The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-09
The Electoral Commission.


CoLts1z1;l 2 4 oC9aor's Ad4r.ss
WAsuISGroY, Feb. -Coucerning
the lega. question presented as - wha,
power each house of Congres. had IN
der e<l>cia- law aud wha, power. con
seQueI,ly the commission can exercl,e.
We say IS the learned mauager :or the
Houss; stated In the opening. IN this case
there is 10 technical limit or barrier =
Il, but that you exercise the same high
power f government ;ha. has ALWAYS
been exercised in such questions. even
IN court, u comm III I4H - which ap-
plicstions are made 10 obtain a wrlt of
4ss0 searrtHto. You have til. same lis
cretion and you can limit the inquiry
~ ben the points arise within these
limits that are not prescrl bed by n.css-
si'y and convenience This is our view
stated as il Is in my power Ia state it
In the bret time ain permitted to oc-
cupy the attention Of your honors. We
say that there is no limit tc the power
Of investigation for the purpose Of
reaching the ends Of justice. except
such due regard for public convenience
and interests Of public justice and Of
society Al large as may bc imposed III
the exercise Of that discretionary au-
thority. We are told here a. We stand
IN the second century Of the repu blics
existence, that thing are - such condi-
ton that there IS no possible remedy
against the ;iiosi paip.j,.u fraud and
forgery that can be perpetrsted, or
against any outrageous acts in violation
OF the rights OF the people OF the res
pectave states aud of the whole Union.
We are told there is 10 remedy that
Congress must sit by biindly and ST.
!entiy and permit an alien 10 be count
ed in an eifice a. President of the
tnited States; must sit by and permit
set OF votes. plainly and palpably
fraudulent, given by individuals not
only disqualified for want of having
been chosen by the people, but being
themselves absolutely disqualified by
the constitution from acting in Office or
from casting the votes 10 be counted.
and must permit usurpaticn cpntem-
plated To take place merely because our
fathers, one would think the compli-
ment intended as sarcasm, had chosen
70 50 constitute the government that
they created. that injustice however fla
gitons might be perpetrated III open
day itiiout the possibility of having
any remedy or even altering decurously
"A complaint. This, we humbly submit.
cannot le the constitution and law;
reason iorblds it. All acts. however
solemn. however sacred, by whatever
body perpetrated. are liable 10 review.
IN some manner. III seine judicial or
other tribunal. 80 that fraud and false
hood may sink abashed and defeated,
and may fail in the attempt to trnmple
on the right.
II seems 10 hc virtually conceded
here that the Governors certificate is
not conclusive. have not time to say
much about that; many circumstances
may prevent his giving it; aud he may
ha.e given it under circumstances of
plainly tiagitious falsehood. without
any election AMI without anv proceed
ing had 10 sanction. He may have
given his certificate 10 his four little
boys and constituted the electoral col
lcge and the votes which they gave
pursuant to his bidding and by force of
his certificate. would become absolutely
conclusive and binding on all authori
ties Of the United States who had
power TO act in the premises We
claim you have the right TO
Investigate this matter and determine
two things, First. whether the Hayes
electoral vote is valid The final de-
cision at which you may arrive may re-
jcct either or may reject both, they are
not involved IN precisely the same
questions. Necessarily different qucs
tions may apply, and the vote for
Hayes may be pronounced invalid. and
the vote for Tilden equally So have
not time tc discuss more fully the ques-
ton is 10 the right If admitting the
Tilien vote II Hayes' vote he rejected.
II the little tlaie left 10 me haze
hardly opportunity of saving a word in
regard o. that winch is the main rel,-
ance If the other side, and that j. the
doctrine # An officer IL f;itto What
= that The best definition oi an Off
Ger ds ftttto. which | have fallen in with.
is tha; given by Lord Peterborough, in
the case of King against the corpora
tion of Bedford An ofiicer de fltfo is
one who Lad the reputation of being
the officer he sacms 81 lee. and Yet IL not
. good officer in point Of law" Now,
what - the proposition here contcndcd
fors That these officers have acted
under color of right and having com
pletoly exercised and perfected the
function with which they appear. II is
said. to be charged and with which. if
they are duly elected. they were charged,
any subsequent attempt to Sc, aside
would be contrary TO convenience, aud
mlschievous 10 society. Are the hank
totes of bank not having authority
to issnc them. although signed. perfect
aud finished. aud pu, in the hands Of
an sgcu, valid and ,iIvctu,l under this
principle, until some person has con-
f.ded in them. aud has received them,
and b.en thus mieled by the appear
ance ot right with which tiis bank had
clothed ,t,rlf'' Now we
IA aintsin that neither the public good,
nor protection ot men from detri iston,
nor any role Il cor veui,ncc. uUi policy.
require. the allowance 4 pretended
electors. whose t,,lc au ln>StIgatson by
comYe;eni sQthor.ty. before the votes
have bsvu opened All counted hss oscn
ascrr,alned 'o be grou"di',s Referring
Ia the facts of the case, vAA, l1 Nc
find The four gent.omeu - down
with false OoyvguaE'~ ,ertih c4.s,. OF
sham tvrt,i.,..'.s ,rosa i1e l,Aafi 4 state
c.anAa..ar,. Al .Aak Il Weir aa..llr-