The Electoral Tribunal

[ïho Court, as organizad, consista of the following officia1?: JU8TICE8 OF THrt tUTIlEMK COUÜT. JuBtico Olifi rd, of Maiue; Jiifticc ftrong, of Pennsylvania; Jutitico Millor, of Towa; ■ f 'i -i Field, oí California; Jtifltice Bradley, ( f N w Jersey. SF.N TO11S. REPUï:Si-.NTTIVFS. Edmumls. of Vermont ; Hour. of MassachuBttts; Morton, of ludiaua; ,Garfieid, of Uhio; FrollDgbuyBCn, of New Payne, of Otiio; JerM y ; Bnuton, of Virginia; Ba;,ard, of Delavaro ; W! K-t t, of Mivssachulliuruiaii, of Ohio. setta. Tho followiug aro the counsel eiuploytul : Itcntblican - William M. Hlyftrta an-1 K. s . titougbfur, of New York; Stanley Matthewe aud EfaoM l P, Shellabarger, of Oliio. Democratie- Lyman Truiu ■ bul', of Ulimn : Mattll. ('drpeiiter. of WlacoijKJn ; Jerraiah H. Blar!;. of PennsylvaniA; AHhbcl Grcn, aud Churlen O'Conor, of Ñew Vork.] Washington, Wdneöday, Ju. 3.- Tho Tripartito (Jomujiedion acerobled st noou iu the Supremo Conrt room and organizod. The i spocial oath of oftico was adminiatflrod to ; tioo Olifford by Mr. Middloton, the Clork of . tlio Oourt, and Justice Clifford, who, by the Electoral act, i the preeidiug oftieer of the commieaion, then admiuietered the oath to the other fourtcen members. James II. McKonny was then appoiuted teroporary Clerk to the commiesion. &. series of rules or th government of the bodv, drawn up by [r. Edmundfl, were adopted. It was decidod ïat the seeaions of the board should be rmblic ; 11 diacaasiona and conüultations between tho , membore of the commúísion, however, to be lold in privato. Speeches of couiwel were mited to two hours on tho min question, and flucn minutes iu interlocutor}' questions. Tlio onidentof the commieaion wae invoftted with utliority to rogulato all arranRcmonta sftecting the attendance of npoctator. Thuusday, Feb. 1. - Tho CDmmiaeiou met at 8 o'clock p. m. in the rocín of the Supremo Court, at tho Oapitol. A communicatíon from the two houeee of Congroas waa rocoived and read, asfollowB: Qai.1. of IIouke oe iïeprehsntatives, Fch. 1, 1877. - To the President of tho CommisBiou : More tban ouo return or paper purporting to bo a return or certificato of tbc electoral vote of the State of Florida baviDg been received and tuis day opened in tho preeencc of tho two Iioubpb of CougroBf, and objec tions thereto baving been made, said returns, with all accompauying papprs and also objectione thereto, nro herewith mbmitled to the juignient and dcciflion of the commiestou, as provided by law. ; T. W. Ferhy, President of the Sonate. There was considerable dicuseion in regard to the propriety of printiug tbo objectiona accomp&uyiug tiie returns from Florida, and : tlio nmtter waa finally postponed for ■ tlio time boing. The preaidiDg Judge (Clifford) called for tbo names of tho counsel who appear ia the case ou oach side, and Mr. Field, for the Democrat?, and Evarta, for the Republicano, announced tho nameB of tho attorneva for their respective buIoh. The preaidiDg judge then announced that conneol. not exceeding two in number on each sido, wonld bo aJlowod to particípate in the argument. The room was cleared, and the commitision went into 'private coiiöultation, and, aftor some time apent in deliberAtion, ad"journfd until Priday, t 10 o'ciock, a. m. FmbA, Feb. 2.- Tho Florida case was opened before the commission by four houre of argument from the objeotors to the conflicting eets of return. Tlie Demócrata had the floor firet, Mr. Field speaking an hour and a quarter, and Mr. Tucker filling up the reut of the two hours allowed. They argüed that there was gros nnd inexcusable frauti in the oounting of the Flcïida returns, psrticulariy in Baker county. and that the commii-sion shonld examine into tho facto. They claimed that the vote of Florida was loiritimately cast for Tilden and Heudricks, and 'that it was the right and duty of the comtniesion to go bohind the Governor's certificates and so decido. MeBsra. Kasson and MoCrary followed on beln'.lf of the Bepublioans, who ergued against the power of the coraminiion to conatitute ' itaelf a national returniDg board, go bohiiid the returns, acd overturn the electoral vota of a State, when cast in accordance with the constitution and lawa of that State. At the ciose of the argumente Juetice Clifford inquired whether the counsel propoeed to offer evidence before proceediog to the final argument of the case. It was replied on bt half of the Demócrata that thev expected to offer evidonce. Mr. Evarts, for the llepublicana, aaid they had nono to offer unless it ahall be decided that evidence ahnll be admítted. Adjonrned. Saturday, Feb. 3. - The day was devoted to heining argumouts of oounac! upoa the power ol the courtjo go behind the returns from Florida, the Tilden lawyers taking th e affirmative, of conree. Mr. Merrick opened the argucieüt, maintaining that the commiseiou had the power to go behind the raturna and take evidence as to frands in the election. Ho was followed by Judge Matthewa, of oouneel for Hayes. He aaid that üie election of President is not a popular election, ccording to tbe oonstitution, and thit it is a mistake to suppose that electoral bodiee are delegates representing the State, or the pooplo of the State, as agenta to acoomplish their will. When the eloctora completed their work by casting their votes thcii the transaction pasaed hcyond the limita of State control, and it bceame a Federal act, one of tboee thinga wbich paased to the jurisdiction of Federal power. The body of electora wbich haa an apparent right and title, and wliich is in exorcice and possession of the ftractions and franchise of au office and actua'ly exercise the po.ersof the office, is. for the purpoae8 of thia tribunal, the lawful body to cst the vote, and thoir voto must be couoted. Judge Black followed in behalf of the Democrats. He said there bad been ninch talk there abont going behind the action of a State, He beliered firmly in the aovereign power of a Stato to appoiot any person an elector, provlded It wae done iu the lunnuoi }.i-ooovlLcd y lioit Logiettvtiuro aun he believed after the appointment waa made in tbat marnier no man had tho right to go behind it and Bay it waa not an appointment fit to be mude. Anybody, whether an ofticer of the State or an fficer of tho General Governm ut, who undertook to sot aaide such an appsiutment as that would be (?uilty of ueurpation of authority, and hia act woulcï be utterly void. Therefore, if the Governor of Florida in this oase, after the appointment of these electora was made by the poople, uudertook to certify that thsywerfi not eUcied, and to put aomebody else in their placo, tbat act was utterly void, falae, and fraiululont. They wero not goiny behind the act of the State in the case. Ther woro only going behind the fraudulent act of an officer of the State, wb.oae act had no validity whatover in it. Mr. E. W. Stoughton, of counsel for the Republicana, arguod that the eoart hsd no power to go bebind the returna, after which tho commisaion adjoarned. Mondat, Feb. 5. - The entire public session of the court was ocenpied in hearirg speeches by Messrs Evarts and O'Conor, which elosed the argument of coansel upon thoqaostionof the power of the commiHsion to go behind the returna. At the conclusión of Mr. O'Conor'o addresa the court went into aecret Bestión for the purpose of cocsultation.