The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1877-02-08

, brquxhts 10, ~ esrtlncate from Alabams
t&ke1 o1t hended 70 the TelIers, and b
@em road u cx1enso, the result being thai
Electoral yotea. The certificate was com.
pared With he duplicate received by mail and
declared b be correct The same ceremony
M observed ID reference to California,
whose six vote we're t4counted for Hayes
and Wheeler. Then followed Colorado
Wheeler; Connectieut With six votes
for Tilden end Hendricks, and Del
aware with three votes for Tilden
and Hendricks. Then Norida. .Eass reached.
The reading of the first certificate showed
four votes Tor Hayes and Wheeler; then an
other certificate showed four votes for TIL
den and Hendricks. The former was authen-
ticated by Gov. Stearns and the latter by
Atty.-Gen. Cooke. Still another certificate
was read, signed by Drew, and received on
the S1st Of January, authenticating the act
of the Electors who voted for Tilden. and
Hendricks. Objections being made to the
count OF the Florida vote, the certificates and
accompanying papers, together with the
objections, were ordered to be transmitted
to the Electoral College Commission for
Il Judgment and decision. The Senate then
withdrew The Electoral College Commits
sion assembled in the Supreme Court room
directly after the Senate had retired. Coun-
sci, headed by Messrs. Field and Evarts,
were present. The papers in the Florida
case were ordered printed. After discussion
upon the order of procedure, the public sit
ting of the Commission WAS adjourned until
Feb. 2. The Commission then remained Tor
private consultation, and soon after ad-
1 journed. ea
The Electoral Commission reas-
sembled at 1880, on the morning Of the I'd.
! The Presiding Justice announced that the
case before them consisted of the three Flor
| ida certificates, with the accompanying
papers and objections to the same, and said
that two Of the obieetors on each side would
be allowed to open the case. Mr.. Field, for
the Democrats, then opened his argument as
an objector in the case of Florida. He re-
viewed the action of the State Returning
Board and of Gov. Stearns, and read from
the evidence taken before the House Com
mittce, to show that the votes of precincts
had been thrown out without . particle OF
evidence, and upon the mere supposi-
ton or belief that intimidation had been
practiced. He argued that the paramount
question before the Commission was wheth-
er, in the face of such testimony as this, 1t
can be claimed that the face of the returns
is to be considered as conclusive and bind
ing. There was no pretense, he said, that
the vote of the State was not given for Tilden
and Hendricks, the sole pretext for denying
that fact being the certificate OF Gov
Stearns. In regard to the election of Pres
ident, the Constitution distinctly declares that
it is the person having the highest number
of votes who shall be declared elected,
and it could not be rightfully said that tine
certificate of the Governor of a State could
override the provision of the Constitution.
Mr.. Tucker followed Mr.. Field, holding that
the Supreme Court of Florida was the
authority to settle the Florida matter as
against the Returning Board. After recess,
Mr. Kasson, for the Republicans, claimed
that the first certificate was the only one
properly before the Commission. The second
was signed by an officer not recognized by the
United States in that connection, and the
third, signed by Gov. Drew, was entirely er
post ttacto, and signed by an officer whose cx-
istence was not recognized until the func
tions of the Electors were exhausted. Mr..
McCrary followed, reviewing the quo ,car-
rd1sto case in Wisconsin, cited by Mr.. Field,
and citing many authorities in connection
Herewith. Mr. Evarts, in reply to ques-
tion of the Presiding Justice, said he had no
evidence to offer unless the decision should
be against the view taken by his colleagues
of the question of the consideration Of the
certificates. Mr.. Thurman suggested that
counsel agree as to the facts as far as posi-
BILE, in order to simplify proceedings. The
Commission then adjourned.
The Electoral Commission met at
1880 o'clock on the Sd, according to adjourn
ment. Counsel were instructed to present
what they proposed to offer in evidence in
condensed form, pending the decision of
the Commission as to its admissibility. Mr..
O'Conor then stated what his side expected
to present, and Mr.. Black prepared to ar
Presiding Justice asked If the other
side objected. Mr.. Evarts, for the
Republicans, said that he should object de-
cidedly, and Mr.. Black continued his argu-
ment. Justice Miller moved that counsel
have two hours in which to discuss the
question of admissibility, and the Commits
sion SO decided. In accordance with this
arrangement, Messrs. Merrick and Judge
Black spoke for the Democrats, and Messrs-
Stanley Matthews and E. W. Stoughton, for !
the Republicans. The Commission then ad- |
journed with the understanding that the
discussion would be resumed on the 9Th.
The announcement that Messrs. |
Evarts and O'Conor would make the argu-
ments before the Electoral Commission, on |
the 5th, had the effect to induce a very large |
gument, presenting the Republican case. |
Con6ping his main effort to the incompe- |
tency OF the tribunal 10 review the prnceed- !
ings leading to the issue Of the certificates, |
he cited innumerable precedents to sustain |
his view of the case. His position |
was based on three claims: First, that /
the Commis sion cannot, under the laws, |
Constitution and usages. go behind |
the count; second, that the Governors cer-
tifcate is not necessarily binding; third. |
that all the conditions having been complied
with in the Hayes certifc ite from Florida,
the Commission had no verifying powers, |
and must accept the act Of the de Jac10Elec- |
tors, even though they might not be the de
;,re Electors Mr.. O'Conor look up in de- |
tail the points made by Mr. Evarts, and
them as an effort to prevent |
the Commission from arriving at the facts. |
He said it was ~xbetter to endure any |
amount of inconvenience in the mat |
ter rather than suffer the fraud to
stand. Coming down to general consid- |
Grafton of the attempt to count Hayes in, he |
said there could not be q man in America
worthy the name OF an American citizen, |
who would make a claim for the Hayes Elec-
tors without blushing. Neither speaker was |
scenic or dramatic in his speech, and both |
confined themselves almost exclusively to |
law points. A large number OF authorities |
were cited by both counsel. The speech |
making continued until four O'Clock in the |
afternoon, when the Presiding Justice an |
nounced that there would be no public ses
sion on the 9th, and adjourned the Commi--
sion to meet on the following day for private |