The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-03

~ 10 he rrrHiVcd us binding upon TINS body; Hc
rrNlrwod az some length the CutOn Oi the Flori.
da Returning Board and Of Gov Staarns. and
compllincntcd the people OF Florida for the pn,
ten and iorbcarancc which they had Displayed
as all lnw-abiding citi2"irs should resort, TO
The courts Of their state. and the courts decided
that the STATE canvassers had no power. under
the laws of Florida to throw out any
votes; that they were bound TO count
o' box '"tH HAT iRR,' iRe Rdtarnns 0 Board were %
mother Electors nor Judges ,9thgrwse than ms
to what lOt y were put in. The Suprrm" Court
of Florida. therefore, pronounced tue action Of
the Returning Board Illegal, and Gov. Drew took
Governor o the STATE OF florida. II there be any
mode known to law 10y which u dcftaudrd State
can, through lts courts of law. right any wrongs
Wli.h II may suffer. that lnodcha been adopted
.lrfcrring to the vote for President and Vice.
rr -ident. Mr. Field cNplaincd that there wore
three certificates or returns from that State
return No. /. made by the Hayes electors. and
bearing the certificate of Stearns MS Governor; !;
without the certificate Of the Governor. but with
q cert fcatr oI the Attorney-Gencral uhr only
dss niing member OF the Board of Canvasscrsl.
,"riiy ng thnt they were elected; anu re-,
turn No. $. containing the action OF
thi Sthe AUTHORITIES Subsequent 10 IN" nfSt TWO
returns. Tor the purpose oil revising ana con
trming so far rs II was possible for the State
ihrrrupon To- do IT. the second return. We are
told that the certificate forwarded Ia Washing
ton, with the signature Of Gov. Stcnrns at-
uchcd, is the true certificate. and that no mat
ter what documentary evidence may bc found
to invaiidate that certificate. it stll remains
binding. 4" 1t is to that statement" said MIR.
Field. that propose 10 devote the remainder
Of my remarks
"The form in which the point Ia stated Is crro-
| neous and should he made to read. Can the
Certificate 40 behind the truth and conceal it ?
| There is no pr,ten - that the true and lawful
vote Of the State of Florida wns not given forthc
| Tilden electors but the sole pretrNt Is that the
| truth canno be proved IA against the certiil-
cate Of Go. Stsarns that the truth is rolled up
and concca ed in that certificate. and that Con-
| grrss whctmer acting in separate Houses or in
ulf -
certified 10y Stearns. You ARE told that you are
| to take that certificate as conclusive evidence
| against everything that could be proved on the
! other side. BY what rule of evidence. 10y whnt
doctrine Of law are you deprived OF the right To-
| examine into tue truth Is IL not u universal
rule that every Judge il invested eI necessfaie
with power 10 take all pertinent evidence
IN I'Spec' 70 thr lacls upon WHICH MS Ju'lEhent
positive law declaring that certain certificates
or other documentary evidence shall be, conclu-
sive. Show me the positive law which makes
truth. Where ia IL 1t IS moi in the
in the laws Of the state OF Florida: :
tAat IS ,certain; Is Il in any law OF Con-
Ef's ,be eo @ 0ny Jaw 7al Knaw pni,d oi Dfarins on on
Revised Statutes, which states that the
Executive Of The stat shall deliver to the
but II does not state that II shall he the truth.
