The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1877-02-09
Doinss of the Electoral Commission

WASHINGTON, February 5.-O'Connor and
Mcrrick have charge of the Florida case. Trun-
bull and Carpenter Of Louisiana, and Merrick
and Woodby of Oregon. The Union has no
doubt but that the commission will decide to
admintestimony.
In the commission Evarts opened in opposition
to the power of the House or the commission
taking evidence behind the certificates and the
official State canvass.
Evarts closed his argument ut quarter to /.
O'Connor followed.
In the course Of his argument, Mr. Evarts
said the only transaction of choosing President
begins by depositing in the Federal urn the GER
tihcates of the election of electors. The next
step is the opening and counting of the votes
The constitution and laws specify how the cleo
tors shall be appointed and when they shall
meet to cast their votes. but further it does not
go. The moment their votes are sealed and de-
posted with the proper Federal authority, there
is no power in n State to reverse it or change it,
The State must act before the votes of its cleo
tors has been cast, or it is powerless lie said
the proposition to interpose judicial inquiry
into purely political proceeding was novel
one, and that no judicial action had ever been
intcrposed except upon mandamus compelling
othcers to act. No injunction Of court can iu-
trude into political act The fathers of the
country, rs early as 1900, incorporated into
la~ tho p-i~o;Yi. .i--.. ti,o PeaoTea yo-erumcnt
has no right to ignore or set aside the action of
State in regard to the election of electors In
their wisdom they drew the line of demarcation
very clearly and plainly. Mr.. Evarts concluded
by saying that the attempt to bring Judges into
the workings of this scheme of popular soyer-
eighty will make it intolerable since the deci-
sion Of the Judges will override and supcrsedc
the will of the people.
Charles U Connor, after IN allusion to'the i'm.
portance of this case-the most important ever
tried in the United States-said the counsel for
a oil
view to that entertained by the Republican
counsel, and that the commission had the right
to make full inquiry into the facts of the Flor
ida election. The opposing counsel Hheld that
the Republican electors met in accordance with
law and cast their votes, and that it is not in
the power Of any earthly tribunal to invalidate
their action. On this noint he took issue with
them. He said that the proposition that the
power to count the electoral votes is vested in
the President of the Senate is palpably absurd,
since he is precluded by the constitution from
counting such votes. lie has no right to open
the certificates until the two houses meet i'm Joint
session. His power is simply clerical, and he
cannot know what the packages contain until
he opens them.
The duty of the President of the Senate ends
with the opening ofthc certificates. The count.
ing devolves upon that body which is required
TO act on the result. The count must bc recoc-
nizcd by the same body. Mr.. O'C,naor conclu-
ded by saying that he believed the Tilden elec-
tors had the best legal right to be recognized,
while that they had the moral right is the com.
mon consent of all mankind, and will be of pos
terity. No honest man capable of blushing could
possibly look another in the face and assert that
the Hayes electors in Florida were elected lie
submitted that the commission should receive
as evidence in the case the testimony taken
by the Congressional investigating Commit
tees. -,
1t is understood the commission meets to-mor-
row to consider what evidence, if any, is before
1t, and to consider its powers and duties in the
case preliminary to having final argument.