The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-09

the duties would be discharged by the col.
lector Of the port.
Introduction OF Il letter from llitam
Potter, jr, Collector Of Customs, dated
Oct. 3, 1876, asking witness to turnover
the books and papers Of His Office, wa.
objected to by Mr.. Merrick.
Witness stated that he did turn over the
office and had moi exercised the function
OF office since.
Cross.examined by Mr.. Grecn-The
letter was adrcssed TO Judge Wood, at
Newark, o. and Il reply came from there,
There had been no session Of court
at Pensacola since that time. Testimony
here closed.
Justice Clifford announced the whole
case AZ now ready for argument and under
the third rule each side would be allowed
two hours.
Mr.. Merrick said that they had to ask
the indulgence Of being heard by their
council, and that as some important
questions had arisen this morning, that
the time he extended another hour.
The Commission granted the extension
asked, and Judge llOa,lley addressed the
Commission;he contended that the tender
Of his resignation to the Judge in Ohio,
aud the acceptance Of the same by the
Judge in Ohio, was an act Of the Circuit
Court OF Florida, and that therefore the
resignation OF Humphreys had not been
legally accepted, and he was CONSEQUENT.
ly at this time holding an office of Profit
and Trust under the United States and
therefore is Ineligible as an elector. The
effect oi the disqualification extended
not only to the elector, but to the state
which appointed him. This view
lie supported with a quotation from the
debates when the hecOnsLitution was framed,
holding that the selection Of mn inelligi.
BILE elector worked for the rejection Of the
vote OF the State. 1t was intended TO
protect the several States against the
illegitimntc Use of Federal power in
any one State. Time had not shown that
the evils from interference were any less
than our forctathers had apprehended
In 1857 five pOstmasters were among the
electors, and Mr.. Clay introduced reso.
luton directing the Joint Commission to
inquire into til enforcement Of this
clause OF the Constitution. 1t was then
held that'it was the duty Of Congress Ia
take testimony and inquire into the facts
The Commission did not find time TO ~.
certain whether parties OF the same name
were the same individual, and rs their
votes would not change the result the
inquiry was not carried out, but at that
time the idea was entertained, although
the Commission did not 30 think,
that 4 single disqualified eIector vitiated
the whole electoralvote. Judge Hoadley
quoted English authorities to show that
in the event Of the election OF an ineligi-
bic individual, the election was void.
There was no American precedent. to the
contrary, although there had been wide
range OF opinion ~ TO the effect OF such
failure TO elect upon the opposing candi-
date. In the Pennsylvania case, where
the candidate WAS disqualified, the elec.
ton went backto the people. In the In.
diana case, the nexthighest candidate had
been elected, and in other cases the party
had been unseated without seating his
opponent. The act OF Congress indicated
n disposition 10 furnish n remedy when
disqualified electors had been elected, as
where it was provided thata State might
select new electors whenever disqualified
ones had'been chosen. The State having
failed to take advantage OF the l3itI
section OF the revised statutes, having
failed to remedy the non.elcct
there was vacancy, and one vote
was, he claimed, lost TO the State. HC
referred to the decision Of the Judge il
the late Rhode Island Gaze, to the effcc
that the ineligibility Of one OF the candi
dates worked n vacancy which could be
filled by the Legislature, and argued tha
had the office not been filled there
would have existed vacancy in tha
State. Florida, like Rhode Island, hat
ample opportunity to correct the crrol
aud fill the vacancy had she chosen tt
avail herself Of it.
Mr.. Green desired TO call the attention
Of the Commission to the claim that III,
letter Of Humphreys to Judge Wood ant
the reply OF the same were not the act o
the Court, and the certificate Of the Clerl
Of the Circuit Court OF Florida, receives
this morning, showed that the resigna
ton had not been made u matter OF rec
ord in the Office Of the Court. He dis
cussed the case under the first part o
the order of the Court, 10 cOnsidG
only the papers contained in the pack
age opened by the President Of the Senate
lie argued that the formal character o
certificates No. were entitled to tn
same consideration by the Commission
and Conlended that the statutes and &C
tion OF the courts Of the Stale were mai
ters that the Commission should inquir,
into to establish the illcgality OF certili
Gates No. |. The Commission had betor,
them third certificate, not only the Ger
tilicate Of the Governor, but tabulatet
statement OF the precise number OF vote
cast in each county Of the State for tn
different candidates. This certificate ha,
the authority Of the executive, judiciar,
and legislature, all speaking in unani
nous and united voice upon the question
which Il TO be decided by this tribunal
1t might be said OF the third certificate
that they did not arrive in Washington
by the frat Wednesday in January, an,
were therefore too late. lie cited author
ity to sustain his proposition that tn
clause was directory, not mediRtory. Tht
question was, Did the electors vote &C
cording 10 the constitutional require
mCnt? The mere transmission OF thei
message to the Vice President was Al
incidental matter, and the-time, Withil