The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-06
The Electoral Count.
The Day Occupied with Argyll
mclts by Evarts and O'COE0r.

the pressure began upon the doors of the Su
preme Court room, where crowd had collect
ed anxious to hear Messrs Evarts and o. onor.
Every available inch OF space was occupied.
Evaris' Argument.
Mr.. Evarts spoke first of the powers of the
commission. 1t is suggested, be said, that
certain package of papers, brought by messen-
ger into the presence of the commission, is be-
Gore it as evidence What those papers con-
tain is unknown to counsel on one side and I'M
known to the commission. The claim that they
are before the commission is based on the fact
that they were mentioned in one of the objec-
tons. Inc objections are not pleadings but
simply the act upon which reference arises.
III volunteer oDJectorS on one side or the other
could make up the evidence, the action would
be singular and not in accordance with law
The extranecus evidence proposed is not to
show that the certificate of Gov Stearns was
falslhfd, but to go into The record and say that
somewhere between the deposit of the ballots
IN the ballot oox and the county canvass, or be-
tween the county and state canvass, there had
been mistake or fraud. If justice tolerated
it, or the powers of the commission allowed it,
this proposition would carry the inquiry into
all that related to the election. That the cert-
icate of Gov. Stearns is in accordance with the
act of 1892 is not questioned, nor is it proposed
on the other side to show that the facts as Ger
titled did not exist by any suitable evidence
1t is further proposed to introduce evidence to
show that Mr.. Humphreys was United States
OlHCcI. LuiS Is uldttGT VI SURPRISE, bOA ~ "oo
subject of discussion at the meeting OF the
canVassing board of Florida, and Mr.. Humph-
reys testified that he had resigned ten days be-
fore the election. His resignation had been ac-
cepted, and the duties of the office were dis
charged by the collector of the port of Pensa-
cola.
His proposition was that at that stage the
two Houses should not entertain the subject of
proof, and that the process must 90 on when all
the guards had been passed away from the peo
nln fhrar1 Ob 10 hn T
this point the certificates must stand unchal-
lenged and unimpeached. In reply to question
by Mr.. Thurman whether, if it should appear
that the four electors were members of Con-
gress the vote could not be counted, he said
there was no safe way except to say that the
injunction laid upon the states did not execute
itself, and if the states did not execute it Con-
gress must by law provide for its execution, and
that law did not now exist Congress accep ted
the certificates as the recorded title Of the lee
ton, and to 60 into searching inquiry in rela-
ton to the merits of the rival claimants was a
judicial inquiry, to go into which required plen-
airy powers, and no judicial body could exercise
that power except properly constituted court,
with its members appointed by the President
and confirmed by the Senate. Farther in the
by jury existed and could not be denied. As
suming that the Commission had the right to
go into the question, he held that not having
the power to make the judicial inquiry it could
not consider the question, and cited a case in
which the Governor of Maryland, on similar
grounds refused to determine the term of the
attorney general of the state. He opposed the
theory advanced on the other side, that the
Commission had quo aydTTdnt0 powers. He Cit
ed an act of the state of Florida of February 2,
1877 relative to proceedings in quo 2cGrranto
which provides that when the attorney general
refuses them the REALTORS may make themselves
parties to the suit, but it shall be in private
suits and shall not be bar to suits commenced
Dy the attorney general in tie name of the
state.
He read also the 31st and 32d sections of the
statutes of Florida, and said they made the
Governors certificate the final determination
of the state. This the Hayes electors had, and
the Tilden electors had not. This was the final
and decisive declaration of the state. All that
precede the deposit of the electoral vote related
to the qualification of electors, and after the
votes had been deposited with the federal gov
eminent and in charge of federal off Ter, the
national government must respect the rights of
the state and regard the action it had taken.
