The Morning herald., 1877-02-09
WASHINGTON
THE ELECTORAL TRIBUNAL
Examination Of Witnesses-Arg ent
by Mr.. Horric k.-Shellbarger
opens for the Republicans.
Peyser, the Ineligible Elec-
tOr..New Quarters for
Wells ana General
Anderson.

|
tOr..New Quarters for
Wells and General
Anderson.
THE SESSION TO-DAY-THE QUO wARRAN-
TO PROCEEDINGS PASSED OVER.
WASHINGTON, Feb. 8.-The Electoral
Commission re-assembled in open session
At IL O'Clock. The counsel on both sides
were present, with the exception of Judge
Black. The proceedings Of yesterday hay-
ing been made public, the journal was
read.
Justice Clifford stated that proceedings
were now in order under the orders adopt-
ed by the Commissions yesterday.
THE ELEcToR HUMPHREYS
James E. Yonge, of Pensacola, was next
called. He had known F. c. Humphreys
for ten years; knew that he had held the
office Of Shipping Commissioner.
Mr.. Green then presented the commission
Of Mr.. Humphreys, and certificate from
the Clerk Of Court in which tie commis-
sion was filed that no resignation had been
filed up to January "A 1877.
The witness stated that he had transact
ions with Humphreys as Shipping Com
missioner from some time in 1878 up to the
time OF leaving Florida, in August last;
| knew the man to be the same as the one
| voted for as elector.
MIR, Green said that was all the afirma-
tive evidence that they proposed to offer.
Mr. Humphreys was called on the other
side and examined by Mr.. Stoughton. Had
been U. 8. Shipping Commissioner. His
resignation as such was accepted October
9Th by Judge Wood.
Cross-examined by Mr.. Green.
The letter was addressed to Judge Wood,
at Newark, Ohio, and the reply came from
there. There has been no session of the
court at Pensacola since that time.
The testimony was here closed.
Judge Clifford then announced that the
whole case was now ready for argument,
and under the third rule counsel would be
allowed two hours on each side.
THE ARGUMENT
Mr.. Merrick said they had to ask the in.
diligence of being heard by three counsel,
and that as some important questions had
arisen this morning, the time be extended
another hour. The Commission granted
the extension asked, and at q quarter of
twelve Judge Hoadley commenced his argu.
ment. He contended that the tender of bis
resignation to the Governor in Ohio, and
the acceptance of the same by the Judge in
Ohio, was not an act of the Circuit Court of
Florida, and that therefore the resignation
of Mr., Humphreys had not been legally ac-
cepted, and that he was consequently at this
time holding an Office of profit and trust
under the United States, and, therefore was
ineligible as an Elector. He agreed that
the effect OF the disqualification extended.
not only to the Elector, but to the State
which appointed him. This view he SUD-
ported with quotations from the debates
when the Constitution was framed, holding
that the selection of an ineligible Elector
worked forfeiture of the vote to the State,
1t was intended to protect the several
States against the illegitimate use of federal
powers in any one State. Time had not
shown that the evils from federal interfe-
renee were any less than our forefathers had
apprehended. He said In 1887 |
five postmasters were among the
electors, and Mr.. Clay introduc-
ed resolution directing the Joint Commit
tee to inquire into this infringement of the
clause Of the Constitution. It was then
held that 1t was the duty of Congress to
take testimony and inquire into the facts.
The committee did not find them to ascer-
tain whether the parties of the same name
were the same individual, and as their votes
would not change the result the inquiry was
not carried out. But at that time tho idea
was entertained although the committee
did not so think that single disqualified
elector vitiated the whole electoral vote.
Judge Hoadley quoted English authorities
to show that in the eveft of the election of
IN Ineligible individual the election was
void. There was no American precedent to
The contrary, although there had been q
vide range as to the effect of such failure
% elect upon the other candidate. In
cases where the candidate
was disqualified, the election went back to
he people. In the Indiana cases the next
highest candidate had been elected, and in
,ther cases the party had been unseated
Without seating his opponent. The acts of
Congress indicating disposition to furnish |
remedy where disqualified electors had
esn chosen, as, where it was provided that h
he State might select new elector where t
ne disqualified had been chosen. The t
tate having failed to take advantage Of the t.
34th section of the revised statutes, hav- v
~ failed to remedy the non-election, there a
vas vacancy and one vote was, he
laimed, lost to tho State. He referred to fl
he decision of the judges in the late Rhode u
,land case to the effect that the ineligibility b
one of the candidates caused a vacancy, al
hich could be filled by the Legislature,
nd argued that, had the Office not been
lied, there would have vacancy existed
! that State. Florida, like Rhode Island,
ad ample opportunity to correct the error vi
i'd fill the vacancy, had she chosen to sc
7ail herself of 1t. 10
m
R. sHELLBARaER OPENS FOR THE REPUB- ne
LICANS. In
Mr.. Shellbarger followed on the other at
- l.. ,.,d, c,,oo hoo ri tha darision nf | mr.