The New York herald., 1877-02-06

ueieatng
Ing into discussion OF the mere risn. that should
leave the Office vacant until the mere right was
de.ermlnedy Now. Is an absolute novelty
unknown In the States unknown the nation. that
Judicial inquiries be interposed to stop the polis
ical action that leads to nliing magisracy. The IN
terest OF tho State Is that II shall DO llcd Filling
" the exercise OF political right, tho discharge OF
politcal duty, with such safeguards about the first
canvass the second the third and the fourth
the lna counting before the two houses suit
able To see that there Is progress under
authority, the perverson OF which is punishable by
tue state by the nation within the sphere
the other that shall retard progress
| end. These are provided these are useful but you
do not stop with judicial investigation bal lot
box upon suggestion that II has boen stuffed and stop
The election untii that quo warranto nnished and
then, when you get 10 tho FIRST canvasscr,
stop this count from gong on because It Is
false count, and have Court decide.
transactions IN the rapid progress to tho result aimed
alto w.t. tho hng OF the Office with quo warranto
II Is an .bsoluts novelty. Attempts have been made,
but judicial action has been accepted anu oi
lowed except OF mnndamus 10 compel officers to act,
| nothing else That was retarding, that was &c.
celebrating, that compelling, that dscarding
delays the question ot right
In our supreme Court OF New York. not very many
years ago, attempt was made TO obtain inJuEc-
ton against inspectors canvassng tho evidence ut the
primary deposit OF the ballot box OF their election
district because they had been sworn tho Directory
and not the Bible. Now, they had right DIS
charge their function without swearing on the Bible,
the preliminary OATH the hrst conditional observance
to the duty. The court discharged II, necessarily.
| However much that may lind place u
quo tigaton OF the whole transaction
piccemea inquiries cannot be made, and no Injunction
u inirude into political act. Now let
call your attention TO provision In tho Of Con-
tho application vi which not have attracted
observation II Is provided IN the act that II tho state
shall have failed to appoint the day for appoint
ment It may make Il subsequent appointment tho
LEGISLATURE may please. II was not intended. then,
that tho process OF nnding out whether there had
| been an election or not should BY its method
and lis regular action DO exposed to q frus-
traton that the failure itself disclosed
by tho political CANVASS 10 tho basis OF the by
which the State was TO exercise ts functions time
hAra tll,
provision which shows that they recognize that the
method OF progress in tho result to be cherished
above all Others that Its success might end time
couier the qualification, or It's failure IN time that the
substitution appointment reserved to the State should
be accorded Now It Is said that failure OF election Is
10 be retarded In It's declaration 10 deprive
State OF its power to nct upon that failure,
and II Is said that by the q OF Congress
contemplated either ascortainmont may involve judi
cal proceedings In tho State. Why II there be any
thing that election laws is providedin evory STATE
is that there shall be no reconsideration steps back
ward, delays except the ministerial and apparently
easy duty and II discretion Is given by departures
that general policy IN particular States Is always
found 10 have It's origin III mischief per 10
greater mischief ior which is designed, abnor
mai condition of the body polite that reqniies de-
parture the general method OF MINIS
| teriai transaction.
Now our proposition us has been laid down so well
by my learned associates Is that, under the State law
Fiorida. that tho method that Is tho action and
| that every net and stage of that action riphlv
wrongly, honestly purely or trauducntly, has con.
