The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-06

TIE ocAfe IN TINS case. Inev were only
goiila behind the fraudulent oct OF an
officer Of the state whose act had no va
idity whatever In It. When they were
told that if the president OF the senate
laid before the two houses false paper,
paper that was absolutely counterfeit
and that that was the end of IL. and
that no sxtraneous evidence could be
produced for the purpose of show
ing that the paper was q forgery. the
doctrine went too far. IL that PROPOSE
ton were carried out to its logical con-
illusions, then 1t would follow that the
two houses of congress must simply re-
ceive whatever anybody chose to fabri-
cate and to lay before them through the
president of the senate, and that neither
the president of the senate nor either OF
the houses nor both of them together
could do anything in the matter, but just
take what was given without inquiring
into the genuineness of it. All the work
of the counterfeiters was as well entitled
to be regarded as truth as the mere
spawn OF a criminal conspiracy got up
tor the purpose OF cheating the people OF
state and the people OF the Union, over
turning and overthrowing the great
principle underlying the institutions
OF the country. The man who
undertook to say he certified to
the election OF these men, while he did II
there glared upon him from the record
which lay before him evidence that the
fact was the other way, was counterfeited
and the papers issued by him was fraudu'
lent. If the paper was fraudulent, was
it not as void in law and as corrupt in
as if it was simple counterfeit
made by somebody else than by the man
who professed to sign it?
Mr.. Black cited what he called the evil
dence of fraud, the various proceedings
to oyerturn Hayes and Wheeler electors,
and added that the state had determined
not to be cheated out OF her vote
and had said that she would ascer-
tain the truth in some undeniabls
form by proceeding, correctness and
truth of which could never be impeached.
She therefore had taken those usurpers
by the throat, had dragged them in a
court OF justice, and there in the pres.
ence of a competent tribunal she had
implicated them, charged them with the
offence, brought other parties who were
Iaimed to be her agents and set them
ace to face. The proofs had been given
IA both sides, and there had been SOL
mn adjudication by that court of .compe-
ent jurisdiction that the persons who
claimed to cas-. their votes for Hayes and
Wheeler had Id right o. Authority %
1ow- ~s.I-EFsr IL ia -t.Ki Ing I-ls-
1s,.lls1,,- M, Esln.is E,,guht vii fgnEl
ADDRESS, III I1'v-E " n1IfiHrTIE
h., Enur.irIDI aDltsarip u NJ. Nut
ail..vrk Hlllt INK gDu-l mlu-stmlGaDy
viii NJ, .liir L anDin III testimony, IuIi
IL iin-nlury with iay TiH Jurisdiction
ID sns IiBuy h a. vulilii tia Ynp. La
Jprvn' v,iIsr gnulrtnI. s n ua sIeat
IIrDU-. I nr- NJ liz constitution ait
gvF permit Vie JrIryGs. u liz 1tsi..
nnrT irt,.1'.s. a :, g -se-n. La s.:%ao-
&C liz .rlI.rr.i. va1:t1 lie ..aas "a. i.- p,
GO .Ise Lt-s ;eszlrcccy c.erssi !. senHe-
I=ss &C worthless VIA. i specially o.
ssred TO maintain The ishGro have The
votes counted for Ilten: We have be-
fore - the certificates Of the attorney
general Of FLORIDA, who dssents from the
majority Of The returuln. board,
stating In tia. certificate with frank
ness, as lie does, that there i. no
method OF authenticating that tribunal
beyond his certificate, because it would
be in violation Of the laws OF Florida tor
the governor to certify to the election OF
electors who had been returned az such
by minority OF the board. What next
do we find: A statute Of Florida thrust
upon us. passed On the 18th day OF Janu.
uary, long after these electors had voted,
and authorizing ne " canvass. That is
the authority for going behind the certi-
fcatlon Of the electors which we suppose
to be legally complied with. The pro-
ceeding by quo toarranto ultimating in a
judgment on the 29th Of January. declar-
ing those persons who performed all their
duties on the 9Th OF December were not
legal in their acts, but that all their acts
were illegal and invalid, and the learned
gentleman from Virginia, Dir. Tucker,
said that that swept away all prior acts Of
.hese officers de facto, but he gave Us no
1t had been frequently held that where
IN officer de facto was ousted by pro-
,eedings all his acts were necessarily con-
'idered as valid and binding. Society
Gould not exist without such a rule. So
here the act Of the elector lawfully APP
pointed is legal and binding. The judg.
nent of the supreme court Of Florida
only declared that the returning board
had made mistake, not that they had
fraud. 1t seems to me, In
'iew of the jurisdiction and capacity of
his tribunal, in view of its power to take
testimony and In view of the purpose Of
this testimony which have
undertaken to state, the application
should be Oyerruled.
Maddox.
He PRODUCES TWO LETTERS.