The New York herald., 1877-02-16

ton Of tho state OF affairs In Louisiana tho eve Of
the election He enumerated 1000 onicals almost
oil republicans. and consisting Of deputy marshals.
special policemen and United States soldiers who
were deputed to watch tho polls on elec-
ton day throughout the State. This he
counted to be q sufficient protection OF tho
polls, and no alleged moreover. that neither tho Com
missionors OF Election tine Supervisors OF Regis
traton made any complaint ofvolence intimidation
at the polls on the eve Of the election. However,
10000 separate warrants Of arrest were issued for
TO- 600 different men, comprising in part the best por.
ton Of the community Of New Orleans The afliavts
for these arrests made by two men,
policemen In zach Ward the Commissioner
who made out these papers, be said, brought in bill
for the preparation OF those afdavta But judge BIZ.
ngs said:ssrhere gross fraud the Of these
papers, aud won't pay dollar"
At the close of the argument Mr.. Merrck asked
to file brief including points directly against the
power Of the Returning Board to canvass tho votes
containing decision by MIR. Justice Miller.
PROCEEDINGS TODAY
Al the conclusion Of the hafpast four the
commission took a recess Tor fifteen miRutes On re-
assembling 1t discussed for twenty minutes the pre-
minares of its private session tomorrow, but de.
cided upon no order Of procedure It will assemble
at ten tomorrow and sit in private until four, during
which interval 1t Will consider the question Of admis.
sion OF evidence exclusively. At four It will
open the doors to counsel and announce Its decision
whether It will take testimony or not II It decides
to hear evidence, tnen counsel will be summoned i'm
mediately and the of will be presented
thrown for discussion the ensuing day.
PROCEEDINGS OF THE COMMISSION.
wAsHiSGroS, Feb. Is, 1877.
The commission met at fifteen minutes past this
morning, owing TO the compromise vote last evening
the adournment when neither half past ten
would bo accepted.
When Mr.. Evarts rose 10 speak the room seemed
especially crowded. greas demand for admittancs
boing made and the number of ladies being consider
ably increased. Mr.. EvarIs addressed the commission
as folOws:-
sPE1cH MR EvARTs.
MK. PRESIDENT GENTLEMEN TKl COMMISSION
The general subject Of controversy before tho CON-
mission how this commission under tho powers con.
ferred upon 1t and in the discharge oi the duty
hded to 1t by act OF Congress under which IL Is
orgauzsd, shall advise tho two houses OF Congress
the discharge Of their duty, rldor the con-
s,tation Of the United States, In counting
the votes for Presidvnt ami Vice President
what sha be counted for the State Of Louisiana
The constitution has undertaken TO determine that
the State shall have the power TO appoint electors
its Legislature may direct and authority argu-
ment Gun dlsparage overreach that right Of the
State That right is the State. 1t 10 not q gift
from the federal government, for there no federal
GOV NINA nj In Uiv I In nnlc vod ofn
iun0 OF power or right that the federal government
possessed for the federal government had general
fund or power right out Of which It coulu cover q
gift TO the State. The State Of Losiana stands in
this behalf of the original thirteen States Stood
Whatever the right Of one of the original
thirteen States in the election of Washington is
the right OF Louisiana the election OF o
President. and therefore IL Is not to be measured as
ein not to be measured in its relation to any general
fund OF authority the subject that the United states
had and which has limited, but OF the condi-
tons, OF the original limitations, of the orlg
nal distributions Of power of which and by which
combined comes tho government or the United States
the governments the States as members OF
the Union.
This topic at leads to consider wherein the
constitution Of the United States has established and
how it has distributed the authority Of choosing q
President Of the United States; what part OF il is
federal government; what part OF IL is administered and
adminstrabe tho part of the State action In the
matter, and the terms of the constitution is this
demarkato tv the drawn aud adhered and in this
regard, as well as In every other respect power
the maxms Of the constitution, as to construction
concerning the line drawn, to b0 observed well in
every other. The government coniers nothing upon |
the States, the government comes into existence by
and through the States and their people,
Ss0g sns enora o. aI'nosy p%n IN The STATE and
the terms OF the constitution, and there Is,
therefore, the same method OF construction aud intor
probation In drawing the llEe and In maintaining its
defences IN this matter Of election vi President In
all others. Whatever the federal government has in
this matter OF election Of President nus by &C OF
terms in the constitution Whatever the State has It
has upon the same terms: and then the tenth amend.
mcnt applics and the ninth appliestbat thero is TO
DO no dspnagcment o the rights that arrogated by
the rights that are conferred, aud that whatever
conferred upon the federal government by this con-
sttulon anu Is not forbidden states s reserved
10 the States or to the people.
rRorosIrioSs IN THE FLORIDA CASE.
Now. 1t Is not for mo 10 repeat tho arguments made
by my learned associates so we'll and by tar ss
could them III the general discussions VIII were
presented under the Florida case. These general prop
ositions were that the whole matter creating the
clecior belonged 10 tho state: th, wboe matter OF
ascerlannp accrcdtng and setting forward With Gre
dcntas belonged ~ the state as The text OF tho
constitution read and that whatever the statute OF
1872 had sought 10 prescribe In the matter these
credentials directory and the con we euco
ad instruction OF the body that was 10 count tho vote
that The ccclor officer OF the State: that IN
very considerable sense could be created officer
Of the United States; sha, hc was clector,
having the right under the constitution OF the
United States to vote ior President and that hc tas
clcctor was to be measured only
ccru whether he was dcputized an agent or
whether lac was accredited with the voting power to
vote an elcctor. having tho suffrage his hands.
To say that he was representative elsctor because
no 10 be an elector IN representation OF aud
participation III the government OF state, amounts
nothing more than 10 say that yOu members OF the
two houses Of Congress arc representative icgis-
aiors. You are representative legislators. You
arc legislators IN = government resting on the
Will OF the people and upon It's commu-
Llcatcd authority to you ~ Representatives; but
you not dcputizcd TO derive your and
from principal nv home. You repre-
scntatives OF tho legislative authority lodged theorct.
icaly IN tho people aud In the theory Of representa-