The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-04
Shall tho Electoral Tribunal 90
Behind the Certlhoates.
The Solid Argument Of David
Dudley Fold IN the Flor.
ida Case.
Supported by Congressman RAN
dolph Tucker Of Virginia.
Mr. Kassop Springs the Radical
Intimidation pop-0un
Once More
A Iissle Iuquiry Regarding Testi-
snOnyy and Adjournment OF
the Commission.

WASHINGTON, Feb. 2.--The electora
commission met at 1890 O'Clock thi
morning.
The presiding justice said the question
had been asked yesterday, What is tn
cases 10 which he replied: 1t consist
of three certificates with the accom-
panyiag papers and objections to same
lie would now state that two objector
on each side would be allowed TO speal
on the opening Of the case. Those rep
resenting objection number one, which
was presented by Mr.. Field, would
speak first and under the fourth rule
would be allowed two hours to state the
case and argue in support OF objection.
MIR. Field asked whether, after the OBJ
jcctors had spoken, and the opening ar
gument was made, and any reply would
be allowed.
Justice Clifford stated that the rule
made no provision for reply.
Mr.. FIELDS ARGUMENT.
Mr.. Field then opened the argument a!
an objector in the case Of Florida, and
argued in favor Of going behind the face
of the returns on the ground that if this
could not be done the American people
would be in the position of standing
powerless in the face OF the gigantic
frauds.
MIR. Field reviewed the action OF the
Florida returning board, and Of GOyer-
nor Stearns, and read from the evidence
taken before the house committee to
show that the votes of precincts had
been thrown out without particle OF
evidence, and upon the mere suppOsitiOn
or belief that intimidation had been prac-
ticed. The votes OF TOWNSVILLE and OAR
byville were cited as instances of this
action. He argued that the paramount
question before the commission was
whether in the face OF such testimony at
this it can be claimed that the tace OF tho
returns is to be considered As conclusive
and binding. The usual form OF stating
the question, "Can you 90 behind the Ger
tificates ?' is an erroneous form. Tn
question should be reversed SO as to read
"Can get the certificate go behind til
truth and conceal it:'' There is no pre-
tense that the vote of the state was nc
given for Tldcn and Hendricks, the sol
pretext for denying the fact being th
certificate OF Governor Stearns. The.
say thatthe truth cannot be proved a
against the certificates. This include
the proposition that the two houses o
congress have no right, either separated.
or together, to consider or inquire int
any act which Governor Stearns ma,
certify to congress. Suppose governor
should become so debased as to corruptly
and falsely certify to congress that one
set of electors had received majority Of
votes of the state, is there no remedy
The constitution nowhere declares that
the certificate OF the governor shall
be conclusive against all proof in re-
gard to the election of president. The
constitution distinctly declares that il
is the person having the highest number
OF votes who shall be declared elected
and it cannot be rightfully said that the
certificate of the governor OF a state can
override this provision of the constitu.
ton. Mr.. Field cited the case of Barstow
of Wisconsin, fourth Wisconsin reports)
10 show the propriety of proceeding by
quo warranto. In that case the usurping
governor was busted by the courts and
the righttul governor installed in his
stead, case parallel to the goyernorship
Of Florida. Mr.. Field regretted that
there was no similar provision of law
bearing on the question of the presidency
and paid q high tribute to the foresight
and craftsmanship of one member of the
commission tSenator Morton) for having
discovered latent difficulty in the ques.
ton OF disputed presidency, and
iabored early for its settlement. Fraud
yitiates all transactions. ] will not argue
That the judgment of a court
oil competent jurisdiction can
be impeached collaterally for fraud.
II it could be, it would be against public
policy; 1t would be scandal to INQUIRE
iato the bribery or corruption OF Judge
while judge is sitting upon the bench,
and therefore from motives of a public
policy it may be true that until Judge
can be impeached or removed you cannot
inquire into the corruption OF his acts. |
venture to say, however, that there is no
documen, anywhere that you cannot i'm
peach for fraud. 1 put 1t to the court
that, independent OF the question,
whether IL the judge were mistaken, and
:. be shown that acting in the exercise OF
ms Judgment. and from a desire to dc
Iusace' he had enormously certified q
a's 10 oe true which | have no doub.
you could inquire into. Isubmit that /,
You show that lac corruptly acted and
that he was bribed or led as,r.y nv h,s
hunger for Office or thirst Tor power M,
less than BY the thirst tor good. YOU can
impesch his It's.
Who u he whose acts We are asking 1.
inpeschs II 10 the then governor O
Florida. n. III. Stearns. Stearns is u,
man who sent a telegram asking. so
what grounds can we throw out votes ?
sad who received Tor an answer, "Frau
aAi ntimii-:ioD. or something els,
Stearns u the bsan who controlle
chose puppets OF the canyassing boar