New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-16
TIE OFFICIAL PROCEEDINGS.
MR.. EVARTS'S SPEECH.
THE POWERS OF CONGRESS-.

nor 1910 Xyoud be accented When Mr. Evarts TO
speak the seemed especially crowded great dc
raand for admttance being made and the number OF
ladies being considerably increased. Mr. Evarts adj
dressed the Commission and spoke 70 the following
effect:
The Constitution has undertaken to Determine that the
State shall have the power TO appoint electors as is
can disparage that rls OF the state iha
& rs M 5 for there WAS MOI Federal TO
Give it, The State Louisiana stands in this behalf as
one q ' Of one OF tbe original - States in the
eiection OF Washington is the right of Louisiana
fore II is not TO 90 measured gift.
The Government eonfers nothing upon the States the
Government into existence by and through the
states ard their people and the arrO-aton OF author
iy IS primary the state AID Is IN the GeeiS Gov
oMcnt only by its allotment Of the terms oil the Con
stiutlon and there is therefore the 81 lie method %
construction ard Interpretation IN drawing the me,
and in main tanning its dcIeases Ia this mater OF elee-
w S " has in mis- m ator of eleron OF
President by force OF terms in the Constitution
Whatever the State has. it has upon the same terms
Now is for repeat the arguments made ny
Iay Learned Ass 1eates well. and by far rs could
aid them in the general discussions which were pre-
there presented before this Commission matters OF
consideration about which, rs tiey were open chely
for youf inspection and necessarily form part OF your
GetiImlnaon there question. mean the papers
opened by tae President of TIE sen.o accor
Ing Constitution, in the presence OF the two 0uses
OF Congress- They are before you under the law OF
1877 they were before that Assembly in that pres
1877: and now the question as TO what more
Is be before you Is question under me Law OF
1877 as interpreted by It's terms III the light OF he
Constitution the United States. |; mas passed beyond
dispute. We did not dispute II IN the fiorids case bu'
il We are to receive the animation OF Mr. Juste baa
ley has passed beyond dispute III y0nr own delinela
tios as the Of all that You have
the powers that the two houses pave 10 te aCt u Trans
action Of counting the votes and no other powers .
consideration IN determining what the powers
Of Congress were in this mere p Y|s. wae
MI Field in behalf OF the House Of Representatives,
proposed to you that yo1 Ea1 II east tht pt"cIS O
ard precision uat proceed from hs statements ,lcnaideo
the authority; insisted that otherwise lhe CORE
excess authority would bo reccsS, ana yet III tr
nature being fostering wounds IN the body polite would
mands were answered. and now without one particle oil
change the law the Consultation, or the area % tS
the houses OF Congress- through their directors and by
n"it,9ns' that You have no Judicial power whatever,
fnat we were OiC right about that; there cOuld Ot %
ANY judicial poscr outside OF inferior TO the Su
prfio Court, judges whereO! were appointed DJ lhe
Prcsdcn. and confirmed by TIE senate ana hcld once
Tor lie upon stated compensation. Why Nigh; We rot
have been saved The formal diseussiOni IL We are 10
enter upon this with my great trust Ia us SouhdhcS
or pcrancncc obedience to the rulings OF this Commits
son, requiring tins shifting OF ground III oar ace;
would be respectable support for tie naueuVefi bat
have heard that gwen aS reason Ihe afs1Len IN
tue Florida abandoned and al independent ana
Inconsistent one proposed Auie'
WHAT PROOF IS OFFERED.
sfr Eyarts then passed on to The consideration OF the
Democratic offers Of proof He said;
What then the offer OF proof The first certificate
in itself every certainty End every conclusive
Credenal that the laws the Constitution OF tie United
States Of Louisiana, prescribed THIS Ger
tntae also dScOseSa spec1l state Oi lacts co1c'IHs
r,Cvsier and Mr. Levisse, who were voted for ami
elected. but did not appear at The meeting OF the electors
thercuon reelected and took nor seats ia Inc
Electoral College do NOT need 10 discuss ~ al ne sec
Ond or McEneiy certificate. What proof then, Is ohrred!
