The New York herald., 1877-02-04
THE COMMISSION.
Second Days Proceedings in the
Great Lawsuit.
AN ELABORATE ARGUMENT.
A Discussion on the Great Prelimi-
nary Questions.
WHAT ARE THE POWERS OF THE COMMISSION 2
Can the Tribunal Go Behind
the Certificates?
CHARLES O'CONOR'S SPEECH.
Republican Objections by EvartS, Stoughton
and Stanley Matthews.
WHAT ARE THE POWERS OF THE COMMISSION 2
Can the Tribunal Go Behind
the Certificates?
CHARLES O'CONOR'S SPEECH.
Republican Objections by EvartS, StOughtOn
and Stanley Matthews.
WASHINGTON, Feb. s, 1877.

Tae commission was called to order at half.past ten
A. NJ, when tho minutes Of yesterdays proceedings
read and approved.
Tho PRESIDING JusrIcE-DouptIess some question
will arse the best mode OF proceeding and will
say, without speaking for the commission. that II
seems that counsel representing the objectors
certificate No. should make their offers Of proof
eonclse woil arranged FORM then that the
representing tho objectors TO the second certi-
make their offers OF proof based of course, upon
the condition that proof should DO admitted It being
understood that objection may be made to all proofs by
counsel representing otjectors to Certificate No. In
there te decision that proofs admissible then
the commission will have before II o case. II that
be adopted the will then DO the
accompanying papers, the objections and tho
OF proof upon which tho counsel upon side the
other will be heard
Mr. OCoxoR-Mr. President ana Gentlemen Of the
Commission-I was first advised or the position In
which this controversy stood and the stage at which
We had arrived by question somewhat suddenly pro-
pounded last evening before the adjournment. have
endeavorcd tho interval TO adjust statement as
10 what seemed to me desirable matter IN
tho nature OF evidence TO be laid before
this commission US distinct, succinct, brief,
explanatory and ntelligblc statement by tho ut
most effort could make, having IN view the oi
x,
which seems to contemplate great pfomptitude, Ut
least great effort at CELEBRITY the part Of all
cerned so that the possibly numerous and difficult
matters of investigation that may be presented may
be gotten rid Of within the limit of time allowed by
the circumstances, and tho many observations that
fell from the Bench evincc on the part the honorable
Commissioners strong desire to second shs object
the part Of Congress and accelerate much pos
sble the proceedings. did not prepare that exactly
in the form OF the evidence but though that be not
the form that s the substance Of what have written.
Presently Will read IL There has not been time to
make fair copy OF It, much less 70 have 1t printed.
MIR. EvARTs-If 1t please the commission desire to
say word IL we to that The Intilnations
OF tho Presiding Justice tho order Of the comms-
sion rs to the manner OF conduct OF the trial 1t Is the
first knowledge that havo that that order Will DC tho
mode OF this trial.
The PRESIDING JusricE-It IS not the order Of the
commission; II is merely suggestion from The Pres-
Mr. EvARrs-No objection was made by any OF your
associates, and II Mr. O'Conor were to proceed sup
pose it would have been that idoa. did not wish
10 question fact but wished to say that II that
be the order OF this commission as to tho method Of
this rin II IS the first intimation that we as counsel,
huve received that that would be tho method ana We
have prepared ourselves and We are not ready 10
proceed upon that method OF trial so far as afrma-
tive action our part Is concerned.
