The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-03
WASHINGTON.
Electoral Commission.
Mr.. Field Opens the Argu-
ment for the Demo-
cratic Side.
MIR. Kasson Follows for the
Republicans.

morning.
The Presiding Justice said that th'
question was asked yesterday, What il
the case2 To which he had replied, l
consists of three certificates, with accom-
psnying papers, and objections to th'
same. He would now state that two OBJ
jectors on each side would be allowed
Those representing objection number
one, which was presented by Mr.. Field
would be allowed to speak first, and un
der the fourth rule would be allowed two
hours to state the case and srgue in sup
port of the objection.
Mr.. Field asked whether, after the OBJ
jectors had spoken and the opening srgu
ment was made, any reply would b.
allowed.
Justice Clifford stated that the rule
made no provision for reply.
Mr.. Field then opened the argument
as an objector in the case Of Florida, anc
argued in favor of gong behind the fscr
of the returns, on the grou d tina. if thi:
couid not be done the American peopl,
would be placed in the position of stand
ing powerloss in the tsce of gigantic
fraud.
Mr.. Field reviewed the action Of the
Returning Board, and of Governor
Stearns, and read from tho evidence
taken before the House Committee t,
show that the votes OF precincts had beer
thrown out without particle of evil
dence, and on the mere supposition ol
LoEor ,hot ;,t:r, dat;oo hod haap pron
ticed. The votes Of townsville and
Darbyville were cited as instances OF thi:
action. He argued that the para.
mount question before the com.
mission was whether IN the face
OF such testimony as this, it can bt
claimed ths. the face of the returns is tC
be considered as conclusive aLd binding
The usual form of stating the question
Can you 90 behind the certificate? is an
erroneous form. The question should be
reversed so as TO read: Can the certiii
cate 60 behind the truth and conceal II
There Is no pretense that the vote of tn
State was not given for Tilden and Hen
bricks, the sole pretext for denying III.
fact being the certificate of Governor
Slesrns. They say the truth cannot be
proved against the certificate. Thii
includes the proposition that the two
houses OF Congress have no right either
separately or together, to consider or
Inquire into any act which Governor
Stearn's may certify to Congress. Sup
pose a governor should become so de.
based as TO corruptly and falsely certify
to Congress that one set of electors had
received majority OF the votes Of s
State and there was no remedy
The Constitution nowhere declares that
the certificate of the Governor shall be
conclusive against all proof. In regard tc
the election of the President, the Con.
stitution distinctly declares that 1t is the
person having the highest number Of
votes who shall be declared elected, and
it can not be truthfully said that the
certificate OF the Governor Of the State
can override this provision of the Con
stitutiou. Mr.. Field cited the case 81
Bsrstow, of Wisconsin "A WiscoI sin Re
ports), to show the propriety OF proceed
ing BY quo uarraHtc. In that case the
usurping Governor was ousted by the
courts, and the rightful Governor in
stalled in his stead. The case is parallel
to that of the governorship of Florida,
Mr.. Field regretted that there
was no similar provision of law bearing
on the question of the Presidency, and
paid a high tribute to the foresight and
statemspship of one member OF the com
mittee (Senstor Norton tor having dis
covered the latent difficulty in the que,
tion OF disputed Presidency, end
lsbored earnestly for its settlement
Fraud vitlstes all transactions. will
not argue that the judgment ofs court ot
competent jurisdiction can be i'm.
peached csllsterslly for fraud if It could
be il would be against public policy. II
would be scandal 10 inquire into the brib
cry or corruption of q Judge, while the
Judge is sitting on the bench, and there
fore, from motives OF public policy, i:
may be true that till the Judge BE-
impeached or removed you cannot In-
quire into the corruption of his acts.
venture to say, however, that there is nc
impesch for fraud. put it 10 the court
that, independent OF the question,
whether if q judge were mistaken, and
i, De shown that he was acting IN the ex'
ercise of his judgment, and from q
desire to do justice, he hsd erro-
nsously certified the thing 70 be
true. which l have no doubt you could
INQUIRE into, / submit that II you show
that he corruptly acted and that he was
bribed o, led estrsy by his hunger fol
office and thirst for power, not less than
by the thirst for gold, you can impesct
his sct.. Who is he whose acts We ART
asking 10 impesch? 1t is the then Gov
ernor of Florida, N. Ii. S;esrns. Stearn:
Is the man who sent telegram asking,
.sOn what ground can We throw out
votes? ?" and who received for answer
FRAUD snd.inlimidstion, or something
else" Stearns is the man who controlled
those puppets of the Csnvsssing Board
who were 10 decide whether or not he
wss tO exercise le Office Of Governor
for the mex; term. l. Il 8 correct prupo
siiion OF lsw thai you cannot inquire
whether that man has acted fraudulent
ly? Ii il be true thst the certificate;
cannot be gone behind, then i! is equally
true whether there wAs sn election ei
no, Suppose l prove, or attempt u
prove, thai on the 7th of November iss
there wA no election Sha,
ever in the State Of Florida, acc
ths, o man voted or cast ballot, snd
We, . certificate should come here slgnec
by N. II. Stearn., could you say tiIs
that shows thai these four men were eh-ci
ed NJ that election7 To thai compieIior
must il come n last There is no mid
die ground. II you can inquire into th'
truth of ,hs, certificate you can icquir'
into every tact relative ~ II Th'
greatness Of the question ir respect u
the dignity of the Presidential of5ce Ant
the enormous interest. depending npoa j;
are ss nothing compared With the mora
elmeus involved. The greater question
il whether or not the American peopl'
will stand powerless before . gigan's
fraud. Here 10 thu certificate t6oldinl
il aloit in his hand; one feels eimoss re
luctsnt 10 touch il Hold il up 70 tbs
hoht n IL bla.sk With crime. Pas Il