Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-02-15

| It held through the terms Of the fede.
Iral, constitution. The. ninth and tenth
articles Of amendments reserved in
terms to the states all The. rights not
specifically delegated. The whole
matter OF selecting electors, deter.
mining tho mode and issuing the GER
tificates, belonged to the state. 1t
WAS for the federal government to
count the votes after they had left the
state as in the Florida case. So here
this body has the power of the two
houses TO count the vote which power
was granted to those bod,e. by the
constitution, but this body has no.
the power Of legislation.
Considering tue power possessed
by the commission, Evarts charged
that the other side had changed III
position, holding in the Florida case
that it had Judicial authority 70 ins,i-
,ute quo waIranlo proceedings, and
now declaring it was not Judicial
body. He contended that the power
vested in the body was such as exist.
Cd in the two houses for the perform
ance Of specified duty to coun. the
electoral votes, not the vote for cleo.
tors, for the ,.o houses did not pos
sess that power. In regard to the
incligibihty Of Brewster and Lewis
see, the statute prescribed .ha. they
should be waited for, and if they did
not appear until four o'clock the Va
cancies we're to be filled by the re-
naming electors. These gentlemen
did not appear and the vacancy WAS
declared and filed.
1t WAC ss stated, to fill the vacancy,
that their title Of Office Of electors
VAS to be Judged. There was moth
ing in the offer Of proof on the other
s'de that detracted from the right of
the governor to certify the elcctor.
BE felt relieved Of any necessity to
prove that kellogg WAS defacto Gov.
ernor, for in their FIRST proposition.
The other side offer to prove that
through the months Of Oct, Nov,
and Dec, thore was no proof that
Brwester and Levissee were not
qualified to receive an election on
the sixth of December. 1t was also
smong the offers OF proof ,ha. the
Kellogg certificate was BY defacto
governor Of the state, aud this certi-
6catc shows for whom the votes were
legally cast.
Evarta then referred TO the laws Of
Louisiana regarding the electors aud
ciections. He said not one Of the
eminent lawyers who visited New Or
leans during November ever thought
to suggest that Gov. Kellogg ought
to count the votes, which was now
the construction sought to be puthpon
the statute Of the state. Evarts ar
gued against. the authority OF con.
gress 70 interfere in the aHairs OF .
state and said our forefathers were so
jealous Of federal power, they would
NOT pefmH the introduction Of : fede-
raj finger in state election and forbid
the election Of federal officer.
It was monstrous proposition that con
gsxss could sit md sin, discard, discount
and destroy IN election In the state. Theil
position in the Fiotida cascwas unchanged
In the absence Of necessary lsgislstion
there could not be revision Of the count
A 70 the claim Of the McEnery electors
sctingMth0ut the color Of show Of author
q ity, SdtleS AcEnery no, the electors hav
Ing bsen induc,ed into Office, their actor
wss wholly void. In support of this prop
osition, be cited numerous authorities. o.
The other hand suppose Brews.er ant
Lssissss had been Ineligible, tbsN was th'
tco,ors nd show Of authority snd the stat
!, ~ MOTTO b deprived Of an sct which |
approved, BY An objection raised at th
moment of counting the vote. In reply !
! ths Argument Of TIumbull, that Brexsts
and Lsyisaes being Ineligible, but six elc,
tors were elected, aud hence there were r
vacancies. .a
1 He had no desire TO appeal to pa.
q tisanship. He desired to present hl
D case as An American citizen. II
J wanted the wrongs 10 Louisiana, th.
had 20 long been perpstrated, rem.
4 died, but he wanted, them re medic
by law.