The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-05

There can be no question az 10 the repu
larity Of said testimony, no matter wha
may be said OF its admissibility. Excep
as toGthe time at which the wrils Of qa,
lrdrTanio was served upon the Hayes elec
tors, there ia no difference Of opinion a
to the evidence, and except in that par
Ilcnlar case no extrinsiC evidence il
proposed to be offered. II has been sale
by the objectors OH the other side that The
duty OF this commission is simly minis
terial, that they had no right to declare
null and void certificates conceived in
fraud; that such certificate was beyond
the reach Of truth, and that virtually
the commission was compelled Ia
crystalize falsehood into n practical
fact. Now, there ia nothing in the
statutes oil the United States bearing
on the subject Of electors which even
intimates that this certificate is ,Gonclu.
Sive. Congress could not, II il had been
so disposed, have declared that such Ger.
tiGcate should be conclusive. Congress
can never tie It's hands 40 as to prevent
an inquiry into the truth. The directors
on the other side yesterday commended
that in the phrase in the Constitution,
land the votes shall then be counted,'' y
the word Counted" was the controlling
word, md that that referred only 10 emu.
meration. Mr.. Merrick took issue with
them, and held that the word "votes" is
the controlling word; that Congress must
first determine what are true votes before
they can count them. lie therefore sub.
mitted that the question as to what are
the true votes is competent evidence be-
fore the commission. The proceedings
OF the electoral college Of Louisiana In
1873 were regular and in conformity with
the laws, but nevertheless the case OF
Louisiana was referred to the Committee
on Privileges and Elections for inyesti.
CATION and report. In that report the
chairman OF the committee, one Of the
present electoral commission, stated that
they found that the official returns from
the different parishes in Louisiana had
never been canvassed or counted by any
one having authority to count them, and
the chairman Of the committee declined
to make any recommendation in regard
to the disposition Of the vote Of the State
of Louisiana. Mr.. Carpenter, then u
Senator from Wisconsin, objected to
counting the vote Of Louisiana, and the
two houses agreed not to count it. And
yet the certificate was regular. The only
Objection to counting il, as the Speaker
understood it, was that the vote for elec.
tors had not been canvasSed. Mr.. Mer-
rick laid downth proposition, therefore,
that when the certificate does not repre-.
sent the will OF the people, il is compe.
tent to discard the vote, and that when
Congress comes 10 count the vote il must
receive testimony from the State touch
ing the facts on which the certificate is
based. The commission has evidence
from the Legislature OF Florida, from the
Governor, and from her judicial author:
ities, that the Hayes electors were not
elected, and that the Tilden electors were,
and nothing more conld be required.
ARGUMENT OF STANLEY MATTHEW'S.
Mr.. Matthews said: take the first
TO correct serious misap.
prehensions on the part Of the learned
gentlemen who have acted Us counsel IN
opening this question in regard to the
position which they seem to assume as
being already taken on our side. refer
to the conclusive effect which they SUP.
pose We attribute 10 the certificate Of the
Governor of the State accompanying the
list OF those whom he Certilies rs having
been duly appointed electors of that
State. ! am authorized to say by the
gentlemen who are objectors to the sec.
ond and third certificates that that state.
ment is an incorrect representation OF
their position. / may also take
this immediate opportunity for relieving
the approximations Of my very learned
friend Judge Black, who speaks 10 well
in regard 20 the possible effect OF the cx-
isting consideration OF what he has been
pleased to call exhibits on the evidence
from the judgment OF this tribunal. 1t
was the quaint saying OF Seldom in lit.
tie essay on the Papal Councils, where he
was treating OF doctrine, that they were
enl ightened by the spirit OF the Holy
Ghost; that he had generally found that
the spirit dwelt in the odd man. Laugh.
ter. So that in the exercise Of the con-
situtional function, whatever il may be,
devOlved by Congress upon this commits.
sion in the count Of the electoral votes,
etlectual provision has been made against
the defeat oil the transaction by referring
it to tribunal which can not
be equally divided. What is the
transaction, and what is the subject, Of
the general investigation 1t is stated in
its final result-the election OF President
and Vice President OF the United States.
In what does that consist? 1t is not a
single act; it is series OF acts. The cleo
tion Of two high officers is not popular
election either according to the spirit OF
the Constitution or the meaning OF its
trainers or the Interpretation OF the gen.
Grafton that adopted it. There is Sc
lect body Of men in each State who con-
stitutc constitutional body who are 10
make that election, and they have the
right TO make selection as well rs an
election. 1t is altogether, in my judg.
ment, mistake 10 suppose that electoral
bodies are delegates representing the State
or people, as agents, to accomplish their
will they not only have the power in the
sense Of might, but they have authority
in the sense OF right to vote on the day
named for persons who in their judgment
ought TO be, oil things considered, the
chief executives Of the nation.
When the electors completed their work
by casting their votes, then the transac-
ton passed beyond the limits OF State
control and it became a Federal power,
The actual question before the commits
sion is, which set Of electors IN Florida
by actual declaration Of the official au-
thority Of the State charged with that
duty, has become clothed by the powers
OF the law with the actual incumbency
and possession Of the office? The body OF
electors which has an apparent right
and proper title and which Is in the
exercise and possession Of the functions
and franchises Of an office, and who
actually exercise the power OF that office,
is for the purposes OF this tribunal and
lawful body to cast the vote, and their
votes must be counted. II the commits
sion went behind the certificate, they
were limited TO an inquiry as to what are
the facts, to which the Governor in his
certificate should have certified. Those
whom Gov. Stearns, the lawful Governor
certified to be electors, in fact and nc.
cOrding 10 law have been appointed. The
fact that subsequent Governor came
In, and that the Court rendered