The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-09

Shipping Commissioner. The witness con-
tinuod.
sHST s rsSst ScT Si nS S"S S s c
Vie tned sites ile is the same person q whom have
a-ons Win linmrhrys as such ocnmia.ioner o.gln,
time in ihc iai,cr rart OF August is7S <. aiewycri
have frequently had occasion to communicate with hn
duties shipping Ccnni .,oncr related " matters be-
tween American scainon aud shipmastcrs
Here Mr.. Grccn nnnoun ed tho direct oxam-
nation of this witness cosed.
Mr.. Stoughton said that ho had no cross-ex-
animation.
MIR. Grccn-That ia all we propose TO offer by
way Of affirmative evidence, unless there may
be- something which may be required to be
oncrcd by way OF rebuttal TO the testimony
Mr. Eyaris-without commenting upon tho
state Of the proof thus reached. and without
saying anything IA torcbuttal. principally upon
the point that no evidence has been adduccd
that shows TINT Humphreys held the. onlce. Of
ycmbrr election. W. will Introduce the proof on
our part TINT he did not and then leave the
uu ston for discussion.
Frederick c. Humphreys was then sworn and
examined as follows:
ny Mr. sloushion-wcry you candidate for eicc,or on
on Sgn E9T to e"s u,n Ssnadss Slate hSa any VSS en
missioner Tor The port OF Pcnsacola.
. When did you cch-c to such' A-on the 5;h
was received from Judge wood IRON whom the appoint
o-By RESIGNATION delivered 70 whon' A-By rcsis
Q.-ro whom TO Judge Wood
Va,s yoI in yGg, possession the acceptance OF tn"
=. The witncss produced the paper and handed
turned it over TO MIR. Mcrrick for oxamina-
Mr. Mcrrlck objected to its introduction or nc-
ccpanre IA the acceptance of IA resignation. IA
II Is the act Of an individual. and not Of the
Court.
Ry Mr. siouehton-Ycu received this rarer from judge
Al ibid. ,ir'
Mr.. Stoughton road tho lotter accompanying
Nrw.Wx. Ohio. Oct 2, 1870
pshn S,n iemec.e hs Of your re 'snsSn
nlcd bv the Circuit Court and until come to
Wi W asc S to be r s' g The S eSsstCr sS OF the oe
Major Y. T. HusrnRr,s Pensacola. Fla
Mr.. Stoughton then read the acceptance. as
follows:
Your letter oi De 2iih oi september 1874 rcsisnlns
"S' e pS Ss neS r .S IN h se q foaa 6s 6e, at
received bv me. and Your resignation OF said Office Is
r %sSG &sG SG"T GSS@:p! s,i.
o-pid YOU receive the paper which hold In my hand
ds,ed oet . lsjs rom fsm Potter, Collector Of Gus
V-ls that his ssnaturei A.-rhatis his signature.
Mr. Mcrrick-We object TO that paper.
The Presiding JuStice--lt Will be received.
subject to the decision of the commission US to
:, Tho lCltcr was then read. 1t is from Hiram
Potter. Jr.. Collector OF Customs. dated Col
l"'torS once, Pensacola. Oct. &. 1875. and re-
quests that Humphreys turn over To- the writer
surh public books. papers. and records rs might
app rtan 10 tho business Of Shippin, Comml,-
sioncr, the duties of which oncc. ~ h, was in
formed. being dcyolv"d upon him tthr writ,rl
upon tho resignation Of Mr. Humphreys.
QDir, on cease TO act in Your ,ricc the time of
hg receipt OF the letter accepting your rcssnauoni A.
Q-liave you acted in that capacity slnee' A-No.
Q-Has the Collector acted in your stead' Ayes.
0-pid you turn over to the Collector whatever you
one. Ia asd anv~ - mad none The E-nss we're
money si'O'' ''0'e'" 00D'"' anu pau ''' WIN my 0""
Cross-examincd by Mr.. Mcrrlck
o-llavc You copy Of your letter rcsiynaton' A.
mail 70 NewarS In The state Ohio where the judge
3 IA. there seen Any session Of ihe United stats
nation N-,Thcre ha. not
a SSa receive 5gasg ~ y9s % rsDy to your
Mr.. Mcrrick announced that he had no fur
thcr examination to make of this witness. and
nothing to oflrr in rcbuttal.
