The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-10
Ghe Bulletin
the PRESIDENCY
Yesterdays Proceedings Before
The Commission.
TIE re, a ossss, ss:' From ,Se Mc~Scrs.


.;on re-assembled in open session at III
o'clock: counsel on both sides were
present except Judge Black.
Judge Clifford stated proceeding.
were now in order under orders adopted
by the commission yesterday.
Mr.. Green, of counsel on the Demo-
cratic side. called Is witness George +.
Rae, Of Florida, who resides in ITALIA
hassee and is attorney-genersl OF the
't;Sts s;x.-v.-uerv You present when the
writ Of quo ,carrante was served:
Evarts objected to the question as not
within the order Of the court.
Mr.. Green said they proposed to fix
the date of the gao iea'rdnto proceedings,
a they did not consider the order OF the
commission excluded that question.
The question was then put to the |
court.
The objection OF Mr.. Evarts was sus-
tanned.
Mr.. +. c. Humphreys having been
identified, Counsel Green presented the
commission of Humphreys, and the GER
tificate OF the clerk of the circuit court in
which the commission was filed, that no
resignation had been filed up to January
"a, 1877.
Humphreys was called on the Republi.
can side and examined by Mr.Stoughton.
He testified that he resigned the Office Of
United States commissioner and his res
ignation was accepted October 5, by
Judge Woods, from whom the office
came.
Witness produced q written acceptance
OF his resignation.
Mr.. Merrick objected to the production |
of the paper a. it was an act Of an indi-
yidual, and not the act OF the court.
To stoughton-The paper was received
from Judge Woods. His resignation was
accepted. Until he Judge Woods) could
come to Pensacola and hold court the
duties would be discharged by the col.
lector.
The Introduction OF the letter from
Hiram Potter, jr., collector of customs,
dated October 8. 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 over
the office, and had not exercised the
iunetions OF the Office since.
Croes-examined by Green: The let.
ter was addressed to Judge Woods at
Newark, Ohio, and the reply came from
there. There had been no session Of the
court at Pensacola since ths' '''--~ IN :
Justic. clifford announced the whoie
case vas now ready fer argument and
under the third rule each side would be
allowed an hour.
Mr.. Merrick said they had to ask the
indulgence of being heard by the counsel
and that as some important questions
had arisen this morning, lie moved that
the time be extended another hour.
The committee granted the extension
asked and Judge Hoadley addressed the
committee.
JUDGE HoADLEY's ADDRESS.
He contended that the tender OF hi.
resignation to the governor in Ohio and
the acceptance OF the same by the Judge
in Ohio, was not an act OF the circuit
court OF Florida, and that, therefore, thu
Resignation Of Humphreys had no,
been legally accepted, and hi
was consequently at this time hold
ing an ONCE Of profit and trus. under
the United States and therefore wa.
ineligible as an elector. The effect OF
disqualification extended not only TO the
elector, but to the state which appointed
him. This view he supported with quo
stitution was framed, holding that the Sc
lection Of an ineligible elector worked
forfeiture Of the vote to the state. 1t was
intended to protect several states against
the Legitimate use Of federal DO Wer In
any one state. Time had not shown that
the evils from interference were any leas
than our forefathers apprehended. 10
1857 hve p0stmasters were among the
electors, and Clay introduced q resolu-
uon directing tbs joint committee 10 in. |
q1ire into this infringement of the clause
OF the constitution. 1t was then held il |
was the duty Of congress to take test. |
mony ana inquire into facts. The com.
M...Se dio NOT md time 10 ascertain
mnetuer parties OF the same name were
.ne ,sme individual and as their vote
wouiu not cnange the result the inquiry
was not carried out, but at that time the
loes was entertained, although the com.
mlttee did not so think that a single dis.
qualified elector violated the whole elec-
toral vote.
=. Judge Hoadley quoted English author
itles 70 show that In event Of the election
IA inehginle individual, the election
s s.,a aaels 4 Ssi sYthhoasG there here
mas peen wide range as to the effect of
susn failure to elect upon the other can.
uluate. In the PENNSYLVANIA case. whar.
.ne candidate was disqualified. the elec-
t.on went back to the people. Ia ibs
h naishs case the next highest candidafs
nsa ooen elected, and In other cases the
pntty had been unseated without SEATING
an opponent. The acts of conyress In.
u.SAted disposition TO furnish a remedy
hnere disqualified electors had been
sts,a - when 1t was provided that the
ons "a. mlgnt select . new elector where
sts, Is4oaiined bad been chosen. The
The saying failed to take advantage Of
hsvinr fss HssSuon OF the revised statutes
there Va : 70 remedy the non-election'
he CLAIMED issncy, and one vote was
ne 1eierrsd 10 the decis,on ..
Juages Ia the Rhode Island Gu ., me
enect tnat the ineligibilitv NJ 90 W the
cshoioaaes worked vscsn. OF the
couia % nusd By the leeislaturs WHICH
xueo mat had the ONCE NOT hem an
tnete would have existed a vsc., :u
thet sAeo. Florida, like Rhode IIsynln
hso ample Opportunity 70 corrs.t sS
error end MI u vacancy had she cSosSs
TO avail hssself q 4. :" - 80
0XAARKa ~