The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-02-03
MIG lit REPORT.
THE rRIpARTITR- TRIBUNAL

Doings Of the Electoral Commission
Washington. Feb. 2.-The electoral
commission met at 1890 this morning.
The presiding justice said the question
had been asked yesterday: What is
the case?r To which he had replied:
s'It consists OF three certificates, with
accompanying papers and objections to
them" He would now state that two
directors on each side would be al-
lowed to speak ON the opening of the
case. Those representing objection
number /, which was presented by
Field, would speak first, and under the
fourth rule would be allowed two hours
t0 state the case and argue in support
of the objection. Field asked whether.
after the directors had spoken and the
opening argument was made, any reply
would be allowed. Justice Clifford
stated that the rules made nc provision
for reply. Field opened the argument
as the objector in the case of Florida
and argued in favor Of going behind
the face of the returns, on tine ground
that if it couldn't be done the American
people would be in the position OF
standing powerless in the face'of 81
gantic fraud. He vas followed by
Representative Tucker, another of the
directors on the same side of the case.
Senator Sargent and William E.
Chandler, being familiar with the SUBJ
ject under discussion, were present with
the Republican counsel.
Field reviewed the action of the
Alabama returning board, and of Gov.
Stearns, and read from evidence taken
before the House committee to show
that the votes of precincts had been
thrown out without a particle Of EVIL
dence and upon mere supposition OIL
belief that intimidation had been prac-
ticed. The votes of louisville and OAR
lenville were cited as instances of this
action. He argued that the paramount
question before the committee WIS
whether, in the face of such testimony
as this, it can be claimed that the face
Of the returns is to he considered IL.
conclusive and binding. The usual
form Of stating the question, can you
go behind the certificate? Is an erro
neous form. The question should be
reversed so as to read, can the certificate
go behind the truth and conceal itf
There is no pretence that the vote of
the state was not given for Tilden and
Hendricks, the sole pretext for denying
the fact being the certificate of Gov.
Stearns. They say that the truth can
not be proved as against the certificate.
This includes the proposition that the
two Houses of Congress have no right,
either separately or together, to con-
slider or inquire into any act which Gov.
Stearns may certify to Congress. Sup
pose u governor should become SO de-
based as to corruptly and falsely certify
to Congress that one set of electors had
received a majority of the votes of the
state. Is there no remedy The con-
stitution declares that the certificate of
the governor shall be conclusive against
all proof. In regard to the election of
the constitution distinctly
declares that it is the person having the
highest number Of votes who shall be
declared elected. and it cannot be
rightfully said that tile Certificate of a
of a state can override this
provision of the constitution. Field
cited the case of Barstow, of Wiscon-
sin, to show the propriety of proceeding
by a quo warranto. In that case the
usurping governor was ousted by the
courts and the rightful governor in
in his stead, a case parallel to
the governorship of Florida. Field
regretted that there was no similar
provision of law bearing on the ques-
ton Of the Presidency, and paid high
to the foresight and statesman
of one member of the committee,
Morton, for having discovered a latent
difficulty in the question of a disputed
Presidency, and labored earnestly for
its settlement. N
After Field and Tucker had consum-
I'd the time allowed, in arguments
the Hayes electors, Kassen,
who makes the opening speech for the
Republicans, asked until Tomorrow for
his speech. but finally consented to be-
this afternoon. The commission
then took recess until 3 o'clock p. m.
NEW YORK.