The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-02-08

laws OF that State. At the close of the argu-
ments Justice Clifford inquired whether the
counsel proposed to offer evidence before pro-
ceeding to the final argument of the case. It
was replied in behalf OF the Democrats that
they expected to offer evidence. Mr.. Evarts,
Tor the republicans, said they had none 20
oHer, unless it shall be decided that evidence
shall be admitted. Adjourned.
SATURDAY, Feb. 3.-The day was devoted to
hearing arguments Of counsel upon the power
of the court to go behind the returns from
FloTda. the Tilden lawyers taking the af-
tlrmatlve, o. course. Mr. Merrick opened the
argument, maintaining that the commission
had the power to go behind the returns
ana take evidence IS to, frauds in the cleo
ton. He was followed by Judge Mat
thews, of counsel for Hayes. He said that
the election Of President is not popular
election, according TO the constitution, and
tnat IL Is mistake to suppose that electoral
bones are delegates representing the State, or
the people of the State, as agents to accom-
plish their will. When the electors completed
their work by casting their votes, then the
TRANSACTION passed beyond the limits of State
control and it became Federal act, one of
those things which passed to the jurisdiction
OF Federal power. The body of electors
which has an apparent right and title,
ana wmcn Is in exercise and possess
sion or the functions ard franchise of
an Office and actually exercise the powers Of
the ONCE, Is, for the purposes of this tribunal,
the lawful body to cast the vote, and their
votes must be counted Judge Black followed
IN behalf OF the Democrats. He said there
had been much talk here about going behind
the action or State. He believed firmly in
| the sovereign power of State to appoint any
person an elector, provided it was done in the
| manner, prescribed by her Legislature, and
he believed after the appointment was made
in that manner no man had the right to go be-
hind 1t and say it was not an appointment fit
to be made. Anybody, whether an officer of
the State or an officer Of the General Govern
ment. who undertook to set aside such an
appointment as that would be guilty of usurpa-
ton Of authority, and his act would be utterly
| void. Therefore, if the Governor OF
| Florida in this case, after the appoint
| ment OF these electors was made by the
people, undertook to certify that they were
not elected, and to put somebody else in their
place, that act was utterly void, false, and
| fraudulent. They were not going behind the
| act of the State in this case. They were only
| going behind the fraudulent act of an officer
of the State. whose act had no validity what.
ever in it. MIR. E. W. Stoughton, of counsel
for the Republicans, argued that the court
had no power to go behind the returns, after
which the commission adjourned.
MONDAY. Feb. 5.-The entire public session
OF the court was occupied in hearing speeches
by Messrs. Evarts and O'Conor, which closed
the arguments of counsel upon the question OF
the power of the commission to go behind the
returns. At the conclusion of Mr.. OConor's
address the court went into secret session fol-
the purpose Of consultation.