In the first place, The ohtis OF PROOF GO hot sth any -
them dsparage the truth OF that certificate nor 10
!.icaeh tLc transaction which Is shown 10 nav taken
therefore, any element Of proof that Is TO separate The
Governors certificate from toe EjGss certified, or Is to
dspaTagc the Governors right TO ceIuiy unuer NC Con-
stltuion OF the United states, these oilers al PROOF eX
prussy condition OF tbngs, anu plant them
selves wholly ul0n something ahteceuchl III lhe tate
transaction 10 ins action OF the Governor aud TINS ac-
ton The state which produces the recorded result on
which the Governor must certify.
When YOU come their offers concerning the dis.uaN
lcatOn 81 l. vi-sc ard OF Brewster you VIII observe
that there least proposition at OF the SIN day
81 ccnlher. when these two men came into The ol,c
tue H"It e, ~ ~ i,ond ard I,ad, NJ
record m that Stayc thai ~ the authority nstcd with
final act OF evidence ana eerihcaon these electors
did receive mJoilly oi tbe iesai {0,e3 y s S!v o.
lcnty. but then done. Tie act was contaminated
and yon relieved therefore from any Insurance OF
tins definite ana limited proposition ~ whether Al y
competent for me hOuses OF Congress 10 penetrate
The action OF state and determine first whether
forms the real facts OF ne election as Geuci6s
through steps from the depOstiDg o1 the NO!eS
III The ballotbHXes ana secondly, WIetner they coz
formed 10 legal authority.
LAW on 1868 REPEALED As TO CANVAssFRs.
II is necessary for u.s. them before we can approach
definitely the consideration Of whether any OF this proof
can pe offered 10 understand at least what the laws Of
Louisiana are; and it will follow, If we have any right
here consider the conformity Of the action II the can
yassng officers or any of the subordinate functonaries
IN the election or any Of the themselves that
law that should see, at least upon what statute or
statutory enscments these DIRECTORS seek 10 base their
question Of the action had in esc separate departments
of the transaction The hist Of these acts is found
page 2fs OF the laws OF 1858 and is numbered
lGl. IT. title is: eatisc TO ELECTIONS III the STATE OF
Louisiana, and to enforce Article lC3 Of ne C3nStnu2a
1s6s but 1t j. reproduction of certain sections 81 tc
said That unsei had suggested yesterday that the law
OF sGs and tn revision were precisely the same Dur
ing nay argument Will show exactly how te matter
stands NOW there is another Jaw Of 1868 the general
election law TO enforce Article l03 OF the Constitution OF
inc STATE There il another act, emitted Relative to
Presidential electors that contains m It's first section an
atnbutoE OF the conduct Of this election under t gen,
and conducted the manner and form provided by law
for general state elections Section ~ OF the general
That n cvcrg year which election shall be he'd for
such election, hed the TUESDAY next alter te INST
Monday ~ he month Of NgygmeeI "a onTnyed Jam ~
lao sucl election shall be held ana ,9nduo'od ia 'he
Now IN this Presidential Electors act there are Two
PROVISIONS which do bear quesiions that We are 10
iny aud canyassIg tic election held last Novtnber
they were in force ana will ask you attention 10 'he
mat immediate si's The receipt Oh ts T'n ,b rO rHrDs
the AttOrneyicEefal ana District JuEe
which the government may De tstGD
Hd or apv Two OF thcfn shall the returns ana
tsrrrtu thrr,rOn the persons who have been dy
electors. -,
i, tucIe arc certain dminstratiVe PROVISIONS not
fo,nrt.,nL Then the oil hth section II follows:
Tat sny one Of the electors chosen by he pos
s s n any whatever 10 attend ri the hPp"lnte
uaoa a. hour O'Clock IN Ol the nsy PosrD,' ol
- n,euc ia shall The duty Il the ether electors ule
ry TO proceed by authority TO supply the vacancy OF va
armed that Il WIS wholly unmateral 10 me piaclai Pc
f of Tins case whether You held that law was Repeated
or whether you held thGt II In force lie sad that
if n w9s reDealed 70 carry down the canvassng
stlon The section being carried down the power TOM
LII. MI fNN1lN ntiInI he MtI