The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-06
WASHINGTON.
Proceedings Of the Electoral
Commission.
Speeches Of VIM. M. Evarts
and Charles O'Conor.

WASHINGTON, February 5.-The an
nouucsment that VIM. n. Evsrts and
Chas. VConor would make the argu.
ments to-day before the Electoral Com
mission seemed TO imPel everybody in
Washington towards the Capitol, and
long before opening time q surging mass
besieged the doors OF the Commission
chamber seeking admission.
Judge Clifford soon after called the
Commission to order.
The Journal being read, Mr.. Evsrts
began his argument. The powers of the
Commission he first considered, and said
it was suggested that certain packages
of papers brought by the messenger into
the presence of the Commission were be-
fore it as evidence What those papers
| contained was unknown to coun.
sci on his side and unknown
to the Commission. The claim that
they were before the committee was bas-
ed on the fact that they were mentioned
in one of the objections. The objections
were not pleading, but simply the act
upon which the reference arises. 1fvol.
unteer objectios on one side or the other
could make up packages the action would
be singular and not in accordance with
law. As to whether the evidence before
either of the two houses is transmissable
and may be laid before the committee, Is a
question subordinate to that whether any
could be received. He reviewed the
propositions aubmitted by OCeuor Sat.
urday. The extraneous evidence pro-
posed was not to show that the certIf
cate of Governor Siearns fslsited, but
to 90 into the record, and to say that
somewhere between the deposit OF the
ballots in the bsllot.box and the county
canvass, or between the county and
State canvass there had been mistake or
fraud; that somewhere in the process of
the election from stage.te stage there had
been matter for Judicial inquiry.
Ii Justice tolerated it, or the powers
of the Commission allowed it, it would
carry the inquiry into all that related TO
the election; that the certificate Was in
accordance with the Acts of 1872, was
not questioned. Nor was it proposed on
the other side to show that the facts as
certified TO did not exist by any intrinsic
evidence. 1t was further proposed to
introduce evidence to show that Humph-
reys was q. S. officer. This was mat
ter of suspense, for it was the rna.-
ter of discussion at the meeting
of the Canvassing Board of Florida, aud
he read the testimony .of Humphreys
that he had resigned ten days before the
election. His resignation had been ac-
cepted and the duties of his Office were
discharged by the collector of the port OF
Pensacola. There was squestion whether
the two houses. at the time of counting
the votes, had any power now. under
law, for Intervention vi the proofs.
speech or Charles O'COnor.
Charles UConor followed Mr.. Evarts.
He said
Mr.. PRESIDENT AND GENTLEMEN OF
THE CoMMIssIoN:-In reference to the
question, "W hat elements OF inquiry are
within the reach of this Commission
the counsel On the other side stand in
direct conflict with myself, and the issue
formed between US is this: We man
tain, is representing what are called the
Tilden electors, that this tribunal has full
authority to investigate by all judicial and
legal means the very fact, and thereby
to ascertain what WAS the vote OF
Florlds. On the other hand it is
claimed that this learned commission is
restricted merely to the determination
OF what may be just inference from
the documents returned to the Presi-
dent of the Senate from Florida.
Mainly reposing themselves, however,
on the proposition that. they are in office
de tacto, without right, but only the
color of it, the advocates OF the Hayes
electors claim that inssmuch rs these in-
diyidusls cast their vote when possessed
of some document which gave to them
the color of claim and OF right
to that office, and to the
performance Of that duty, the
fac. that they acted on this color, and did
css,. of their own motion, OF their own
personal will, through their own righ. Of
selection, votes which one seLt here rs the
votes of Florida, completely precIudes all
INQUIRY, and that it is impossible for any
earthly tribunal or any individual 20 H.
ves,igaie into or determine the invaiidity
of their claim lis issue, thus, as l
trust. not the narrowly stated, gives rise
10 the question, what are the powers OF
this committee? Those powers are dis
tiuct.y, fully and briefly expressed in
this admiral document-the electoral
bill-desuned 70 be immortal,
IN The honor Of those concerned IN its
preparation, to pass into history with
YOUR act, as they are expressed in lines
7s and 10 OF the House bill-"The same
powers If any, are possessed for that
purpose by the two houses acting seps-
rstely or together" You have thus,
ana thl. is the test Of all the powers Of
these two houses which could possibly
ex,s, under the laws fixed IN the
constitution and in pre- e-exist.
ing st,,utes for the purpose OF
your determination: and this brings Us
to the question, Whist powers are pos.
sessed by the two houses separately or
together in dealing with the whole OF
this question touching the election a. It
arises, or facts which exist or which may
e1is. and may be proven. Mr.. OCon-
ner declared that 10 power of any des.
crip:,ou, deserving the name Of power,
to investigate and decide resides in the
President of the Senate, and it Is
mos, manifest that be has none
bu, the merest clerical powers,
nor any ability To do anything except 70
open the packets; but when we come 70
the prescription that there shall be q
count We are not told that there shall
be q coun, of sll certificates, or Of certif-
Gates, or of anything IN the
certificates but that there shall
be . count Of the votes. This L
humbly submit, introduces an implica-
ton that by some power or somebody,
from this MAS produced and physicsiiy
/ laid before the Houses, there will be an
Investigation which the nature Of the
case may seem 10 require In order 10