OCONoR's SPEECH
Mr.. O'Cos0R-I was not instructed, nor had ], nor
had any of US, any earlier notice than had the learned
counsel the other SIDE OF the probable course Of
things this morning, save what instruction We might
lions that foil from the Char and from learned
counsel both sides yesterday and my object III Of
Iering what propose TO read to the court and which
have not read myself second time yet, was
to conform to any particular views exactly
that have heard from any quarter, but topace tho
ssion in the possession OF the general iacts OF
the case in this brief and condensed form that the
proper course OF proceeding might 80 and proper
course be judged Of and determined r their wow OF
the matter by the commission. Tho chief consicera-
tion which induced 10 adopt such course was
this-One oil your rules ndicutes that something Ike
uh.aO
be presented to this court by opposing counsel
each being allowed period of say hiteen minutes
20 presen. NJ. 'ner views , oa 2 mny ma..on Wuh
these rules before and the record proper con-
sstng OF the certificates opened BY the President Of
The senate and the objections 70 them tand l
may add part OF the record, the statements made
10 this honorable commission by tho managers on
both sidesl was led to boeve that there would be
something possibly quite ncong ana Improbable,
owing to the special condition OF this proceeding IN
such course IA takes place ordinarily IN SUBJ
ordinate courts before jury, but are TO DO
presumed entirely incapable OF and apt
be lea astray they hear anything that IS not 70 DO
taken into Judgment in the final consideration o tho
case. II would be very inconvenient II such course
to DO taken ncre because the ISSUE ID TO be made
by those papers TO which have referred the certll.
aud the objections Tho ISSUE as mado at least
by tho counsel ia uvor Of the Hayes electors las will
call tncm) makes the question whether any evidence
outside OF that record shall be received Tho whole
question In controversy this case, saving and ex-
ceptlng tho possibility of some Intrmty IN tho cvi
dencc ana iuasmuch as l have supposed from
ful though very view OF this that thcro
was neither any inlrmity IN any evidence which the
supporters Of The Tden electors offer TO present nor
any desire ocr evidence 10 contradict that so us 10
raise a q ueston, was led 10 the conclusion that tho
admssaDty this so-called cxtrnsic evidence, its
effects aud the final merits OF the point which you have
10 decide on TINS rivalry between two sets Of
spectvrs or classes OF certificates, that those
ihrec things ialry resolved themselves into one
and the same, and that whenever piece
OF evidence OF this extrinsc character Is offered there
Is literally nothing when tho supporters OF the Hayes
electors desire say desire 70 present TO tins Com
N, branch this controversy that VIII
be relevant. nor can perceive that decision in-
terocutory upon one oil those Incidental Questions
would not II to tho cxceptant or the obcctOr
be conclusive us to tho whole case, because that
decision would almost certainly 20 upon an amir
nation OF principal point 10 the merits OF which
these HAYES electors rely. Consequently IN this de-
bate OF fifteen minutes about tho admssaDty of par
tcular evidence we would nave 10 argue hc wnoe case
There would then be difficulty from the inlcAibilty
Of Your Honors' rules, which could be obvatcd by
-FOUR giving additional tne but II has not appeared to
mo that tho true remedy or the true course
On the contrary with great respect 10 the better Judg-
ment of my learned opponents, II thcy should
differ with me- ana MIN any rapcn, vnw Of
It, my conception OF the matter Is that all the need
iul evidence should como In. subject to such objections
us TO It's comp tency and It's elect AS may exist or
the reason that they necessarily incorporate them-
selves with the main question that you nave nnay 10
decide; and | would state here, before reading the
paper which shall take to present, That such IS
The usual course OF all tribunals where the matter OF
judged OF by judicial experts such as our Hon
ors must all be pronounced 10 be, ana thc RUE
OF swapping promptly an exception to some possibly
irrelevant testimony In order TO prevent AN ignorant
Jury being nslcd by somc improper consideration
growing out OF It, has no application TO proceeding
before learned experts, learned Judges.
hr OConor thcn read tue paper referred 10 as ioi'
iows:-
Frs-On December q, 1876. being the regular law day.
both the ridden tho Hayes electors respectively met anu
their votes transmitted the same to the seat of
Every form prescribed ny the constitution or
by any bearing ON the subject was equally eompnea
with the rival electoral colleges unless there DC
them In this: :ihc certified lists pro.
1856 OF the Revised statutes were as
To- the Iilden electors certified by the Attorney Gencra
the Hayes electors certihcd by Mr. se"rs
then Governor.
All this appears record, and no additional cv.
dencc is needed To interpret any part OF H. Perhaps
ronycy no new light by saying tna; but say u Tor
tie purposc OF presenting distinct view OF tue case
ssroaf--A ouo uarrant, commenced against the
electors proper court OF FLORIDA on the said
dav OF 1876 before they had cast their votes
iu judgment against tuem ON tho 2oth