The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-02-15
THE ELECTORAL COUNT

WASHINGTON, Feb. l5.-The electoral
commission met at 1915 this morning and
Mr.. Evarts continued his argument on the
Republican side. He contended that the
right to cast It's votes rested in the state
aud was not a grant from the general
government; whatever power the federal
cove. nment possessed it held through the
terms Of the federal constitution. The
9th and 10th articles amendments reser-
we'd. in terms. to the states, all rights not
specifically delegated The whole matter
of selecting electors, determining the
mode and issuing the certificates belonged
to the state; it was for the federal govern
ment to count the votes after they had
left the state; as in the Florida case SO
here this body had power of two houses
to count the vote, power granted to
those bodies by constitution but
not power of legislation; consld-
considering the power possessed by the
commission. Mr.. Evarts charged that
the other side had changed its position,
holding in the Florida case it had judicial
authority TO institute quo warranto pro-
ceedings and now declaring it was not a
judicial body; the duties were said to be
| legislative He contended that the power
rested in the body was such as existed in
the two houses for performance OF
specified duty to count electoral votes not
vote for electors, for the two houses did
not possess that power.
Iu regard to the iueligibility Of Brewster
| and Lcvesee the statute prescribed that
that they should be waited for if they die
not appear until o'clock vacancies were
were to be filed by remaining electors
These gentlemen did not appear anC
vacancy was declared and flle(
it was as stated, to fill the vacancy tia
: their title to the Office of electors was t
be judged; there was nothing ip the offer
of proof on the other side that detractet
from the right of the governor to certif,
to the election; he felt relieved of any ne
cessity to prove Kellogg was de facto gov
eanor, for in their first proposition tn
other sile offer to prove that through III
g months of October, November and De
/ cember there was no oprof that Brewste
q and Levesee were act qualified to recelv
an election the 9th of December; it wa
also among offers of proof that Kellogg
certificate was by de tacto governor OF th
state and this certificate shows for wlor
the votes were legally cast. Evarts the
referred at length to the laws OF LoulsIan
regarding electors aud elections
he said not one of the eminent lawyer
who visited New Orleans during Noven
] Der ever thought to suggest to Gov Ke
logg ought count vote which was now col
il struction sought be put upon statutes
r state, Mr.. Evarts argued against autho
3 ity of congress to interfere in the affai
of state and said our forefathers were
&c Jealous of federal power that they wou
i not permit introduction of the federal Fl
te ger in state elections, and forb
to the election Of federal officer
ne It was a monstrous proposition congre
could sift and sift aud discard and diseou
S. and destroy an election in state. The
D. position in tie Florida case was unehan
ed Ia the absence of necessary legisl
ton there could not be revision of q
Y count. As to the claim of the MeEne
nd electors acting without color or show
authority, neither McEnery or bis electo
having been iuducted into office. their {
elT Ell ton was wholly void in support of IL
ee proposition he cited numerous authoritlt
ew On the other hand. suppose Brewster a
Levisee had been ineligible, there Was