New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-09
MR.. EvARTSS SPEECH.
THE VOTES TO BIZ COUNTED.


Mr.. Evarts closed the argument for the he
publican side He reviewed tie plan Of the trial ana
the certificates before the Commission, with the situation
as TO HUMPHREYS and expressed his view as 70 the ony
action the Commission could properly take IN reRru W
them BE spoke TO the following effect:
The wisdom OF the method and order OF TINS exa,nd
ton adopted by the Commission has fully approVsn
In Its execution The Intelligent ana experiences ~ H.
Of the members Of the commission saw AZ oGe
limitations OF it, powers ana the nlla.yu ~ @
subject matters the full discussion accorded 10 coun
sci and in the deliberations OF tae commission % G
ia declared this form and 70 TINS eject: tnat te ou
mission will receive evidence but VIII merely nsos
the certcates which the Constitution and the laws OF
the United States have authorized Tor rahsniisSoh,
which the President OF tie Senate has opened 10 te WV
houses The Commission has decided that III one p1r.
ticnlar IL will receive evidence touching the rgD Ol
one of the Florida electors-Humphries AS 10 hlLn-
plres, the evidence falls short Oh showing ta. thb
IN Oice the time or casting the electoral Vote'
the burden OF proving rests on the side tha te
objection The counerproo shows that early IN Octo-
resigned his Office In writing 10 the Circui'
structons whatever Of puble means ne hu
for exercise Of the office 10 She Collector OF
who would discharge the office and that the t0ertor
had the time been informed ny the Juuse tI
the office had devOlved upon him Ia IL 10 De peten
that under the law there Is any power to hod an occ
pant OF civil Office 70 the performance OF lls uuins
moment beyond his Wilt The authorities are clear
10 the right OF citizen resgning an Office without iis
resignation being accepted All that Is necessary " w
make a public vacation OF the office ,...,,o. .,,,.,,
Grafton understand that there Is no matter elt DuI o
the execution by this Commission OF me duy %
10 IT by the act Congress under which II Is orgdnzed
IN deermne ont of the material Of three certf
Gates what and how votes are TO De cou e Ioi to
state of Florida The nrst Is subject to no Criticism NO
fact can cOunfcveue this vote. Ii II 70 be counted hV
II s the best hui on account OF abs quite full
ness OF It's title complying with all laws mat nav
been imposed by Congress concerning the complete ve
ncaiou certificate. This certificate includes "iLn
degree OF certainty and the vote OF the
state Florida There are four votes mere ana lee
IL room for no more To make it, therefore, of
any practical importance Ill further dscus'lCn
there must he apparent IN the other TWO certhcaoS
either suoa displacement OF the first or such auhe
m
tutc the othe-; there must DO such production Oh
rival and competing certificates rs leaves the Conms-
sion in dOub and uncertainty to which votes ought 10
he counted Now as you VIII allow evidence outside
OF the first certificate bearing directly ON It's actia
affirmative Authenticity and sulcency, you VIII not
allow any sch evidence coa;eray on the mere resen
ton and supper; Of any other e-theate AS To me seu
ond certificate, the Attorney -icneia who authenticated
ii mad 10 IL than the militia COMMANDER
had As 10 the third certihcale slgned oY GOV De"
was posJhumOus ccruEcaie, poS'-lOr'eul acto. ho'
proceeding from any vital or iivlS college OF electors
but only by The gaNanc agency 81 HteIesttu pat pun
poses, taking effect after the WAClc lalsSclou Wis
ended II eucn thing could be done then az tie care
and wisdom and cOntllV9hcrs tat were 10 haA t i
transaction Of tie states final at some point crrDe
at point. IN some MANNER ana by some oucrt were
new in erss legislatures, then all the powers oil
the State could be corrupted snDIacted' ooScured' vi
what are the prodicous claims herel That by law
sun in q court tie olde'r complete vote 10 DE re-
trieved ana reversed ana that WH"I Juuee VI .Io
state court decided. the supreme Court OF me
United states must make low obesance to MI judge
White and say fnat Is tire ehd OF the Jaw tnat II tio
,t of the state" Well suppose that we do succeed IN
President quo
s started tat the President IN his seat should
be CsOd ged oil the votes counted Tor MN
were not cast by lie jiue electors then IL IS proposed
that the decision of ihe STATE court ihe be-i ana
the end-aI" Of this inquiry What SORT Oh "a Govern
ent what sort OF Presidency what sort oil muninehts
and protecfiOn Of regularity aud pe1nancncC Oh author
ty under The Constitution are prOvGed Dy schcilr OF
perpetual four years dependency on q'0 'rdrrah0 IN
he STATE 0i Nevada OF Florida You must never lose
sight uatter tlt you are 10 "d'se what votes
auu how many shall DO counted by the TWO HOUSES ana
when you have determined that extr1neOus evidence
shall not invade tDe regularity OF te mlSHeu
of "A Stale you have determined, by double decisOu
that il zhal be invaded. drparagcd or exposed 20
any question by "A mere rtltcae, Which Is ITS own
agent aud author, volunteer IN disturbance In tho
counting o the vote.