The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-02-08
TE1zlL-.EGRAP!EHE3EIIC. E1zlL-. Fl
Photographed to the Rock Island Arqus.
THE ELECTORAL COUNT !

ASHINGTON, rep. S.-lhe commits
sion reassembled in open session at II
o'clock. The counsel on both sides were
present, except Judge Black. Justice
Clifford stated that proceedings we're now
in order under orders adopted by the
commission yesterday. Mr.. Green, coun-
sci on the Democratic side called as
witness,
j. Z. Humphreys having been identified
by the counsel, Mr.. Green presented the
commission of Humphreys and a certif-
cate IRON the clerk of the court in which
the commission was filed, that no resigna-
ton had been filed up to January "a, 1877.
Humphreys was called on the Republi-
can side and examined by Mr. Stoughton.
lie testified that he resigned the office OF
United States commissioner and his resig-
nation was accepted October 5th by
Judge Wood from whom the office came.
Witness produced written acceptance OF
his resignation.
Mr.. Merrick objected to the production
| of the paper as it was an act of an individ-
vldual and not an act of court
To Mr.. Stoughton. The paper vas
received from Judge Wood in answer te
his resignation, which was accepted, and that
until he (Judge WOODY could come to
Pensacola and hold court the duties would
be discharged by the collector of the port
The introduction Of letter from Hiram
Potter, jr., collector Of customs, dated Oct
5, 1876, asking witness to turn over the
books and papers of his Office, was objected
to by Mr.. Merrick
Witness stated that he did turn ovel
the office and had not exercised the tunc
tions of the Office since.
Cross examined by Mr.. Green. Tht
letter was addressed to Judge Wood, a
Newark, o., and the reply came from
there, There had been no session of cour
at Pensacola since that time.
The testimony here closed.
Justice Clifford announced that tn
whole case was now ready for argumen
and under the third rule each side woult
be allowed two hours.
MIR. Merrick said they had to ask th
indulgence of being heard by three counse
and as some important questions had arise
this morning, that the time be extende
another hour.
The commission granted the extension
asked and Judge Hoadley addressed tn
commission. lie contended that tende
and his acceptance of the same by th
Judge was not an act Of this circuit cour
of Florida, and that therefore the resigns
tlOn Of humphreys had not been legal
accepted and he was consequently at til
time holding an Office Of profit and trus
under the United States and therefor
was Ineligible as elector. The effect c
the disqualification extended not only t
the elector bnt to the state which ap
pointed him. This view he suppOrte
with quotations from the debates whe
the constitution was formed, holding tha
the selection Of an ineligible elector work
ed forfeiture of the vote to the state
1t was intended to protect the sewers
states against the illegitimate use Of fec
eral power in any one state. Time ha
not shown that the evils from federal il
reference were any less than our fore
. fathers had apprehended. In 1887 fv
: posimasters were among the electors an
Mr., Clay introduced resolution Cirectiu
q the joint committee to inquire into tn
: infringement of the constitution, 1t vi
o then held to be the duty OF congress
e take testimony and inquire into the fact
+ The committee did not find time to asce
d tain whether parties Of the same nan
e were the same individuals, and as the
+ votes would not change the result the
II Quiry was not carried out, but at that tin
The iCea was entertained, although Il
,e committee did not think that sing
'r disqualified eiector vltated the who
< electoral vote. Judge Hoadley quote
G English authorities to show that IN &
lr event Of the election of an ineligible int
ID vidual the election was void, there was
a American precedent to the contrary,
ia though there had been a wide range as
~ the effect Of such failure to elect upon OF
: er candidates In the Pennsylvania Ca
where candidate was disqualified t
election went back to the people. In t
- indiana cases the next highest candida
Ars has been elected, and in other cases t
party had been unseated without seati
20 his opponent. The acts of congress in
Gated u disposition to furnish a rene
where disqualified electors had bt
4 chosen, as when it was provided a st
II might select a new elector where lone {
Va qualified Lad been chosen, the state h
,N ing failed to take advantage Of the 49,
i'd section of the Revised statutes and hav
aa9y failed to remedy the non election, there
ais a vacancy and one vote was ciaiu
uli lost TO the state He referred to the
,ck OK cision of the judges in the late Rhode
are land case to the effect that the ineligi
In in ity o! one of the candidates worked a
uts cancy which could be filed by the legi
lie, ture. and argued that had the Office
eW ,mU been Tiled there would have
cancy existed. Florida. like Rhode
. land, had ample opportunity to correct
error aud fill the vacancy had she cho
to avail herself herself Of it. Mr.. Gr
called the attention Of .the commission
II the claims that the letter of Humphi
~ to Judge Wood and the reply of the 50
were not an act of court and that
certificate ct the clerk Of
circuit court of Florida Arecei
this morning showed that the res
alton had not been made a matte
record in the Office of the court. He
here cussed the case under the first part of
ing order of the court to consider
fact papers contained in the package ope
tiles by the president OF the senate,
0prNTNC5 OF aRIT1SH PAyrIaM]