The New York herald., 1876-11-25
FLORIDA.

FLORIDA.
TIE ARGUMENT pfroRE THE COURT ON THE
APPLICATION FOR AN INJUNCTION AND MAN.
DAMUs-sEvERE COMMENTS OF DEMOCRATIC
COUNSEL ON GENERAL BARLows DEFIANT
SPEECH PROBABLE COURSE OF THE COURT
REPUBLICAN MANAGERS.
BY TELEGRAPH TO THE HERALD
TALLAHASSEE. Fla, Nov. "a, 1879
The Court opened this morning at nine o'clock and
Mr. Sellers, o Philadelphia and began the
replication Of the petitioners for the Injunction and
mandanus. He opened with alusion to the defiant
tone OF General Barows speech OF yesterday, which,
by the way become The universal topic Of discus
sion. SAID he-
mako NO illusions TO the unusual scrutiny that is
now bearing upon Your Honors Court or TO the possi
bic criticism OF lawyers editors. or citizens on your
Honors decision Sucn illusions are dsrespectiui to
the OF justice and certainly the
profound insult that ever saw nut upon juuge In
his sacred tempe oil justice
Mr.. Sellers then proceeded to argue that the injunc-
tion interference with any executive right or
Junction. but simply the restraining OF individual
from committing papabc wrong Referring TO the
argument that Governor could be reached only by
action for redress brought after the act
mlttcd, he said that no court OF equity would refer
petitioner for an Injunction TO court OF law Tor redress
unless he cond obtain perfect and u justice after tho
commission 0. tho act In illustration, he alluded 10
tho power OF the Governor to death warrants,
asked If tho court Of equity would put
demued man VINO prayed stay against the Governors
signing The death the necessity OF getting
redress alter he had been hung.
ISrERpRETs LAwf
Mr.. Sellers became quite impass,oned when he
tAa nfn nurla
that the be tho judge OF Tho law when
there was any doubt. Said he.-
Whero does this alleged right OF ono outside of the
courls 70 interpret The law come from IL
with that dcbAuchery ana debascent VI puoIc scnti
ment aud oil legal sentiment that began with The
reckless assault upon the right oil haDeas corpus be-
tore Judge lancy and had It's mad ending in the
ruge o ,hc south Carolina Returniug Board three
days ago The Court must interpret the law. A
crimnal might just as wcii claim before court OF
law that he had committed the crime upon
his probation oi tho law TO caiin before
court OF equity that he must be allowed 10 20 in
pcrpctrat wrong because his Interpretation OF the
law gave him The right 10 do H. THIS heresy OF inter-
prctation has corrupted sense OF exact justice,
lowered the standards oi our courts ana tainted
legal sentiment, uutil evcry man with English blood in
his veins, the love oi English libcriy his heart
should hang his shame. IL you allow the Gov
ernor 10 deerminc who are your electors simply upon
his Interpretation OF the law, what Will prevent his In
tcrpretng the law at last 70 mean that he seat
your congressman even without the holding OF an
electony
law used by the opposition quoted from tho pure
and ccntempiatve era OF Kent when, said he, there
proper pause ana doubt as to jurisdiction But
must remember that political fraud and trckery
have made such rapid progress that tho pure mind Of
Kent could not grasp either The situation or the
remedy. We have been obliged In this day OF swift
wlckedness TO throttle corruption upon the very in
stant ana invoke against garius outrages the pence
able remedy OF the violent remedies sug-
gesled BY pubic Indignation may be avoided
POWER ENFORCEMENT.
Referring TO the repeated question, II you issue this
injunction. may It please Your Honor, now are you
going to enforce itf Mr.. Sellers said the ire
quent remark Of bis opponent yesterday, We ask.
IN tho language OF great criminal, What you
going to dos'' We had IN the North a robbcr and
pundercr OF the pubic, who had inirenched himself
with all tie Offices OF stote who had prosstued overy
public function and every pubic statute TO
his base and wicked purposes, aud when
an indignant public asked that
account Tor hts wrongs he expressed the same
indignation that is whispered throughout the State
Forda that he did not wish to 90 INTO court of JUS
tce. and asked these men, What are you gong do
about It? May it please tho Court, am here to get
the judgment Of this Court. do not choose to as
sumo that that judgment will be disobeyed Sufficient
for the day Is the evil thereof and II could think
that Governor Stearns with the Interpretation of the
Judciary power OF this siate that he had not
tho power, would IT, should think, as have
frequently thought that those whom the gods mean
to destroy they first make mad We are satisfied If
this honorable will sacred ac-
cept the Governors disobedencc Of that order. or
course feel with great force that II attachment
were moved you would hardly imprson the Execu-
tive Of this Commonwealth, and when Soc how every
productive industry OF this great State depends upon
his administration and l how firmly
no 10 placed In the hearts and affection Of this
people, how thoroughly their interests connected
with his Executive work, ! must feel that Your
Honor would pause q considerable length Of time be.
ioro you would abolish that Executive You would
not put this State tcars and you would give the
downward impulse to which that course might lead.
Mr. sellers closed his argument on the injunction
case by remarkng that the Governors affidavit, sent
In yesterday, in which he said that he had not deter
mined to make the usurpat'on complained OF, did not
say that he would not do 20 ~ future Hc
therefore still prayed that injunction might issue
THE xANDAAUs CASH
In trying tho mandamus case Mr. Sellers called at
tention fact tho OF ONCE OF electors
lasted only ono day. and II It's privileges ex-
erclsed then they wore lost forever He then argued
that the sovereign VIII OF the people had demand
that the electors should be elected and
duly before the term Of their Office had arrived and
EXPIRED Il was the duty OF The Court to that the
popular will nnds expression fthe ofhce Of eiector
was one which DO nlled at distant time or
was occupied BY some incumbent who could perform
its duties, the Court would not % under the necessity
compelling the Board TO proceed TO the performance
OF its regularly appointed duties but this Is not such
case II The Board is not forced to begin us work
before the 9th OF December the sovereign demand Of
oria vw,u ,od md nvvtii
no electors through whom its vote might be cast He
begged tho Judge to remember that he not asked
TO influence tho action Of the Canvassng Board, but
simply TO order that shall go work ana perform
its duties directed by law. The counties sepc-
rate aud none OF tbcm can modify or change the
canvassing OF the returns OF any othor,
and no harm could result from the opening
OF the canvass at present Referring TO
the alleged clam, that u The Board did