New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-06
my TELEGRAPH TO TIE TRIBUNE. |

i
was abroad in the city that the crisis of the
Presidential dispute is reached; that the final
settlement turns upon the decision of the question
n to the admissibiiity of evidence. and that the
determination of this question would be largely in
! fueuced by the relative force of the opposing
arguments submitted by the two great New-York
/ lawyers. So the courtroom was crowded with the
fortunate posseSsors of tickets, restless throng Of
unlucky applicants for admission hanging about the
doors il the vain hope that something would turn up
t. gain them ingTesS. Never since since the Senate
abandoned the chamber to the uses Of the Supreme
! Court has the simple and digni!ieI old room con-
tanned a. distinguished an assembly as that which
gathered this morning Not to mention tic eminent
members of the Commission and the famous
advocates who as DIRECTORS from the two houses Of
Congress or as counsel were present, the audience
contained many men of mark. Secretary Fish,
/ Postmaster-General Tyner and Secretary Robe
son represented the Cabinet; Senators Ferry,
Dawes Gordon. Boutwell,, Logan, Wither,. McCrcery,
Cameron burnside, Coukliug Maxey, Acorn, Ker-
nan. Paddock Johnston. salisbury. and Jones, the
S senate; and rs'n!a'ires. Erye Banks Hancock,
Fort, Ilo,kn,. Kask, Monroe, Brown, and a score
ofotheI, the House Minister Thornton, Senator
clecr Beck Gen. Lew Wallace, the Hon. Nm Walter
sucip,, cx-~enators Stewart and Iease, and
u1mJ,. OF leading editors and lawyers from Eastern
cities. Were also observed in the press outside the
bar. The seat, OH one SIDE a. the room We're given
up I'd the ladies. and among their occupants were
many Of tn. leaders OF Ua.hiI1 ,on society.
The Commission met az Il. and sat until nearly 3,
al the time being occupied b. the speeches Of VIM.
" Fvlrt5 and Charles O'Coror Most Of TIE audi
csee va, no Goul. disappointed in both these efforts.
f,r they were in popular orations designed
20 captvatc a large assembly but hard legal argu-
mclts appropriate 10 De addressed to a bench oil
irdgcg. lir Eyart.'3 STYLE was severe, technical,
uuimvas,o9eG, and deliberate. tie spoke so slowly
l,a De- ,irlt iaye been supposed 10 be thinking ont
his ar-umcut as he went along, had it not been for
tie so.G.tv and colcrencc Of his logic. He used
no notes. Al Lls c.iort was given it seemed toward
making The fabric IF his speech strong and firmly
woven ,hat it could NOT be pulled to pieces by his
opponent; AID he made 10 attempt to cmbroider IL
with Howers of rhetoric.
Stated in the smallest possible compass the sub
stance # N-. Evarts'S argument was as follows:
TIL. only evidence for the Commas ION 20 consider Is
fl9t which goes 10 the basis Of fact and record on
which the Governors certificate is founded. the
decision of the state Canyassers. Beyond this 1t
cannot TO- for if this boundary of final aeterElha-
tive state action be passed there Is no Limit 10 tIe
i,,c-:,.atiar until IL is a,certaincd how every man
voted if the Governors certificate IS forgery, or
# II ,ertihrs to fasrhood. the Commission can 60
hack II IL 10 the fact - be ccred that lac' j. the
finding of the lawful canyassing authority; the
~talc, own record Of the result OF Its ciecdoh 10
conclusive: there could exist no adequate power 10
c Lovord il that vould not of necessity be judicial
In H., nature, and no plenary Judicial! powers nave
Loau conferred by law upon any tribunal except
those inferior 10 the supreme Court; tAe Conl.is-
sion +, NOT a court. and Las no power to adopt
r,r. IL. u u
ri,lual.: q es9 irasYaa0 proceeding involves traI
lac i.y and the common law iHterroses barrier 20
rbe Commission assuming 20 90 into such IN issue
,s ~ the alleged ineligbity Of HumphEes, one OF
e the Florida erctor that has been looked III" %
,b. state Canvassing Board, which has examined
him under oath and found him % be qualified; theie
i-uo net OF Congress for ascertalnlng whether an
eIectpr il qualified or not; Congress cannot enter
tain questions OF proof; il d.squalihed elector
rossas the observation of the voters ana tAe glIcs
of the state law his vote must stand uhchdIehRe-
able: if the certificate should snow tnat the cIcot''
were Senator's or Representatives IN Congress- lei-
votes could bee rejected. because 40 element OF eA
,-,,,s ,roof would be- needed, but the dlsqIa!il-
cotinp wouId be a matter of ocular ana personal
lnovledce the nstituing of qa0 rarrdn'o proceed
iprs in a state Court while duly appointed electors
are performing their duties canuo affect Tie Legality
NJ tbcir action; 10 power can touch arrest
r ro,erc their vote after il is sealed up ana selI
fr,.ard The b3tt0m Of the system OF eIectlhg
President il that the whole business shall 90 loI-
ward without DELAY and the office be hlled at Iio
appointed time Ii every step III the process ''h Oe
numbered by judicial proceedings, the sovereignty "a
the people will be supported by government oI
Judges. and there will be resort but that "il'H
the Children of Israel hadtO pray Tor King AIler
citing number OF authorities III rows OK Ia"-oOoA'
on his table Mr. EyaTts sat down.
Charles O'Conor who had been an attentive
listener 10 his speech occupying a chair close Desl"'
HIM arose Ills haggarl. palid face, irlnged WIN
hand of white beard and crowned with snowy haif
and his large blue eyes Of almost prcternatural Dill
Toncv gave him something of a spectral appearance
There was nothing mccarthy about his speech, now
ever. II was dry, prosy, and lawyerliAe 1t lacked
tb. couuactness and grasp Of Mr. Eyartss address
and was not impclled by much intellectual energy
\, ope yould characterlzo it as "A mastery enort.
N.v.rtheie-= it presented in "A lucid aud compreheh-
sible shane the points upon which the llldel case
depends. The brilliant passages We're those Which
dealt ont nvecives but these 10 say the least were
ont Of place After graceful Introduction IN recos-
,tiop Of the di,,nity of the Commission the argu-
,,ept may he tbus summarized: Each House OF Con-
| yrrss has full power TO investigate the facts ~
to what was the actual vote OF tloroa' II may III
,titue any inquiry necessary to ascertain what the
result of the election the House OF representa-
| tiyes il the sole Judge of whether PRESIDENT mas
| been elected and the Senate OF whether wee
| President has been chosen; the Commission Is
nossessed of all the power in the matter invested III
Congress, and may go as far III its inquiries As Ii