The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-08

ludicla, lhv estigstion upon 9a0 3-.FrrInt.
II you aE- male superior canvassing
board 10 determine whether GCverno.
StearHs ce:tltca.e 20 the efFec, tina,
electors Were appointed Is valid. tho.
you are nothing bu, = returning boar
: surmoun.lng tue former returning board
/ 20 see whether the returns Justify the
: certificate. This q~g uarrahto suit. IS i,
becomes the subject of evidence. is q
matter OF evidence. That declared al
solutely on the petition Of the Tiden
electors ths. the Hayes electors are in
possession o! that faculty Of office, OF
wia, not /. may be. AMI are exercising
Z. They ask that inquiry may then
I proceed in due course of the law, bring
/ ing them IN only By the process Of let b
OF Dee, long after the vote, 10 inquire
whether tina. possession and that exer-
else As q matter of right between them
and The Hayes electors, il or is not ac-
cor1lng to Jaw and truth. We have
i the Governors certificate. ami be is the
very man that passed for the State on
that question, which furnishes the right
i 70 meet and act; that this is the list of
men that were appointed. These GER
titicates. under State law. form no part
Of the return to the President OF the
Senate. but when the same Governor
executes, under the Federal law. the
same duty under the same evidence, We
have the certificate without the produc-
tion Of the sntecedent one Now what
are We 10 gather in respect to the
stage Of this transaction at which the
deposit OF the Federal vote for Presi-
dent by the qualified electors took
place: 1t is their own vote They are
not delegates to vote according to the
instruction. Of their State. They are
not depu.ed to perform the will of any
body. They are voters. with the free
exercise Of free choice and authority to
vote or refrain from voting. and Of
course neglecting duty, and TO vote
for whom they please; and from the
moment their vote is sealed and sent
forward toward the seat Of government,
no power in the. State can touch it, ar
rest it. reverse 1t, corrupt it. or retract
II. Nothing is to be done except TO
count 1t. aud count it as It was deposited
by the electors. At the present election
800 citizeus in number, are by the Con-
Nfitution. made electors. with quaitiea-
tious dependent upon the action of the
state. Ii the State does not act, there
are no qualified electors. Ii the State
does act i'll whatever way, that is
the he all and the end all The States
action upon the time that the vote is
east. is the be-all and the end-all Of the
qualification OF the elector. He is then
qualified elsctor deposi:ing his vote to
accomplish the purpose. and that vote
Is 10 be counted when the votes are col
lected. Now. il is an absolute novelty
unknown in the States. unknown in
the nation. that judicial inquiry can be
intcrposed to stop political action. You
do not entsr with judicial investigation
into ballot box upon the suggestion
that II has been stuffed and stop the
election until that qpo .carranto is nm
ished; then wte,. you get to the first
canvasSer stop this connt from going on
because 1t is false count and have the
court decide, and he, with the county
canvassers, stop their transactions in
rapid progress to the result aimed at,
to- wit. 10 the filling of the office with
quo rdrrdnto there and then ia the
State caNvass. and then here. 1t is All
absolute novelty The novelty Of the
situation produces stranger results
Never bt fore mas there been retarda-
ton of political transactions of count
ing All election, and to accomplish that,
almost a miracle has bceu needed, for
the sun aud moon have been made to
stand still much longer than they were
for Joshua in his conflict in Judea.
And yon will find that the attempt To
bring judges do not speak of judges
In the official capacity that some por-
ton Of this bench occupy in tke SUI
preme court. but l mean judges Of the
nature of its functions aud exercise
into the working ofthis scheme Of pop
ular sovereignty in Ks political view
will make it intolerAble. will defraud
and defeat II ~ the nature of that in
tervention no. the character Of the
particular transaction Of the judges
till the government IF Judges will have
superseded the sovereignty of tho leo-
pie. and there will he no cure. no resort
bu, that which the children Of Israel
had, 10 fray for king
Evarts concluded bis arg ument al
l2i5 p. NJ, having spoken one hour
and thiriy-five minutes, aud Charles
OConor proceeded t. address the CON-
mission.
He said: In reference TO the inquiry
within reach of the commission that
the council on the two sides stood IN di
rect conflict. lie claimed the commis-
sion had the right by just and proper
means to inquire what was the vote of
Florida. while tbs OF her siie maintained
i, must accept the returns certified to
by the Governor. The powers of the
commission. he said, were fully ex-
pressed on the immortal paper Destined
H. pass into history with the action Of
this c0mmiss,on-the electoral bill
ami il ha- the same power IS the two
houses acting together or sinly, and this
brought the question. what were the
powers of the two houses, acting sep
ara.clv nr together. touching the cleo
tlau Th : ~ power. worthy # the
name. rcstes IN :he President Of the
Senate. is pslpable Oh reading the Goa
sti,ution He had only the power 70
present himself before the two houses
AMI open the PACKAGE lie had no
right IL open them ST any other time
He had no power 10 inquire O! ~ take
testimony, ar 10 inquire into them.
His duties were merely c.encas.
The Vice President was required 'o re-
cesye the certificates They were L.
+, ar un c.rinarks II designate what