The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-17
rposr WASHINGTON.
I. ,,,,v, ma N WASHINGTON.

NJ II
The universal indgment Is 'na so io oaoe
,.,u,s decision really seteies Sne tho.e IN,
as eva ~ tbc testimony which the Demo"
vow. vow ,.fnr to produce Is covered oy the
tCa larS decision in the FLORIDA case.
NM, ;S understood, OF course, on ooth sloes,
iniI n = the stress laid upon the pending
~ WESTON. Special to Baltimore San.
SOME QUESTIONS AND ANSWERS
While Iuare Campbell. was speaking on
Friday ,,r,.. ., .,. NOT.
t;o, Won take in regard to the power OF the
sto,c over the final action Of this Return
inc Roard-was ii in the power OF the state
- 7 louisiana to have directed the acts OF
". Returning Board to have been COM
Melted bv the Goth day Of November, ana
was II in the power OF the State to consti-
t,,te another tribunal to try the contest be-
trr COR the two sets OF electors that claimed
n have been elected?
Mr.. Campbell: PROFESSIONALLY, sir; yes.
Commissioner Strong: Then the power
Of Judging OF the honesty and accuracy OF
the decision OF the Returning Board Is in
the State.
Mr.. Campbell: In the case Of State off,
GERS.
Commissioner Strong: / say electors.
Mr. Campbell: My own opinion is that a
State has no jurisdiction over the elector-
II cannot review the election for electors.
That is my idea. Z say that that election is
70 be reviewed and examined finally by the
two houses OF Congress when their certif-
cate Of returns comes.
Commissioner Strong: How can they
then constitute 4 returning board?
Mr.. Campbell: They make q returning
board with the view OF compiling the re-
turns. anu speaking OF the final determi-
nation of the RICH. OF an elector to cast 8
vote. ] aul not very settled; it is ques-
ton hgye not considered very considera-
blv, but my view Of the matter Of these
electors under the Constitution is that .
State is the instrument and the agency, and
its laws are instrumental for the purposc O,
communicating to the two horses OF Con-
gress the election OF eiee,.IJrs, and that that
necessarily involve, an inquiry whether
these electors are fairly chosen or not.
Commissioner Strong: The question is
whether Congress is a tribunal for control
ling contested elections.
Mr.. Campbell: | have no question that
Congress could create 4 tribunal to inquire
into the validity and truthfuness and regu-
larity OF any election for an eector for tho
pun l'oSC VI NucLuCE tue SUlcs
cast for President and Fice-President are
cast by men competent to do so. It is the
only legitimate place where such tribunal
could come, because the power to be exer-
cised by those electors affects every citizen
ahG every interest in the United States, and
every State in this Union, rs understood in
that decision, and no State would be justi-
fed in allowing the determination Of such
question finally to rest in q State tribunal.
The counsel called attention to the value
OF the certificates, and cited report in the
eth OF Lansing, page 275.
Commissioner Hoar interrupted to ask !:
Suppose that in the process OF counting the
vote, when the State OF Oregon was reached,
proof should be offered on behalf Of one OF
the candidates that at every polling-place in
the State of Oregon there had been a differ
emf number Of votes cast from that certi-
fed, so as to change the result in the State,
do YOU claim it would be the duty OF the
two houses to pause in the process OF count
ing the vote until both sides could have put
in evidence on that question, and the fact
be ascertained?
Mr.. Campbell: That is not the case that I
have been argulngat all, and is entirely out
side of the prefer that they made IN respect
to evidence.
Commissioner Hoar: thought perhaps
it would help US to understand that view
OF the power and the duty OF the two houses
to inquire whether you thought il such
proof were profered on behalf of one Of the
candidates as to what the true vote was in
that State it would he the duty Of the two
houses to pause in the count until it was
settled.
Mr.. Campbell: II l was member OF
either house would pause, give it all the
consideration I could, and then decide ii
according to that conclusion.
Commissioner Edmunds inquired whether,
supposing the Board was not legally re.
making their future acts invalid, would
their failure to perform what the law did
not compel them to do change the validity
OF their subsequent acts?
Judge Campbell replied that they were
bound under the terms OF the law to fill the
vacancy. The law was mandatory, and
said that such vacancy "shall be filed"
Commissioner Edmunds said, supposing
that to be correct, that it was their duty to
ill the vacancy, and they had no power to
take any steps in the performance OF their
duties until it was filled; then it would be
plain that their subsequent acts would be
invalid, no matter what the motive. But
supposing it was not duty in the sense OF
" pIoCSSd, buS pl SsSASS
OF a corrupt motive make any difference az
to the validity OF their acts?
Judge Campbell replied that he supposed
the failure to perform that duty from cor
rupt motive would have that effect. AS the
Legislature had said there should be five
persons, and they had refused to fill the va
cancy because of fraudulent purpose, that
would render them incompetent to perform
further acts.
POSTAL.
A new post-offiee is established at Frank
lin City, Accomac county, Va, on the route
from Selbyville, Del, to Greenbackyille,
Va, with William r. Young as postmaster.
A new post-ofice is established ut Sand
Lick, Buchanan county, Va.,e on the route
from Wise Courthouse to Grundy, with
James Colley as postmaster. Mrs. Eliza c.
Thompson is appointed postmaster at Pal
estine, Greenbrier county, West Va, uict
Charlotte Thomson.
PAPER-MmL BURNED.-About 1 O'Clock
last night the Virginia Cane-Fibre Com.
pany's buildings on the canal (the old paper.
milD were entirely destroyed by accidental
fire caused by one Of the hands going into the
coal-oil room with lighted lamp. The
mill and bag factory employed one hun.
dred and thirty hands, ninety-three OIL