New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-05
MR. MrRRICE,s ARGUMENT.
pOWTR 10 co BrHIND TIE CERTIFICATES.

POWER TO 60 HIND TIE CERTIFICATES
At u o'clock the court took a recess to
1890 when the Democratic side OF the question was
opened b} L. r. Merick Of Washington His argument
was to the following effect
That proposition Of law a. unGcrsand l. is: Wat
generally. are The powers OF ms tolh!i-I'nt VIA
Gonct il competent, III addition 50 mat now before E"
fer counsel 90 Offer 20 INTRODUCED FIRST thcn as 10 !he
of fliS Commission Tie org me dc uhdtl N!ht!
lbs Commission has been established provides thar IN gu
rases Of d.u,te tic Commission snail act with al tie
powers OF Congress- aud in each ease may take INTO
a"v rs sb. by The CONSTITUTION and now existing law
IT, connect and pertinent in slcn cOuSlueralloh' AS
the rcgu its OF The testimony, presume tn.ie WIZ
be no question Tire committees sent ont by Congress
gathered o. aud reported II. When objection was made
10 the counting Of the votes from that 5j"e al inc ne
they were opened by the PTtNdc {! ,lt 0i'' III ,,S
presence Of the two houses an pursuance the 0G0ri ot
Tie BILL tie certificates nom that state bei1S ,'t Ia
lumher VITA the papers actyihp' ~ te ~ At -
and tho obi, lions and evidence that Ia been thh ny
tie committees of Congress III reference 10 the fcSN
and legality OF that vote were an uau>ih''u 20 'H!s
Commission. respectfully submit that ihat re IS
transmitted by those houses in Joint session 10 inns Tom
mission when Possesses ana is 10 exercise all lc power
sumo that tbcc can bs no question in reference to the
regularity of that testimony. 50 far as am 'iscd
fa' nv w, len NE MN Of o,lo irqjrGt5 was served upon
what been called the Hayes electors which the cJu-
rms evidence when has been sut to the Commission
bv the two houses OF This cauactcr: First there IS
tie vote t1a mclOscd in the certificates retained
from the state OF Florida. TuoIe were three crtihcacs
Tie first being jhat accompanying The return OF the
votes the Hayes electors. Tie certificate ~ The Gov
eruor given to those electors. HE second ceI.hcae
vas accompanied 10y tLe certificate OF the Secretary OF
STATE Of Florida and the tilrd accOGlaied %" ce-
lain judicial report, which, under tue express language
nj he organic act were referred his booty fpr it, con
s.delatiOu. The other TESTIMONY vas e<tlh'c TO NcH
have already referred taken b.! that commit 90 ac,
ior dcr the authority and il obedience the mandate
OF Congress II We were Itquie 90 10 rcp,at ne eHr-
OF that committee under iIo authority OF thl' CON
mission I'd retake that evidence mere Would prof" y
S Sf no OF Gi aoss 'Sa TS %'s and do possibly no
would be prOpounGed that was not propo llcd py one
Fl flt To Ia
and now before this honorable b9iy. l..
The position OF one otuer SD Is that ihi' commission
light behind tIc ccrlitga! OF GOV si'ams Carry
Ing Ou the position assumed by me OlJrot"lb GU we
other side, would follow that N reference to the
certificate OF Gov StearHs OF l".it NrcN o"H' NM
SCI had su'sGlrrhu! 20 ne 9aIc @! tnf conn G
before the Two houses oi tViIi,S III S'yAc.o'" una
error IN that certificate corrected II could not De doac
Whence does TINS ctiuhcate CtrNc us Ai!a1! GhIiy
EsnciNy by the "ct OI tGH-I's' oec' 4' VI ti,
Vsed statutes, II Is provided IA follows; 1T sha!I nc
The 0uy OF the Executive o! cdcl state 10 cause t,c
Ists Oi lEc hdnts %! we 1-tCt"I' % .a. 7''5 o. ~
ana ceIhot ana 10 ne ue!i'C'tu 10 ve I'tyLi on
bcioit thc Hte OH Mi,i ~ ''V iHii' ~ M r.
eeeu- 49, - ',; c.,titiate sSaii H., con"i1sivc
dH i 80 I'M, Cr - ,ri,in maxim II man
thiueLVc - Al! -. ~ - 7riitc.t ~ wa.
Ia, "a, he r1,y,r M C,,r,. f make il ,apd ator,.
Mon Inc GoyrIr 10 issue thai certirIte and II il was
~ linn, tsc ,o,ysr cf C,rr,s 10 make il ualdt pIv
mon he EyrcIriye OF the STATE to issue lat cciifrac
otn ' ~, i1 80. ,,yr nj ON, res. in sav ibat Inc cc.
,,.ioSta IL i-.',G5 sbonl6 be conclusive
There are Two propositions hrst whether Congress
can on tie question au electoral vote institute
or ma nanny and take testimony. going behind the
ne % IL
40 tot own motion while
IN 10 tbr rconlaIity of The cc,e,t lie Thai Is
onr 0ue.Jou ana a very important one Bat there is
s",tt,rr nucsfiou fatally Inherent from that which IT,
S'hfbe, Inc TWO houses of C.ug1cs. comm 81 yuCd -
,',nni,S inIo the electoral yoie and TO ascertain
49, ct. Nil, he coupt,d can receive evidence fur
d ~, i. LAT, itsnlf i'm rrCreuc 10 be ctri .se
,o,"b ~ C,c-o, = NAV have iycr I.crr 4. q g,i1c
d9er4ncc i'm me two eases. 1 respectfully submit
t!1t n lie power does not exist III the two hoiscs
of Congress az a primary and original
mower. repeatedly to take testimony going
behind the ccItcaie then the power must east ia the
saLc to correct corincae OF ID lmpcdch D. Tor maud