The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-07
The Electoral Commission.

WASHINGTON, Feb. 3.-The electoral
commission met At 1926. Judge Cliff
ford said under the third rule counsel
should present the evidence they pro-
posed 10 offer in close, condensed aud
classified form Of coure, based upon
the condition the evidence would be re-
ceived in. 1t has no. been decided. bat
counsel would &C, as if the evidence
would be admitted, until the commis-
sion decided.
/ After some discussion as to the mode
Of procedure. OCoDor submitted his
! proposition Of evidence:
| First-Thst botn the Tilden aud
Hayes electors met on the 9Th Of De-
cember aud each cast their votes and
forwarded the same to the seat of gov
erument. with the exception that the
Hayes electors were certified by the gov
ernor. aud the Tilden electors by the
attorney general.
Secoud-Ths proceedings under writ
of quo ndrrdnto.
1hird-To show the common law in
Florida aud the constructions of the
statutes Of that State as shown by the
Dustin, OF Stearbs.
Fourth-The legislature OF Florida,
since December 6. ordering Q new eau
vass and the result Of that canvass.
Fifth--Thlt the Hayes electors re-
jectcd certain returns from counties
named
Judge Black WAS about to argue in
support OF the admi.sibility of the evi
dence. when Justice Clifford reminded
him that unless either side objected
there was no OCCASION, and suggested
that he yield to Eyarts 70 prevcnc mis-
understanding.
Black said there was misunderstaud
ing now. He didu't understand the
case
Evarts then began to address the
commission, but was soon stopped on
the ground that he was arguing on the
admissibility Of evidence before it WAS
offered
Evarts then spoke in opposition to
the introduction of evidence, namely,
on the ground that if admitted it would
be necessary to 60 to the fundamental
facts In the election.
Black argued that most Of the evil
dence was already before the commis-
sion. and through the experts of Con
gressional committees was now part Of
the record in the case. 1t would be the
greatest injustice to require the evidence
To he taken up by piecs meal and sub
jected to objection In detail.
Jus.ics Miller submitted n motion
that counsel on either side be allowed
two hours to discuss the question raised
by Evarts as to whether any other mat
ter shall be considered other than that
what was laid before the two houses by
the President.
Thurman said that scope should bs
enlarged. else il the commission should
decide to admit the evidence there
would DO no advance The proposed
discussion should include what evidence
might be admitted. and also what evil
dence was now before tn, commission.
Miller modified his motion as sug-
gested. and it was adopted ut the re-
quest of Evarts, and an additional hour
WAS gwen to either side in order To per-
INIT counsel to arrange tor their argu-
ment.
The commission took n recess.
On reassembling it WAS arranged
that one counsel on either side be heard
to-,iay and one on each side on Mon
day
Following are tho points in the ar
guments before the electoral commission
to-day. Mr.. Mathews said: What is
the transaction Z What the subject Of
the general investigation: 1t it stated
in its final result Of the election Of
President and Vice President OF the
United States: In what does that con-
sist Ii is not a single fact. it is q se-
ries Of facts. The election Of two high
officers is not . popular election. &C
cording to the spirit of the constitution
ar the meaning Of its trainers. The in
t,rpre.Ation ot the generation Of the men
which adopted it aud practicsd under it,
i. to select body of men in each State,
who constitute a constitutional body.
who are to uaks that election, aud they
have . right to make selection as well
as election. 1t is altogether. in my
Judgment. q mistake to suppose that
elective bodies are delegates represent
ing the State, or people Of the State, ss
agents to accomplish their will. They
not ouly have the power in the SENSE of
might. but they have authority IL the
sense OF right Ia vote upon a day named
for persons W no in that Judgment must
te in the State and ought to he. all
things considered. chief executive Of
the nation.
" hen the electors completed their
work by casting their votes, then the
transaction passed beyond tho limit Of
State control and became . federal act.
one Of these thing. which passed TO the
jurisdiction Of federal power. The Ae-
tual question before the commission -.
which Sc, OF electors in Florida. by the
actual declaration Of the official all
thoritv of the State is charged with
that duty. and has become clothed by
the forms of law, ard by actual incum-
b-ncy aud possession of Office, The
body Of electors which has the appar-
en-, rish ana proper title. and which Is
in ssixin AMI possession of the functions
and franchise of an cleetor AMI actually
exercises the powers Of State ofiio', Is,
for the purposes of ;h,s tribunal the
/ lawful body to cas-, tie vote. and their
votes mus. be counted II the con-
mission went behind the certificate
they were limited to inquire ss 'o what
are the facts ~ 90 which the Governor
I'd