The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-01-24

Of Judges. The senator from Vermont
does not do himself justice when he rep.
resents that these judges have beer ses
lected because of their biographies dis.
tribution, and the bill in selecting 1nem
BY circuits instead of by name, sets sp .
harmless little sham that deceives no.
body. There Is no power to 60 behind
the returns Of the election of electors GER
titled by proper returning or can
vassing officers Of state. State
courts cannot do 1t, nor can con-
gress nor United States courts. The
electors are to be appointed in such man.
ner as the legislatures of states prescribe,
and when the appointment has been GER
titled in the manner prescribed by the
legislatures OF the states that Is final
and binding on all parties, and this with
out regard TO the question whether the
votes are to be counted by the president
OF the senate or by the two houses OF con-
gress, or this commission. 10 60 be-
hind the decision of the returning officers
of the states would be utterly subyersive
of state rights, and would draw to con-
gress the power that was intended to be
left to the states /; it would transfer to con-
gress the right to decide who have been
elected by states instead of leaving that
to the states themselves. As well might
congress assume to determine who had
been elected governor aud other state
officers. Could any lawyer of any
party have been found six
months ago who would have
said that either house could go behind
the returns from states and inquire who
got the most votes, and perhaps you can
hardly find a Democratic lawyer who
will deny this proposition, such are the
mutations of public opinion. In the bill
OF last year there was no authority to 60
behind the returns or to consider other
papers than certificates from the states.
In the bill of 1900 it was expressly pro-
vided that they should not go behind the
returns to count the votes for electors.
If We concede, for the sake of argument,
that the two houses have right to count
tile votes, there is still question lying
behind that, and independent of IL, and
that is as to what papers the president of
the senate is required to open in the
presence Of the two houses and hand to
the tellers. The electors in the several
states are to seal up their votes and lists
made up by the governor and enclose
them to the president of the senate.
indorsing the names OF the electors upon
the outside of the envelope. lie Is thus
notified who the electors or pretended
electors are, who have voted, whose votes
are contained In the envelope. 1t Is a
certificate from the electors, and none
other that he Is required to open in the
presence Of the two houses. He is not
in tact required to receive the certificates
OF any body but the true electors of
state. He il therefore required in the
discharge of the duty Of his Office to de.
termine and present true certificate
from the electors of state. He Is bound
as an officer OF the government Of the
United States to take notice of those who
have been declared elected by the proper
authorities Of the state, and when a GER
tificate comes into his hands, 1t is his
business at once to investigate and de-
termine for himself whether 1t. comes
from the elsctOr or state. He must de.
eide that question upon his peril, and
present the certificate to the two houses
OF congress. Rutherford B. Hayes
ought to be inaugurated and
must be inaugurated unless a bill
should be passed to count him out
In defiance of well known principles of
law. He was not well enough to-day to
argue this question as fully as he would
like to. The Democratic senator's would
not support this bill if it did not give
them chance to count Mr.. Tilden BY
going behind the returns.
At 2:lO Mr.. Morton said he was not
able to proceed further to-day, aud there
fore suspended his remarks.
Mr.. Frelinghuysen, member OF the
special committee, then took the floor and
spoke in favor Of the bill.
House.
MIR. Throckmort0n offered resolution |
directing the committee on military af-
fairs to inqaire into the cause OF the re-
moval of troops from the frontier,
whether sufficient force remains there to |
protect 1t, and the number OF troops sta.
toned at Washington. The resolution
was defealed: Yeas l42, nays 81. not
.wo-thirds In the affirmative.
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