Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

tNerclSt It's Will irrespective VI JuulCldl
power under the same theory that 1t has
the capacity OF Doth Houses. or OF either
House, TO do as it pleases. not in subsection
to the constitution of the Country. but IN
obedience to its will and purpose. Mr..
StoughtOn argued that neither Congress
nor the commission possessed any such
power.
Mr.. EyART ARGUMENT.
WASHINGTON, ID. c., Feb. Stu reply to
the question by Mr.. Thurman whether If it
should appear that the four electors from
Florida were members of Congress the votes
could not be counted, Mr. Egarts said there
was no safe way except to say that tho IN
junction laid upon the states did not exc
cute itself. and If the states did not execute
it, Congress must by law provide TOR its
execution, ard that the law did not
now exist Congress accepted the
certificates a. the recorded title OF
the electors and to go into searching
inquiries in relation to the merits of two
rival claimants was judicial inquiry. to 90
into which required plenarv powers. and
no judicial body could exercise that power
except properly constituted court with it,
members appointed by the President and
confirmed by tho Senate. Further. in the
question Of contested elections, the right OF
trial by Jury existed and could not be denied.
Assuming that the commission had the
right to 90 into the question, ne held that
not having the power TO make judicial
il quiry 1t could not consider the question,
aud cited the case in which the Governor Ut
Maryland on similar grounds refused to
determine the terms Ut the attorney general
Of the stale. He opposed tue theory
advanced on the other side that the commIs-
sion possesses quo warrsnto powers. lie
cited the act of the State If Florida of the
second of February, 1872, relative to pro-
ceediDgs in quo warrzntU. which provides
that when the encouragement refuses then
the realtors may make themselves parties to
the suit but lt shall be in private suits
and shall not be bar to suits Commenced
by the attorney general in the name OF the
state lie read tie 3lst and 32l sections OF
the Florida statutes. claiming they made
the governors certificate final determine
tiUp OF the state. This the Hayes electors
had and Tilden electors had not This was
final and decisive declaration of the state.
All that preceded the deposit of the elec
tors and alter the votes hsd been depOs-
tied with the federal government, and
in charge of tina federal Cthcer, the
national government must respect the
rights OF the states and regard the acts IL
had taken. From the moment the certi-
cate were sealed no power Of the state
could arrest 1t OF reverse it, and 1t must be
opened ard counted as it was deposited.
The trainers oil the constitution We're not,
he urged, wanting in forecast or cream
spectIon, but zaalOu>ly guarded against
that peril of nonarctIeS or Republics, Il
disputed succession. This was insIanced in
. ba, be q aappDH oil in, fha
event OF failure Of the first. must be held
before the fourth Of March. Safeguards
were provided all the way along from the
casting of the ballot to the fual determiua-
ton, TO permit the proce, dInss TO 20 on,
but nowhere was it provided that the pro-
gress OF the ballot should be stopped by quo
warranto proceedings; nowhere was there
any proceedings that permitted the election
to be retarded. The acts OF Congress provides
that if the state shall fail to make election
on the day appointed, it may at subse-
quent day make an election which shows
the determination to cherish the method of
progress. Ii there was anything provided
IN the election laws it was that there should
be no reconsideration of the action taken.
Now, said Mr.. Evarts, our proposition, as
has been laid down so well by my learned
associates, Is that under the State law OF
Florida that is the method that is the &C.
ton, and that every act and stage of that
action, rightly or wrongly, honestly, pure
ly OF fraudulently. has confirmed qualIfca-
tons such as the federal constitution
requires in the appointment By the state
through the method that it had provid-
ed. One word on the point that the line
Of denarkation between the inception of
the federal authority and the elimination
~ fh o.
precludes inquiry at the furthest beyond
the fact certified as of the record
aud accuracy OF the certificate. IS
TO be found In the legislation
proposed in the Congress of 1900. whcu
wisdom was still of the fathers, enlIght-
ened by the working of the great scheme
they had framed. IL IL there shown that
the dcmarkation should be observed, and
that the powers should not include or be |
deemed to include any inquiry into the |
votes as cast in the state. Tho novelty, as |
have said, OF the situation produces |
strange results Never before has there !
been reiardation of the political transac- |
ton of counting the electoral votes, and |
to accomplish that almost a miracle has |
been needed, for the sun and moon have |
been made to stand still much longer than |
they did for Joshua In his conflict In |
Judea, and you will find that the attempt |
to brIug the Judges Il do not now speak |
Of the judges in their uthcial capacity that |
some portion OF this bench occupy in the /
supreme court. but | mean judy s in the
nature Of junction and exercIs-) into the |
working OF this scheme OF popular |
sovereignty in its political view, will
make 1t lntolersble. will deiraud and
defeat II 10y virtue of that interveu-
ticn OF judge>l, till government of JUDGES
" i'll have superseded the sovereignty Of the
people. and there will be- no cure. no resort
but that which the children OF Israel had
to pray Tor II King
Mr. Evarrs III closing referred the chm-
lai,2!oG 10 NUMEROUS aIthUriIies