The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-04

ccrtincaie shall be conclusive evidence o} anything
H. Il no making III srs hSyd Op senS eo
have been something In the section transcening the
Scr or % tSy could neither reach c governor 70 by pro
S s sT ros SI S congress Ms; nS
the GoyernQr TO issue that cdiuncne; and IT Il was
np %f%l he he oSrSa
10 be Ss a ss ers " G e Com Com
cluvei For the certificate Is conclusive when issued
there 8 no ,estmOny and aples: IL i nceSSmpsnies Tho
the net q sy Se hs 70 i've m %
sress could not not n had been disposed de-
only evidence Of the election q !he electors he sow
sa Of ce s by an %
sSy ,Ss%~iyss L 70 hs! consTs:. adds sdso"a
% s GS Sce would SS oon
u si esSns Of aSe FEDERAL and dc
There are two proposhons FIRST whether Congress can
inquiry and take testimony sons behind the cefdeais
S S +. Of o s ss moo sS %e ne ns"s e ss %
aihercs the regularity OF the certificate, That is
S%cSsr o"soa an" totally slS SeiS%i rom @ that wGS fs IS
enire into the electoral vote ana 10 what votes
will be counted can receive evidence furnished by the
efnor may have syen There is wide difference ihe
hc ,So oucs Of Primary Gmsg Ssi
original power separately take d siimony gong behind
Slate @ ees J eSct 'i1 IL 'ss or u', to 'iri a an G
fa dsd nO0 "a an Sscn YS'S'' or Sa %Gad oSs Sf
a Presidential election might turn upon certificate
faschood or fraud ard YET could neither Be i'm.
Icached by the state dai ea.s 4! nor insrered w'h by
and perpetual truth IN the presence oi conflicting e'i-
take up ihc second proposition in the case Of Florida
The state hercl after The meeting o. NC electors,
was given either hy mistake or fraud, and was founded
by her legislature directing ANOTHER canvass TO be
s Ind e9 sp s aa e nsl a & 's bsSa m s's9 20 Se Sa
rre he aw prcq,a, cfsInS Ss sS naGS
| existing and having In the mhndamus case received
from her ir,eaas Of last resoT, an opinion siy'
which 9paSSn ihs, saa. th' re RE-
made a return that was erroneous uIier the law,
ne state Ies.sturs on The bssi, q ha, Spinsp direct
canvass was made and returned 70 the Lesslsare the
T. Shom G ha poen Ssa"i by 90" IsaTns
were not elected and specifying by esi.a.ye enact.
speak her voice in the Electoral college But she has
sp@s h"s Pufc wS quo Ssss SeS TO sssTse Ss
electoral office under the certificate; issued by
before h,r Judicial tribunal docdci that the men
thnt o,hcr men we're elected fh,rciorc yon have nom
that state this evidence evidence from her LEGISLATURE
tbunai. ,ha9 the eisctdr. t. whose vote We oec, here
florida S0' S TSronS as ak dpsr MS OF her S Go'SrS S
menL FLORIDA comes 10 the United states and
ana !. clnh-i,d in you-w rpro'eei her people from
appointed i speak in hot bclar Is no. tha, competent
evidence tu so before the Houses OF Cougrcssi lit Is
orl.nal pew.r back and INQUIRE in? the manner Of
sTnnei, ami Naturalization Of ~ tinted slsic, IN tie
power an, state Executive that may issue HI cerui.
unsnimoa. ,ese Of the State Wa, in iaNor, Of
NAV take ic Shoe popnIs,'n OF Tioria sai aihoasR
The, ma, nov,r have vote, ior of ~ and though and
he ma, have teen favor VI other par.
AMI The errua'sic na, nu, bccon. bmlus on c'-rcs.,
nn. @ VA ,ns ,yi. ,,e ,f,, a,,N "a, ,r, i tne 1 r,it
states 4 ~, le ,he law thcg VINO shall deliver u,
| Congress. its not IN the power ot the state.
