The New York herald., 1877-02-05
The Arguments Before tho Commits

day, to ba continued this morning by the
closing speech of Mr.. Evarts, discloses the
real battle ground on which the fate of the
rival candidates is to be determined. The
democratic chances are staked on Florida
It is fortunate for Mr.. Tilden that in
the alphabetical order Florida stands first
in the list of disputed States; for he has
greater advantages there than he will have
in any other. The possibility of inducing
him into Office depends on the consent of
the commission to go behind the regular
certificate and decide the case on other
evidence. The preponderance of argument
on Saturday was in favor of going back of
the certificate to ascertain the facts, but Mr..
Evarts is yet to speak, and his argument
may turn the scale. The republican side
managed dexterously in filling up their
time on Saturday with tho speeches of Mi.
Matthews and Mr.. Stoughton, thus afford
ing Mr.. Evarts time for preparation and
enabling him to inspect the democratic
position before selecting his points Of at
tack. The democratic counsel had made q
thorough survey Of the ground and planted
their batteries on the strongest points, and
the speakers who Immediately followed them
were at a disadvantage in being compelled
to reply on the instant to the results of care
full study aided by oil the legal acumen in
the democratic party 1t was very desirable
to gain time for Mr.. Evarts, and the inter-
vention of two nights and one day gives a
man of his resources and quick faculties all
l. 90 ~ kho
works of the enemy. He will, no doubt,
make powerful, and perhaps successful,
assault.
The argument which it is most incumbent
on him to demolish is that astute one of Mr..
Merrick, which distinguished SO neatly be-
tween general power to 60 behind the
Governors certificate and power to do so
by the State itself. BY means of this dis
tinction Mr.. Merrick sought to escape the
objection founded on State rights. There
must be somewhere authority to correct
frauds and set aside false certificate;
and in the case of Florida the courts of the
State. its Legislature and it's Governor have
concurred in declaring that the certificate
of Governor Stearns did not state the true
result Of the election. 1t is maintained
that the rights of the State would not be in
fringed by the commission if it should
respect the States own rectifcation of
the false result declared by Governor
served on the Hayes electors before they had
voted their proceedings took place under
a questioned title as soon as judicial ac-
ton could be had on their title it was de-
cided to be void recanvass Of the votes by
direction of the Legislature showed that they
had never been legally elected, and that
the Tilden electors were. If the commission
goes behind the certificate Of Governor
Stearns it will be in accordance with the
voice of Florida itself, expressed through
every department of its State government,
and therefore no Infringement of State
rights. This point of Mr.. Merrick is the
strongest made on the democratic side, and
it remains to be seen how Mr.. Evarts will
meet it.
This bulwark of the democratic case shows
how fortunate it is for Mr.. Tilden that
Florida comes earliest into the discussion.
In no other disputed State has he anything
like the same advantages. In no other
can it be claimed that tho Hayes
certificate has been declared false by the
State itself. acting through it's regularly
constituted authorities. Moreover, there is
no colorable pretence of intimidation in
that State, as there is in Louisiana. If
Florida be counted for Tilden he is elected;
if counted against him he has no possible
chance of securing Louisiana, and his pros
poets will be gloomy enough.