The Presiding Justice - The testimony Is
therefore closed.
JUDGE HoADLEY's ARGUMENT
Mr.. Hoadlcy then opened the argument for
the ohle't tors on the Democratic side. He Snid
that II had been established by proof that Mr..
Humphreys held the oflico OF Shipping Com
missioner hy appointment of the Circuit Court
of tho United States in Florida. and that before
the November election he attempted 10 dvcst
"a
resignation. aud getting from a Judg5-not
from the court-what purpOrtel to be an ac-
ceptancc OF that re-ignation. The powers Of
this officer shipping Commissioner he stated
to be laid down and derived from section sol
OF the Revised Statutes. and tho resignation
cannot be made except 10 the samie iowcr az
that making the appointment. The resgna-
ton OF Mr; Humphreys, therefore. could not be
n bn II H. % rcerrd n W1 nnort w az o s XIX " nn"t IN IN
the case Of Badger ct al. against the United
States. er reiotione Bolt, and claimed that tho
tpf Iut in hot 4
be found in the second volume of the Opinions
Of the Attorney General. pnge 7l3. Humphreys.
, and he considered that the Judge, acting in
Ohio was not tho Circuit Court Of Florida. md
that as he could not relieve Humphreys from
IA" duties with which he had been vested 10y an =
other power. namely, the Circuit Court of Florl-
ia, the alleged r'signation was, of no effect.
! opinion held an oillcc Of profit or trust on tho
/ day. Of the selection, and the vote cast by him
/ could not be- counted.
Mr.. Commissioner Thurman inquired whether
/ this was AN uili'n. the resignation Of which
must b" accepted in order 10 give the rcSigna-
/ ton validity; or whrther the officer could re-
| sign Of his own motive AT any time.
Mr. Hoadley said that there was nothing In
| the statute with reference 10 the question OF
rcsignai on. Humphreys. however, having ac-
copied the oilirc, could not. he submitted, di-
y,7t hms1I Of It. BY NJ E own act ai@nc begag7e
not be- entirely at the will and pleasure OF tho
onlcchodrr, Especially was this the case with
offices FOR the performance Of the duties OF
| which q bond was required
Mr. Hoadlcy regarded tho provision Of the
| Constitution disquAlifyins persons hOldinl.
| on .cs of profit or tiNst IA mandatory and Il
/ Limitation and dimnutlon OF the grant of pow
/ cr to the St0t" that grant not being 10 the
people OF the STATE bat 10 tho State itself in ia
organized and corporate capacity This pro-
! vision. he maintained is In substance imprra-
/ uvcund admits Of " eyQslon He read from
/ IN" Nadis9u papers ipag" 3i1l 10 snow thnt the
/ trainers Oi the Constitution intended that tlis
i disqualification should attach n, an exception
/ or prpviso 10 the grant Of power 10 the STATIC 10
elect electors, and that il should attach by dis
/ qualification Of al ineligible porsons Tho
/ state was di-uuaiird from appointing dis
/ qualified ertor The disqualification was
/ therefore, two fold. First uIi0n the appointing
| power; and, secondly, upon the cnndidat"
| hnd the effect OF such disqualification
| he submitted. WAS 10 render the action
/ oi the State in that r"gurd null and void
/ II was the duty of the Federal Government. not
| OF the States. to insist upon and carry into full
force the provision The question was not n
new one. In 1887 there had been five Postmastera
| appointed, or attempted as 10 be- appointed Pres
/ idental elr tors. The question nat then been
| submitted ION n resolution offered by Henry
! Clay 10 Il select committee OF the two Houses,
and a report Of that committee, made 10y MIR.
Grundy. was to the effect that single unau-
thOrized vote could not ytiatr the whole vote OF
the Er tora College. and thatihc constitutional
prohibition ought to be carried in lis whole
spirit into rigid execution, in order 10 prevent
0 Il ...N N..s. l.sa..