JUDGE BLACKS ARGUMENT
Mr.. Jeremiah Black followed Mr.. Merrick on
| the same side Of the question. characterizing
! Mr.. Mcrrick's statement of the cnsc as admir-
nature Of the case upon the comini- sion. and 10
| give "A full notice % gentlemen on the other side
! ns to what his (Mr. Backsl side intended 10
rely upon lie said ii would he inly "-'ilding
! refined gold Tor him ~ ati anything u Mr..
| Merrick, statement. II" Insisted upon 4 that
! the evidence being once IN or offered, OF He'd IN
| the ease, was 10 be- treated A. Court Of Equity
treats cSideno. The commission was not re-
qured to give II any particular amount Of force
| or weight in It's final judgment; hut the CONF
| mission was TO look NJ u and 10 determine the
| ,ise on ail the evidence before il.
| There had been much tax here ABOUT going
bahind tho action Of State. He believed firmly
In the sovereign power OF a state 10 appoint
| the manner pres rihed 10y her Leg stature. and
he believed that alter the appointment was
made ia that manner. 70 inhh nNI rlsnt o. 20
/ h"hini 1t and say That twas net an appontmrnl
/ N g. b., made. ANYBODY whether an onicrr Of
/ tho State or an olllcer Of the general GpN"rn-
| mcnu who undertook TO set aside such an az.
/ poiuimrnt rs that. would be guilty Of
| usurpation of authority, and his act would he
! utterly void. Thrreiore. II the Governor Of the
State of Florida in TINS c,lse, after th. appoint
| mcnt OF tn, 80 electors was made 10y the people,
| undertook 10 certify that they were not elected.
| and To- put somebody else in tn,ir ila e. that act
was utterly void. false, aud fraudulent. They
! wcrf not going behind the act OF the StAtr in
7 f@ az fX y %GrS %g p@ 4 FIRE hs state % %hosS '
| at hnd no validity whatever in II. TINS Nas a
| question OF evidence Two sni- of persons came
! of tho stat" Of Florida. for the purpose
| q performing that important function oi the
! President. II w,.s tho business of the two
/ Houses OF Congress 10 count the votes. II was
the word votes that gave the conirolllns mean
| INK 10 the provision of the Constitution. Inc
votes We're. to be counted. not fraud, not a
forgery, When they were ,9ld that II ne fresi-
| dent of the Senate laid before the two
Houses false paper that was al,so-
lutely a counterfeit and that that was an
end NJ il. and that NO eNtranoous evidence could
| that paper was forgery the doctrine went too
| far II that proposition were crrrirl 9ut Ia its
logical con 'us0ns, then II would follow that
the two Houses Of Congress must simply re-
coive what anybody chooses TO- iahri,atc ana T.
say before them through the President OF Ne
Senate nor either OF tho Houses, nor both o
thcm together. could 10 ANYTHING nul lusl 'ak, A.
What %ss sSn w'G9p' VI Ea9nG sw 4s2 ID,
saw. and he hoped that nobody on the, other
side would attempt TO deny, that IN" tMO Houses
OF Congress have the verifying power
the power which enables them TO in
quire whether a, pap1r Is iorsei>
inquire whether IT is u countrrielt, they c"r'
| tninly have n right 20 inquire whclhrr II If iY
| inSali dated by the Fraudulent muhher IN Whlcl
il was concu,ted. The work of the countcricitei
was a. well entitled to be regarded ~ truth
as the mere spawn Of criminal conspiracy
gotten up for the purpose Of cheating the p"oplt
Of the state and the people OF the Ihlon hS
oycrturnlng and oyerhrowing tAe great prin
ciplo underlying the institutions - the country
In this case II was shown that the rrltln'At'
was fraudulent. How WIS 1t shown By PRO
ducing the evidence that the other SET OF elec
tors had n decisive and clear majority oi th'
votes that were received and counted at IN,
polls. Gov. Stearns knew that, because 1t Wa
rocO rdcd In every county IN tc state, Tho
votes were collected together ana wcr" nl"d IL
the ofllcu Of the Secretary OF the Commonwealh
That was ono way in when the ialschOOd
and the fraud We're shown. But II wds shown
again by the evidence Ol an act or thc Ioglsa'
ture containing the solemn protest OF the stat,
against the cheat which her de facto Governor
attempted to palm of on her and on The nation
1t was shown again 10y the iact that the Cover
nor OF Florida-not the, same person
hut tho same ofilccr-had revoked thai
fraud, declaring that tho other partio,
and not those whose. votes We're now
offered had hoen elected and chosen and au
thorl2ed exclusively 10 declare the vote Of th'
Stnte. Thus there was the evidence Of two de-
Sttt. "a IA,