The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-09

~ que A-fFFIs(R IL y As 4Sl1rnLCcI II 81
they were usurpers. that they had nc
right 10 othce, and that their acts were
void. Is there any such principle that
The fneAs1.e partial action Of an otticer
IL fsGtt3 can Oe carried forward and &c
20 its perfection by acceptance as due
and valid ac, after the iuvalidity II
,ha: officers claims have been esta -
!ishel Whether We repo.e on ,.o
t-lrrdA'0 under your honors' allowance.
or repose Oh proof which may be Of
fered. admitted ani passed upon by
your hanors, Tor the purpose Of show
iag the utter inability Of those gentle
mems claim 10 the Office Of electors, or
in whatever shape this matter Is pre-
.ented or carried forward, the act of
these officers IL -facto fails to have
reached point where they can
have or take any effect. or can
deceive or mislead anybody. and
it is shown and established by
competent means 10 lie an sc, of those
who had no authority to perform it.
The Tilden electors who although they
had no documentary evidence 10 estab-
lish their title, had actually been elected
If our evidence 10 10 be believed, con-
vened their electoral college, performed
their ceremonies, which the constitution
and laws Of the United States enjoinsd
and which it WAS possible to perform.
failed only in this last, that they did
not obtain the certificate Of the COVER
nor They constituted a college. they
acted and they send forward their votes.
Thus you have two rival bodies acting
TO be sure, at the right time and in
tbs rlgLt place as prescribed by the
laws bearing IN the subject. two rival
bodies, one composed of persons right
fully and duly elected, aud the other
composed Of persons who had no right
hy, only mere color or pretense Of right,
who were usurpsrs. as has been ascer-
tanned, in one form. and will be ascer.
tanned in any other that may be salts
factory to you il you will permit US to
present the evidence Now, this is the
actual condition Of this case The con-
stitution prescrlbes no forms save such
as has been complied with by tho Til.
den electors. The law of Congress pre-
scribes no forms which were not com.
piled with by the Tilden electors, save
aud except that they could not obtain
the governors certificate, and it is pref
ty much conceded, think, that the
governors certificate is not absolutely
Indispensable, aud may be gsinsaid or
cDntradictcd even, If il had been given
and WAS false. SO that in this case Of
rivalry between these two sets of cleo
tors 1t appears to Me we present the
best legal title That we have the NOR
al right is the common sentiment of all
mankind, as it will be the judgment Of
posterity. n 10 what Is actually here.
the course of nv argument bas tended
to establish, aud has been intended TO
establish. that each house of Congress
bad jurisdiction in the matter. each Of
them 1T least of one section Of it. and,
therefore, all evidence which, according
10 the customs and usages of legislative
bodies. either house has taken. and has
on its files. and will consent 70 send in
here or has sent III here. is already cvi-
dence i'll the case so far a, 10 be read ii
1t comes within the range Of subjects
and Of matters Of fact which your hon
ors allow Us to investigate.
TCCkERs address,
Representative Tucker summarized
the objections presented 10y Field. and
said the whole question presented to
this tribunal is u question presented to
the two houses If Congress and for
which they have substituted this ,ribu-
nal in their stead to decide. 1t is simp-
ly this l. there any power in the Con
sttution under which we live BY which
fraud can he prevented on the presiden-
cy. He alluded 10 the quo ndrraato Of
the State of Florida cs rel Wilkinson.
Coll and others, and to the decision Of
the Supreme Court in that State. The
decision Of the court he argue. to be
sustained by authorities, citing among
other authorities, high Oh extrAordina-
~ remedies, Lee. go The returning
board. he regarded as merely one step
in authority by which the promul CATION
OF elections were made. The final de
terininant authority. if he were allowed
10 make use If the word for the occa-
sion. provided by Florida, was the Su-
premc Conrs. ami WAS therefore, unless
primary d.terminant. hut also as
To the extent of its power. Then
We must regard the proceedings
III Florida upon the action of these cleo
tors As part Of ths. determined power
which the State has provided against
fraud and iliegali,y in the exercise Of
elective functions and fraud vitiates all
! will not argue that the
Judgment of court Of competent ju-
can be impeached collaterslly
for fraud, if /, could be. it would he
against public policy; il would be scan
dal 10 inquire into bribery or corrup-
ton Of Judge White. the Judge sitting
upon the bench. and therefore from mo-
tives OF public policy. it may be untrue.
Until Judge he impeaehed or removed
you cannot inquire into the corruption
If his acts venture to >sy. however.
there Is no document suywLere that
on cannot impeach for fraud. | Ius
II to the court that independent Of the
question wActhcr. If the Judge were
aui IL should Ia shown that,
acting in ,he exercise Of lis Judgment,
anl from d desire 10 do justice be had
erroneously certified thing h be true,
which have 10 doubt YEA could il
cure into. and suhmit tha. yon can
show that be oorrup;ly acted ard tha,
he WAS leli,d or Jed sstray by hss hun
ger ior of'ice. ani thirst for power no.
les than by thirst for gold. yoa can
i'm peach BIS acts Who is he Whose
acts We are asking - impesch II Is
the then Governor of Florida, W II
S,eagn.. nan who srHt Il telegram