The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-06

", NnatNtr
aon ibis eviscsrahon Of the nna san,s,. Is 10 be
ss%gSS AZ a. once w r ran ss S Sn
sp y srsunsni NAY u make ssss u n, Or cc y 80
sse oe b nh aSns mG Shnd
nors csIthsate that I. coming IN ircn q
That no, tn. que scn are consider here There
nor certificate is required Tor any form sclemniy q
SssS sSsraSis s@ lSriS
esrS &C. IN 1st ss s "a @ ae ,s s
iI;3 requires N.,her dos msir propoSion any any
srnSr he Ssa""s ,h", @ % aahs
de- 3 sssa S'dfS'; ne s1G
ncs ard ha, ihs fact must prevail aver 's s, ner n no
escape from that proposition unlcs, our learned opponents
90 a Ssf@, ter SHS. @ or sss
who have been elected they required IRON the Gnvsrn
OF S S 6 s.f and and @ ils V s 'HS and
lewnl because rncsi you make that the fact 60 be GER
S 1as. q rS bptwsen he t SS ctrScS and
therefor, the proposition is that you to inv 81
a & rs he law Ssr@ and %' w ndSSSs .SS s powers s%s@
Mr.. ENarts said it was also proposed to intro
duce cyidcucc To show that Humphrcya, ono
of The Hayes electors. was n United States officer
was Inquired into at the meeting Of the Can.
WASHING Board Of Florida. and MIR. Evnrts read
the testimony NJ Mr.. Humphreys then taken
that he resigned ten days before the election
His resignation had been accepted. and the du-
ties of the Office discharged 10y the Collector OF
the Port of Pensacola. A. to whether the two
Houses nj the time uf the counting Of the votes,
bad any power under the law for the interNen-
ton ui proofs. on an objection for disqualified
tiun, Mr.. Evart- said:
Whatever may thought on the question Of whether
ts subject o Disqualification Of this nature was proper
% rs S STpn % 1 yo' M 70 & s sSn % a@a %
Vide tor iie production OF proei In that anac,9n and
sid,red there Is act Il Congress SUBJECT and
oSr prol.ltien Is that e hs. 'sse u the a
the SENATE cannot cn. that subject proof that
the groec.s must Of counting, aud that ia lis,
quanrd ciceior has paced tie o-ervstcn OF the
"a ,n1 siss, psd ~, .S'rcSSa o Any Any sus, ~, Or
cludnG from actual slecuon for annulins Of ap.
pear that when ic.a afc ali over and past ana the vote
stands on the prs ntacn and authenlicaton OF The c
cceiofs ihemscIve. and on the act Of Congress masi
corr~ the provisional mean. OF inquiry at that stage Of
Congress, u they had Thought nt "a provide any would
the inhfmy and the proof of its removal are matters
2ri,narily ma9as.aes perhaps IN point OF na'e nS,
conradio lion u witnesses aud discussion as 10 the elect
Now Mr commissioner Thurman asks the question
sniIt thr , o,st,rai rtus' Mn.h % sneu te
Cousrcss aud had been nt the tim, OF the appoint
aS, opshcd y the eoSdgraaoa, @ Tia, long 10 pre- proof 4
ro'sd - of ocular aud i.r,ona oser'a'ion. at Al times
q w. tteNlfn, o IA, s'nai. ,nd Of ths ,w% liolS, 9i
nnd i ;he instance sincerely that o member ui Con.
gss Scllied IN the list aud not presently member,
no A. oi 4 certain dae ihers had been com.
a@i 50 the disquaats,ion did "T na u .S.i S"' nj
ac incn The ssc IN which the Con. used as
a.. n'sn nc yi'' s'en io loo AMI while the
qu.r. t6 be u,rras-d IN on. r.0ot 10 h. ceriia
cate ~, BY ran.esndeni and present ovdence Il the
lion a.i upon te statS, tAt ihey .ail ne, inc,s m
their appointments the pro.culei excluded person..
dec moi xecnie ,ieii under e Constitution, and un
.SeSuted ~ The law OF The Sat i only 10 e eScsgtsd ~
the law. OF Congress pro'ids means VI time AM place
Now have said ,ha, ,h, tribunal cannot receive e,i.