From the moment the certificates were sealed
no power of the state could arrest it or avert it,
and it must be opened and counted as deposit
ed,
He said the trainers of the Constitution were
not wanting in forecast or circumspectlon, but
zealously guarded against that peril of mon
arches or republics, a dis puted succession,
This was instanced in the provision mat sec
ond election in the event of the failure or the
nrst must be held before the 45h of March.
Saieg1arasWere provided all the way along,
LrSm the counting of the ballots to the final
determination, and at the same time to permit
the proceedings to go on, but nowhere was it
provided that the progress of the ballot should
be stopped by quo aodrraoto proceedings, no.
where was there any proceeding that permitted
the election to be retarded. The acts Of Con-
gress provides that if state shall fail
to make an election on the day
M a a do 10 on
election which SHOWS determination to cher
ish the method of progress. If there was any
thing provided in the election laws it was that
there should be no consideration of the action
taken. The state law of Florida at every step
and stage of that action has conferred authority
that cannot be questioned. Never before had
there been an effort to retard the progress of an
election, and to accomplish it almost miracle
had to be performed, for the sun and moon had
stood still much longer than it did for Joshua.
Mr.. Evarts closed his argument at a quarter
to one o'clock.
O'Couor's Argument.
Mr.. Charles OConor of New York, then adj
dressed the commission. He said
Mr.. President and Gentlemen of the Com
MISSION The most important case that has
ever been presented to any official authority
within these United States is now brought be-
fore this honorable commission for its investi-
cation and discussion. 1t is brought under Cir
cumstances that give absolute assurances, so
far as absolute assurances can exist in human
things, of sound, upright, intelligent discus.
ton which will receive the appreciation of all
suit aud honorable men. The great occasion
which has given rise to the construction of this
tribunal has attracted the attention of every en-
llghtened and observing individual in the civil
lied world. This commission (under that OBJ
servatOn) and the conclusion at which it may
arrive must necessarily pass into history, and
from the deeply interesting character in all the
aspects of the proceedings had and of the judi
ment to be pronounced, that history will attract
the attention of the student and observer and
man of intelligence so long as our country shall
be remembered For it shall not be supposed
that a question will ever arise to be determined
in manner at all similar to this by its superior
magnitude, Importance, deicacy and interest
which will obstruct this or cause it to be over
looked.
The selection of members for this Commits
sion is made by choice of five individuals, equal
assumed to be equal, pronounced to be equal if
not superior to any other individuals In the
House of Representatives, and a similar seec-
ton of similar individuals has been made in
the Senate, thus presenting the entire legisla-
tive representation Of our whole country to the
observation of present and future times in what
you are here to do. To them is added selec-
ton from the highest tribunal known under
our Constitution and laws and certainly tr-
bunal in majesty and power to any judicial tri-
bunal that ever existed.
This selection was evidently (from the whole
form of pr0ceedure) made with an earnest in
terest, and it may be said with fixed resolve
to have here represented whatever of perfect
impartiality and fairness whatever of purity
and integrity, whatever of learning and dignity
OF position our country can Afford and this is
public act of the highest authority to express
the will OF the United States of America.
The questions we considered are of a public
nature. Every member appointed to this COM
mission has been j1rist by profession all his
life and has devoted his time and his studies to
the apprehension and the comprehension of
this class of questions. 1t was said by great
English judge and great writer and historian
in the highest court of appeals in that
country in an eminent case that Jurisprudence
was the deps rtment of human knowledge to
which our brethren of the United States of
American had chiefly devoted themselves and
the one thing in which they had chiefly excell-
ed. With all these elements of affording guar.
antees of the result, L think it may confidently
be asserted that the result cannot be other than
such as the great voice of intelligent judgment
in the present and future times will approve.
With that assurance and with a deep sense of
of my own incapacity to meet the argument of
the great question presented to you, but with
the confidence that our defects will be supplied
by the learning and judgment of the tribunal,
proceed to lay before your honors what may
be said to be our part in respect to the issues
that have been raised for consideration by the
resolve adopted by the commission on Satu1-
day.