ierrcd qualifications such as the federal constitution
requires in the appointment by the State through
the point thai the line oi dcmarkation be-
tween the inception Of the federal authority
action precudes inquiry al tho furlhest beyond tho
fact certified OF record and the OF tho
ttncate to DO found In the legislation proposed In tho
| Congress OF 1900. when the wisdom still OF the
fathers enlightened by tho working OF the great
scheme thoy had framed. II Is there shown that the
demarkaton should be observed and that tho powers
should not include or DO deemed 10 include any inquiry
into tho votes as cast In tho State The novelty, as
havo said, Of the situation produces strange
| Never before has there been rctardation OF tho
political transaction OF counting election, and
to accomplish that, almost mirice has been needed
for tho and moon have been made to stand still
much longer than they were ior Joshua in bis conflict
In Judca and you will find that the attempt bring
judges--(I do not now speak oil judges the Official
capacity that portion Of this Bench occupy the
SUPP eme Court but mean judges nature oi Junction
and exerc,se)-in,o working OF this scheme OF pop
| ular sovereignty In Its political view will make
iptoersbe viii deiraui and defeat Il 10y the nature
that Intervention, not the character Of the partic
uar transaction OF the Judges) TIL the government Of
the judges will have superseded the sovereignty OF
that which tho children Of Israel had to pray fora
King.
Mr.. Evarts referred the commission, In closing, to
the following cases :-Dckey vs. Reayes, in the 18th
not gven) in tho 18th Maine Reports, page 500, CON
tanning opinion OF the Supreme Judicial Court OF
e SSs New @ Reports page do and
recent ease, called he Cnsar rin case in the dis
trict Of Virginia. published IN Johnsons Reports pago
| sPESwH OF MR.. o'coNoR
Mr.. Charles O'Conor, OF New York, then addressed
the Commission. He said:-
Mr. PRESIDENT AND GESrLEMKN THE COMMISSION
will not say probably, because 1t may ba said
bertaniy. the most important case that has
ever been presented to nny official authority
within these United States, Is now brought
before thus honorable commission for It's in
vcsligation and decision II Is brought under circu
stances that give absolute assurance tar absolute
assurance exist In human things, OF sound, up
right and intelligent decision, which will receive the
appreciation of all just and honorable Tne great
occasion which has gwen rise 10 the construction OF
this tribunal has attracted tho attention OF every
lighened and observing individual the civilized
world. This COMMISSION nets under that observation.
necessarily pass into history, aud, from tho
deeply interesting character I'm all It's
rcspccts OF tho proceedings had and Of the jude-
to DO pronounced. that history will attract
attention OF students and observers and mon OF int eli-
gencc or OF any literary culture. as long
try shall be remembered Tor shall not be supposed
that question ever Will ARISE 10 DO deter
mined In manner AT all similar to this.
which, by its superior magnitude Importance
decacy aud interest will tend to 0bstruct this
It to be overlooked. The selection OF members Tor
this Commission made by choice Of live indlvIdu.
ais equal to bc equal pronounced be equal
II not SUPERIOR to any other Individuals IN the House
OF Representatives, and similar selection OF similar
individuals has been made In tho Senate,
thus presenting the entire Legislative represent
tation o. our whole country to the observation
Of present aud iuture times IN what you hero
do To them s added selection from the highest
tribunal known under our constitution and laws, and
certainly tribunal equal IN majesty and power to any
Judicial tribunal that ever existed This selection
evidently, from the whole form OF procedure made
with an earnest intent, and " may bcesaid with liked
resolve have here represented whatever Of
perfect imparality ana fairness whatever of purity
aud integrity our country afford, and this pub
lie the highest authority to express the will OF
the people OF the United states OF America. The qucs
tons to he considered OF u public nature and OF a
judicial nature. Every membcr appointed To this
Commssion has been Jurist ny profession all his lite,
and has his time and his studies to the apprc
henson and the comprehension of this class OF ques.
tons. 1t said by great English judge and
great writer and historian, In the highest court OF
appeals In that country, In an eminent case, that
a AnSt IL
edge TO which our brethren OF the United States Of
Americi had chiefly devoted themselves, and the
thirg IN which they had chiefly cxcclcd u.s. With all
these elements aIording guarantees Of the result
think IL may confidently be asserted that tho
result cannot be other than such as the
great OF intelligent judgment present and fu-
lurc times will approve. With that assurance and with
n deep oi my own incapacy To meet the argu-
great question presented TO you, but with
tho thai ~ clecis VIII le auLlllcd