor
not acce pied, is he TO be kept from ms seatf
Mr. McrrcK-rhe fact OF his being admitted To his seat
in The senate viii be a discharge rom the office which
hCd provided he has PRIOR 10 That ie rendered his
Nj Uoar-Will no, the same rule apply in the case of
an elect0r d well as in the case Vi q Senatori
Mr. Merrick-In the ~ senator the disability
would be only personal. while that electOr
npcrsOnal; in OTHER words, the state positively
hidden 10 appoint an ofcc-hOucr as an eector III Is
Limitation upOn the power Of the state ana not per
representative Abbott-You also claim that. even II
tbeaccptaUce the resignation not necessary the
resignation itself must be made 10 the court
Mr.. Menick UnqucstiOnaDy. The resignation must
he made the power that gave the appointment. sup
pose IIumphries had resigned the clerk the court
addressing private letter ~ the clerk at Newark Ohio
The Prcsldng Justice-But IL he to the judge.
and the judge directed 1t to ice filed
Nj Merrck-ii Thar Is done while the court Is III ses-
sion, then IL Is the act Of the court.
Representative Gar,ied-D0 you hold that in of
long vacation III or the court being abolished by
law, Of the dcain Of thc Judge who gave the
appointment, this officer never couId nave resignedi
Mr.. Merick-l should have referred that Ia OF
the returning boards Ia the South. hardly know what
reply TO make
Mr Garteld-I understand your position that Q
could resign except WBue the session.
Mr.. M-rrickl presume that death and the extinction
OF IN Ohce and The abolition OF government and the
wiping out OF nation make exceptions To all principles
Justice MillerYou say that the distinction between
the who accepts The office Of Senator aud tine
the objection goes u the power OF me state and IN the
other 1t does not WHAT Is the difference III the lues-
ton of the power or the statei
Mr. Mcrrica-Iu tie the prohibition is that
person shall lee Representative Senator who has
attained certain IN the Ctner u Is that no
person shall he appointed eecor Who holds an office OF
trust prOuj. Whenever there In power gwen 10 do
act. the dOnec Of the power can only exercise II
according TO the precise restrictions ana limitations OF
the donation.
senator Tmrman-suppose the Tilden electors had not
voted all all would IL bc competent 10 by sub-r-
Guent State proceedings that the Hayes who did
vote had no ti'ies That l. The real question.
Mr.. Meruch-Most unquestiO"ably. The State cannot
have her voice simulated. whether her real voice Is
spoken not II appears That on THIS occasion the true
voice OF state spoken bus II Il had beeu,
there could have been more power and ylgOr ia the
simulated Of her 10 reach the councils Of the
Federal Government than there when these simulated
tones come ringing along with those u the true sent
OF her people. The State not 10 be deceived de-
frauded, and cheated She might prior a. the time That
this electoral vote was east have Instituted her qO UGr
raRt0 standing ia her own tribunals clothed Wit the
majesty Of her executive power, and appealing her
judicial authority. and asked these BY what war
rant you presume exercise tie power OF ts state T.
and so standing she could have stripped from the
garment they had stolen, stripped from their shoulders
her livery which they had stolen to the devil
in
Mr. Merrick then quoted number OF authorities from
the Supreme Court showing that the uniform rule was
for that follow State dcCisOn the subject OF
the local laws Of the State. and commented some VI
Judge Bradley's opinions 10 tnat effect.
Ar Merrck claimed IN conclusion, that the record OF
the quo parrGnto proceedings before the Commits
sion lie said that lad designed to argue this
without a partisan sentiment in his heart and without
allowing partisan expression to escape his liz and II
no had failed In this purpose he begged pardon Of the
traditions that clustered about these sacred walls
This closed the argument Oh the question OF the nesi'
biity OF Humphries The Commission then az 4:5O, adj
journed until ~ O'Clock tomorrow morning.