The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-09

Contulneu III tne package OpeHeu ny tho
president of the senate. The papers we're
in turn reviewed by him as to their charac-
ter.
MIR. Evarts closed the argument on the
republican side. He said the evidence re-
garding Humphreys holding office fell
ehort of showing that he was in office at
the time of casting the electoral vote, and
that the burden of proving it rested on the
eide that made objection, and that counter
prco' showed that early in October he had
received from him letter of acceptance
and instructions to turn over whatever of
public means he had for the exercise OF the
office to the collector of customs, who
would discharge the office, aad that the
c Jllector had at the same time been notified
by the judge that the office devolved upon
him. Was it to be pretended that under
the law there was any power to hold an
occupant of q civil Office to the perfor-
nance of its duties moment beyond his
will2 The authorities were clear as to the
right of citizen resigning an office even
without his resignation being accepted.
All that was necessary was to make
public vacation of office. This matter
being disposed of it only remained for the
commission to determine out Of the materi-
al OF three certificates what and how many
votes are to be counted for the state of
Florida. The first is subject to no criticism.
No fact can counteract this vote. 1t is
to be counted, not because it is best, but on
account of the absolute fullness of its title
in complying with all laws that have been
imposed by congress, concerning COM
plete verifcation of the certificate. The
fact certified is not gainsaid by proof (for
1t is excluded). There was no offer of
proof between the fact of the canvass hav-
ing been closed and recorded and the gov
ernor's certificate. This certificate, then,
includes with every degree of certainty and
assurance the votes OF the state of Florida
There are four votes here and there is room
for no more. Evarts went on to argue
against the second and third certificates and
said the attorney general who authenticated
the second certificate had no more
right to do it than a mill
tia commander had. As to the
third certificate, signed by Governor
Drew, it was a posthumous certificate
(post norton action), not proceeding from
any vital or living college of electors but
only by galvanic agency of an interested
party, the purposes taking effect after the
whole transaction was ended. If such a
thing could be done then all the care and
wisdom and contrivances that were taken
to make this transaction of the states final
at some point were to 60 for nothing, and
where there were new officers, new inter-
ests, new legislatures, then all the powers
of the state could be corrupted and defeat
ed. What, said he, are the claims made
here7 That, by lawsuit in the state
courts, the states complete vote is to be
reversed and that when judge of the
state court has 60 decided the United
States supreme court must make low
obeisance to Judge White and say that
Is the end Of law; that is the fiat OF
the state. Well, suppose that we do sue.
coed in counting president in and sup
pose that a quo toarrdnt0 is started to prove
that the president in the seat should be
dlslodged because some OF the votes count.
ed for him were not cast by de jure elect.
ors2 Then it is proposed that the decision
of state court is the "be all and the end all
Of this inquiry. What sort of govern.
ment, what sort of presidency, what sort
of muniments and protection, Of regularity
aud permanence, of authority under the
constitution, are provided by the scheme
Of a perpetual four years dependency on 9
quo toarranto in the state of Nevada or Of
Florida? You must never lose sight of the
matter that you are to advise what votes
and how many shall be counted by the two
houses, and when you have determined
that extraneous evidence shall not invade
the regularity of the finished transaction
of a state, you have determined as by {
| uOuUlC uSCloiOh tuat ~ NV w lhNud
ed. disparaged or exposed to any question
by theAmere certificates. which is its owl
agent and author, volunteer in disturb
ance in the counting of the votes.
Mr.. Merrick closed the argument on tn,
democratic side and said when counsel OF
the other side called attention to the dan
gers of interfering by legal proceeding
with the electoral votes as transmitted t,
the president of the senate, he had omitted
to call attention to the condition of tn
government with person stepping int
the presidential chair along a pathwa,
strewn with frauds. perjuries and crimes
into which the people were neither Above,
to inquire through their representatives il
the state or federal government. He ap
pretended that in considering the pictur
presented by the learned counsel, the com
mission would find on looking at tn
counterpart picture, it more offensive an
revolving to the mind and heart OF ever
patriotic citizen. All that was asked on hi
side was that the truth should be ascertain
ed on which the commission was to aci
and that when ascertained it should be
come in its results practical fact in th
history of the country. AS to the allege
ineliglbility of Humphreys he said his CON
mission been put in evidence and the fac
that he acted under it down to very re
cent date, and therefore the burden {
proof rested on the other side to show Thu
at the time of casting the electoral vot
Humphreys did not hold office. He argue
that until his resignation was accepted b
the power thst conferred the office, and tn,
fact appeared on record, he must be hel
to be still occupying the office.
Mr.. Hoar put case of an officehold,
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