supp Sc ofr"r e. prove that the ccrtf' 'ate Is
wholly false, and fabricated for tho purpose Of
/ ehehiimgr TAKE one Of the old's 81 and proulest
OF the Siatrs OF this Unon-thc state of MaSsa-
! vnuS"ttS, oi Whloh my lr"ni. VT. tomn'Hs iun"r
Ah".u y - WORTHY reur"-. niatyn. sup ose
/ that the honor'd Governor Qi that state should
nrc,iiho i 20 u,pas q al! i"ii,n u "s To orrItiy mat
people Of MassacnasSts. Does any my man n mean 'a
| 10 be false? Where is the law TO support such
Z siAiementi Nay more: 4 an at OF Congress
ma decarci tnat maj 1ertiilcate should b, con;
lor this II r. reason @ tne S1hstlution daf9rrs or as
setts tiii'. ,nn pfs,h iiANns t,lc his.rsl num-
votes; You cannot. therefore. manufacture a
thr,tin,"', 10 r'nr rom tne p p'gsoh h''ualy
nayins ,ne hlsAest nunIper oi Nnts sun
fthb as ne ls entitled L. by th"s"
| woes ana u you Wcrc ~ an act oi Congress 10
delare d IN TIE most positive terms that th" '"r-
AGAINST all proof, YOU, would transrcpl The
hii.MS %. orS"ni' h,w. lnu cdnn,t say ihnt in"
ceItlil,ate oi the Governor Of Massarhus't tis,
| lpr eNhihpr' suoulu .trrrvi" uc woes ~ th'
! electors ~ Massa,huscits. You could not do -
! II you Wpul. "itl am sur, you wgNl hni II
you ,ould Ihe lanSuage ol thea,t oi Congress
u u = 81. n a. '.. .ahsuase oi the state law
=. iHke thr case "l " istonsin. Ihrro n law ot
sba I rr, M c NAV sr ,' Nvar. Nv n'1s, r
sult-shoGi de'lare who was - Goycrnor. 4 man
~ 'nt" ih" once vi H9N"rnor upon safh "A r"r;
cn, "' SIr. NJ wa. ~" WaS % 'v yea, a l'N
o,"'n,hnt n.DusilIr w, ~" % Ns' uL1mh m a Wrlt %
9u91 Wafranio Ilr Ir-i n,qrty hPd ms pos iton
,anl cAins adyo 'tpd 10y N all. 81 counsel Of
! We S"tr 81 We s,oh-lh. HIS argument WnS;
lnu '"nhvt !hput. mo tlr cN-''' aus vi Z.
'Nilll a,r oi tir NAV r"hN'is-',r- j. con lls W."
~, sng VI" S9ui'' III an "plhlIh VIII u''-
! 1h.m .lnllorMl hui'r anu .Whl'h VII remain
~ nHNinE 'nutn'nt ,l Ihtrl,t SIN !" thut 'oult
nn' ~ IN in,'' a. i,h,hl"h Hl iurl", rs
! nh- ns w r'phit silnll Usi IN, 'ile "l NJ
u'Nn' '.'I u'p.nla ul'n ne I",'S W Us P'"Pr !.
/ plMh t4'S' Hulf hNl"ts lih'ri IN IN" binot
uiN 't' l'IihT ll' Suii'hl' WIZ pl ulr no
~ ~ - noi NH9 aiil't ,'' cei tv'"i nS "Iu pl
.tl4'"77'lS, '",r, VIM HHIo I"h '1'u -" iS
'nt' Ir,,i," ~ 'Yu.t "a 'i"I ci 'iht u.
/ e,e.tsd tho usurIin, C;ovrrnor Win ~
| th.s commission To- dor n ia H. do
! clare whrth~r auy nni vNnt votes mrr
| yOt a rrnyiIcd hv tho Cnnstituiinn moi Ia de-
! olnrs ,ylnt are those votes rnriiind hy CIV
Sioarn- You arr, tn cnitifv whi,t nrn th. ,vf,i
Vutas ur,an which "A Pr. = don't III fnrv-ny1 t1ii-
! lions II prDrla Is H. hn ln.lnrel .e.t,'l nn' IA
! b" IN lurtod into Office /, hi NOT inuli.l That n
/ writ Of uun warranto t. try the titln of the
pr,sidcni Of tho 'uitrl states Is within tho nir-
/ view of the Constitution Can any holv dnnih
/ IT. The Constitution has declared thui the
| person having the high,-t number of yntes
| shall bo the President notthe unrson cort nnl To-
! II las moi invested any tribunal with exclusive,
| power. No matter how determined hy any pro-
/ limnary authority there still remains tho right
/ 10 enact n law giving "A right 10 the exercise OF
/ the writ Of quo warrant0 No such law cxists
/ am sorry to say and If | might be- pnrmittni
| to say so il ought tO exist | ought not Ia snv
perhaps, but must say Il i'm truth. tint il is no
small repro Ia our statcsmanship that for
an. bnuirad v.n,s mo iu,u ms i..n i,i.,i 10