denrs In addition TO the certificates OF the narrc at that
sa r,SoTj Of it, sceen. Witch hasTSsn ssi,iasd by
electors one reason OF tis proposition and on which
.uteiently u .ts Is Ht t.s l., Jnde'a N luiry into
as ' Insu9s ss , % , .. Ne Srne ihs csrnn
% Mh,en 9I he w9 s,,"I, are T,ay elected on an
ru, a. be- ID. IN ~, ii r t i ~ ,yh rsi &
view by the necessity OF the exercise o. ile imputed
power requiring adequate means What are
Vcsiicauon in that nature or rishi aud inquiry are
pltnary means There are no means, judicial, that arc
leAfy judicial powers can bo oonnnue aca under our
Thai are Judca IA ihcir nature eNce 10 ii.iuil. tha
are eonrt, tribunal Mat are tnsior to he supreme
frc,ien, the tuii,d 'cnuu,d bs tho sen
Sf oS " ~ sd ar "S'S Sa saG' OF 81 asyrul Syl aes sHi a
v"l,c- ne posse o. ars,r meals ~ rsach and more
quO Narranio tor an office thatis 20 search ,con'
Ter ihr power. o iii, law io "a, conni.-n The power,
q court oi this pienalN reach ani einci.nc, but on
an an oihter, n,ttyy wcaii hid q .a6eet in rsrafd
20 20 w M.cn ,e - u , ,an in'si III %,,q % i .i,nfonl
quo warranlo j. matter and an ACTION OF the common
jury into il, Eslods So case contested e,e eion
tribunal riticai Jury; but Tie proyian here /, t6at IN
every action OF certain amount oi dignity the rlvh of
eNsmiied cscepiGy the rule. Of common law fhest are
inl+dnncit, that cannot bo surnuuned
"a = l.I I'm a
the topic that last discussed. aud in pertinent relation
. ue pr sent, to the OF Gro9me again. Gwyn in
the i3d Maryland Reports, to show dat IN. argl,
nent that du, supposed 10 exist by atrOu,on Of law
or ny .en-'uon must carr, toi-.ii ~ ule junction.
"ry shirS4 M w IT, ss safrss, re- ,, M e wr, ,S
rs hnI. r ice IL, , me ~, 1 s fi & W. LOW &
has 20 be the oiher way Il ue iuneuovary the com.
n"t iGin-h d. and ;" It eannoi be disehrs in ilS
Constitution. a. VA, claimed ani was held by the major
tie once Of Attorney General Tor the STATE oi
n-ei o S' tn. ' .dns SgS' ,si n.i'"i o M oS s
nean. Of CARRYING out tie -sruiiny that must decide.
els, 1t uule Judicial authority imposed 10 upon hni, and
assuming that ths claimant against Tie nna canta had
uory 10 conduct contest, he had powers oi sui
Court ot Appeals Oh an Application lyr manianu- io
compel r Governor to undertake that cous .iiutdnal
dnN h,i mat he Mas Neslel oy me Constitution WIN
s a. 19sgm to ss s eoess i lsnen9sry , bgi 1hat
hln AMI that the lnaidamus must agnn,t him 20 de
canvass was returned as having the majority and
thht the preliminary contest that might nave been
made encctual TO exclude the wrong man. be
Of WRONG as, must be postponed tn the
judiciary power, u the state. lodged IN The COURT tho
sidic u Quu wRrTanto di-iutr with the uduct,d
csnl .iaie That the Governor might rwoui have dc
tu,i not o b. entitled 10 The oi,e. TINS leirs upon
tuh branches oi ic con-l, tapOn lifst upon your
Sumption of luur powers nom Nour hAAtlg ptn ncrau
dui,, second, upon the confederation of whether duis
niu.teuay, viii not be- c0nI-cll.i always At wlS
there b5 courts oi iustcL 10 lay the foundation oi The
discussion o the Nflt IN the courts O Justice End IN
thls Oi 1871 no such Iuli,s iu tht Hrfane, mcn win
powers TO nhku II court under the ton,ututlun,
nul no appointment OF hc- Judges III, court under
atd uer enforcement, NOR Tor the niethpls o al that
must hclun. 10 ~ di7'n- lion Of Il quo WhriAnO.
NON, Dnir r-iHnl trt The Ifas,H1b o This proof lay
out Nc til ANA lie mats Ui your inquiry, ana your
uIona wut of qun NArfthio MI. H. pre- sentative Field
H--nrd % you what e described powers nj loa-t
gfeht that of court on quo Ndrhitp and, a. course.
IA that nature Mr. Mciiick claimed uie hame judge
Black did NOT In rms do yct, ~ assigning the
tute the acafching character trui-Hclun that
you eNecutc, he gu,e 1t dat character aud implied
that druHiud and the brcf handed IN an The
praise OF which | happy Join with
The learned as,ociaics Of Nj Green makes Ia, claim Ia
uncty uat you nw not nd, quHu hsh revising canvass
quo wHTrdno This qua warrnnt0 suiL Il It becomes
subject cA llunre. matter 81 ciid nee that declares
absolutely the pctiuO O us Ildcu electors that the
Hinges electors Hrr in possession ut pN WCulil, tho
ono. what not n may bc, aud are tNefri-ns
IT, they AK uat inquiry lnHy then Itued ~ due
Si o Deconber. long alteT ih,ir vote lO inquire ~ he
thor tnat and that exercise n,ater o rsht
between ic aud the Hayes electors y or !, not accord
in4 u law ana truth. Tho Commission Ni lA good
f4 ILL.,.