Year: 1877

for there is nothing LEFT of It If the State
did act in that case, by competent
officers whose action were perfected, and
that action resulted adversely.


II is clear now, in the minds Of all. that
the States have sole jurisdiction; and this
being so, 1t must be admitted generally,
that the Federal power has the right only
to exercise the ministerial function of
counting the vote that 1t cannot 60 back
further than to ascertain what was
the final action by the State in the matter,
being absolutely bound by that action,
whatever its character. Inasmuch as there
must DO some point at which the State
Jurisdiction ceases and Federal jurisdiction
commences, II the officer or body counting
the vote shall tind that the State by com.
petent authority carried forward and per.
fected its action by surrendering the trust
to the proper officer Of the Federal Gov
eminent, the dividing line is ascertained,
and there is nothing further to be
done than to count the votes as depos.
tied. This proposition Is as clear as that
asserting the jurisdiction Of the States to
choose the electors. 1t is for them to
choose or appoint the electors, and for tho
electors 10 do certain things specifically
enumerated in the Constitution. When,
therefore, the electors have been chosen,
their election certified by the Governor Of
the State. and their action as electors
taken, and by them certified, sealed and
transmitted to the President Of the Senate,
the authority Of the State is exhausted, and
the matter then passes to the Jurisdiction
ofthe general Government, as represented
by the authorities constitutionally ap.
pointed to exercise 1t.


Now in the case of Florida. the Gov.
ernor certified to the choice of the electors;
the electors met on the day appointed by
law and perfected the action of the State
and thereupon the President Of the Senate
became the custodian OF the evidence of
that action in trust for the joint benefit of
the States and the United States, and there
was no longer any room for the exercise
Of State authority. That authority was
funetus cDleio, and anything that was
done afterward by any of its departments
was null and void, and of no more
force or effect than If done by the cor.
porate authorities of one of Its cities or
villages. 1t is idle to say that the result, as
first declared and acted upon, was affected
with fraud, and that 1t was competent for
the State to supcrsede 1t by such subse
quent action as should defeat error and es.
tablish justice; for If this could be done.
there might never be an end of like pro.
ceedings, since 1t is not competent for the
Federal power, in such q case, to arrest
the action of the State. and by means now
familiar to the public, there could be as
many changes of the result as there might
be factions to gain successive control.


But this whole theory is untenable. II
it were possible for the State, by the com.
bined action of the coordinate branches
Of Its Government, to effect such result,
then any State choosing electors of one
party and Governor and Legislature Of
another. could, ifsuficiently corrupt to do
go, defeat altogether the action Of the peo.
pie in the matter, and by the irregular
practices here attempted procure the re
cognition of such college of electors as
should suit their wishes. There can be no
danger of a decision by the Commission
sustaining such course for II the proce-
dure can be supported upon any assump.
tion of right, there is no security for the
future against the encroachments OF error,
through the insidious advances Of hypothe.
sis.