The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-06
THE PRESIDENCY AT STAKE.
.Ux dRGUMENTs ON THE POwERs OF
THE ELBCTOR4L TRIBUNAL.
nr. Evart. Contend'rs that they have NO Right
10 60 Behind the Governors Certificate
Mr.. OConor's Powerful Argument show
r>s the Inteunblcness OF this Position.


p~s the untennblcness OF this Position.
WASHINGTON, Feb. 5.-The scene in the Su-
.rome Court chamber to- day was very impress
sivo one 1t was dcnsely packed with distln-
ruishcd audience before the hour for the
tribunal to assemble had arrived. and all Jay
long there was constant pressure for admit
hncc. Senators, Cabinet officers. Representa-
lives, aud their wives and daughters stood for
hours packed in the throng of spectators at the
rear of the counsel tables to listen to the argu-
mcnt of the two celebrated advocates who were
dosing for their respective sides. The argu-
pcDt of Mr.. Evarts was scarcely what had been
upctted from him. but IL was nevertheless an
nhc effort. He spoke with unusual dclibcra-
bon-so slowly indeed that rapid long-hand
writer could have written down every word he
spoke. He emphasized his words curiously,
drawing them out. seeming to pronounce them
syllable by syllable Moreover. his sentences
we're occasionally involved full OF parcnthc,icnl
rmnrk- making IT exceedingly difficult to fol-
low him. On the whole. however. his argument
vesa ilnr piece OF ANALYTICAL reasoning notwith-
Standing II proceeded on falsc promises. His
assumption that the Hayes electors were de faco
pos-c-sors Of the power TO east the electoral
yOt,s pf Florida On Dee {. 1876. and therefore the
ooo wUrranto proceedings could moi undo thcir
sts. because the judgment Of the Court was
Subsequent thereto. was destroyed 10y his argu-
ment ON another point. He con,anlcd with Mr..
Matthew'S that the choosing Of electors was not
complete till the Canvassing Board had rassed
spon the returns from each county, or in other
words that the act of the people of the State was
inohoate till the vote Of the State was consol-
dated and promulgated by the canvassing OIL
srs by parity Of reasoning il must follow
that the act of the electors is not complete TIL
their votes are counted by the two Houses OF
Congress.
Again. another point on which he dwelt at
considerable length. was that Congress did not
possess judicial powers. and could not confer II
upon mixed tribunal like the Electoral Com
mission. because the Constitution vests judicial
powers in the courts alone. II this be sound
reasoning then the Canvassing Board OF Florida
could no, bc vested with judicial powers 10y the
legislature OF that State because !ts Constitu-
ton provides thnt all judicial functions shall be
vostel In the judiciary department Of the State
Government.
The effort of Mr.. OConor was somewhat Of
disappointment TO many of his listeners. who.
from the great fame he has won an advocate.
were led 10 expect magnificent display of
forensic cloduence. The argument however.
Nas u mastery one and was replctc with cogcnt
reasoning. He struck out on an entirely novel
line OF argument in his Interpretation
Of the twelfth article OF the Constitu-
ton. by claiming that the. word certiil-
% Ss teS ,h seSn dns m I'M IN tbs sr
ence Of the Senate and House OF Representa-
hyes. open all the csr'liieates and the votes
with great skill. and displayed wonderful pow
ers OF analysis and great cngon,y OF reasoning.
He met the argument OF Evaris and Matthews
In regard to the quo warranto proceedings, and
showed by Irresistible logic that the act OF the
electors was not completed till their votes were
f,.s, veb ty ita a.
counted. and hence their casting their votes Tor
hsy,s was ,n not An a,fiomp'Mincd M doed done by
flashes Of his ancient lire. and his clear ring
Ing. metallic toned voice seemed 10 pierce
noun,s'd the act of Gov. Stetrns aud his crca-
lure- IN Florida as IA INDUSTRIOUS and unblushing
inr ial on is the pMrt w Of he hst snadieue S'a.o
sensation. though quiet and unprunOun 'od. "a
Ne great ndyocates thrilling senign'e was con-
cludcd. With the exception OF this the court
room was Us quiet rs the grave throughout his
hour and forty minutes speech.
MR.. EyAErs's ARGUMENT.
sdsI o the commi-son in directng ihc attention OF
ssSan- .Ss oa, or ih,r censids rau.n iiTse loc.'
ms'qn amy evidence can be received ond that di-
sh.eh opened ly The President A.. senate in he
pe,e of the two lfou-es Congress and which, under
I'd % ,hi' semnii,'ion eSgd, il any e-,.l le rseei,ei
usn c certificates II anN, isnow before The commi.,o
rh di-po-e q The ia,t ug 'tion gis, ~ order OF The
press our ,ews aud win think rc,ir, but lille con.
aae S rom m Ie re M n y Sf mn ~ ,g c2
.n Sn "a ss G Pa.Sg M 1n & Tsss SSgne n1 & e &
gc ee'uieate ani obgcuons here, are already e,i-
p.cla.c, contain What dcsfss Of sGthcHdciy. ~" or
ass,%. % 81 iss' M NJ gs silsn 70 % mem g nr'ar
SnSn.Nn to Us and atown to q, e;~mi''cn The
.hal'ser II ma, be-, sanleei unio9bl,diy " the Dis
son a. not pertinent and not important,
sn,Tfdiore, Tfiore L., @ the -, ~, Son,ni,i,Sn, ,, ,hat ~
ue nr,t certificate A. matter ON which Ne objection was
ector Oh whch he "H,ct" lie i6s ob'ectcr, thcTeby
makes part Of The c,i,nee btioc ie conin ',lo,
except a, against occios lat prevail Ia cir act, and
Si soa s"uS % sSV To Gsas INV a. ~ III. s ss
ssRGe e. Gy By "s."a1 AZ, rn1' S 81 mai
sdnSt oxb. 9bi III win o eoar m ns hins M E
court II there were no objection the cas- said 10 be pro.
tdi pf the eNercie oi your authority j. not produced
u the obccuoni is made. howeser inarulcino or hnlcr.
limit and provide The i-'uc, and lie law upon which
Your riioion ri'nche, Is pure fabrication out of at
As. Certainly. ii volunteer olgooors on one
the ,9us, and adjucc lie e'iicnes aud make up the
ls.-a- Of iac g 4iece II would Ie ,uahse eelmit
T,ni great "u.h9nl. 70 Casual 10 ia,h u di'inse,
ntn 'o1so 'udns 80 uth, tlink, 'nlrcll a.,po'cso
,s s l,,u.l oi Nn1t u,ii, % !, ~ e,. i'S X r,v' ine
oiau' House Or both Houses Of consr' an the ,9ac
lro S N a.s ," =, Hd ma i ase@pted e, ; &
ieeSi y Il ars,r i Is nioidgG, sler i j. undcrsl"
alr h, claim i sCfut4l1ed ANA opposed Isl que ,un
1ss Any cSaeo i9aS dc ccradat M % ca 1iG,S GS fe
10 sa, eac1 ~ I e st ls ,e , , " be1e l,
ha" h'n oNcras by some Hstuicno,s aud .one diligence
td ny-yh uion uiiniedgd ~ the lnquiy a. open 10 me
ny, What lt}ond Tie eeTuleaies opened by The Fred
.ln enabled B, the memorandum presented by tiq
shnfa,"', lho One, and elect q eAuaeoa' en4c4ct
@ s.", u H. ,Ario' a. W.sh' BE-, Mlhh W. p9"irs Hl ~,
snnM "lyi a. -rti hn entertain, ~ H. IN We hr,l