The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-07

Argument on the Point Of Going
Back on the Certificate.
VIM. N. Evarts Argues that the
Commission has no
Such Power.
Charles O'Conor Contending that
the Right May Always be
Ascertained.
The Tribunal will Hold q Meeting
for Consultation Only To-Day.

The Tribunal will Hold q Meeting
for Consultation Only To-Day.
WASHINGTON, Feb. 5.-The announce
ment that William NJ. Evarts and Charles
O'Conor would make the arguments to-
day Lefore the electoral commission
seemed to impel everybody in Washing
ton towards the capitol, and long before
the opening time surging mass besieged
the doors of the commission chamber
seeking admission.
Judge Clifford soon after ii o'clock
called the commission to order.
MR.. EvARTs' ADDRESS.
Mr.. President and Gentlemen Of the Commits
sion:
The order Of the commission in direct
ing the attention Of counsel lays out for
their attention three topics
First. Whether under the powers pos
sessed BY the commission any evidence
can be received beyond that disclosed In
three certificates from the state of Florida,
which. under recent act Of congress, are
transmitted to this commission.
Second. Ii any can be received what
that evidence is. and
Thirdly. What evidence, other than
certificates, If any, is now before the
commission.
l will dispose of the last question under
the order OF the commission first. It is
suggested that certain packages of papers
hSNs hvy b. &t,nA
brought certificates and objections are
already evidence i'm the possession of the |
commission. What these packages con- |
tain, what degree Of authenticity, or
what scope OF efficacy is
to be given them as particular |
matters of evidence and particular forms |
OF proofs is unknown to US and unknown
to tho commission. The proposition
upon which it 10 claimed that this evil
dence, whatever it may be, subject un-
doubtedly to discussion aud reduction
BY the commission as not pertinent and
not important, is mentioned in one OF the
objections interposea against the first
certificate - matter on which the objec-
ton was founded, instead of being war
rant ~ 1t were to the objector on which
he objects. He (the obiector) thereby
makes it part of the evidence before the
commission. Iftherc were no objection,
the case said to be provided for the exer-
else OF your authority is not produced.
II objection Is made, however inartificial
or imperfect, the case has arisen, but that
the objection narrows and limits and pro-
vides the issue and the law
upon which your jurisdiction attaches,
is pure fabrication out OF utterly
unsubstantial and material suggestions
in the law. The other question as to
whether the evidence in possession of
either house or both houses of congress,
in the shape Of committee reports or
conclusions OF either OF these great
bodies, il transmissable and may be pro-
posed to the commission, and may be &C.
copied and received by it after it is un-
folded, after 1t Is understood, after the
claim is scrutinized and opposed. is a
question that 1t Is but a subordinate part
Of the main question whether any evil
dence beyond certificates can be received.
wish to preclude at the outset any.
thing to impress or to carry tor mo-
ment the impression that there has been
passed oyer by soLe astuteness and
some diligence the question what you re-
csive and what you reject. l find myself
then unimpeded in the inquiry, as open
to me As to you. whether any evidence
can be received. and If any, what beyond
the certificates opened by the president
of the senate.
Mr.. Evarts here renewed the PROPOSE
tons submitted on Saturday by MIR.
O'Conor .and continued: Now it is pro-
posed therefore as matter extraneous
that 1t IL desired to introduce, and that It
Is claimed Is open to your consideration
not that the certificate of Governor
Stearns falsifies the tact he has to certify
10; not that it falsifies the record that
makes the basis OF the fact which he is to
certny to, but that the record at the time
On which BY law he was to base his GER
tincats, departing from which his certifi-
cate would b false, IL itself to be pene-
trated or surmounted by extraneous
proof, showing that by the matter of IN.
substance In the progress of election or.
rors or frauds were made that is to saw
somewhere In the steps between the a.
post OF the ballot in the boxes a, IN,
precincts and the original computation Of
the contents OF those boxes there and
transmission to the corrective canvass IN
the county, of precincts thus cany,ssed
st their own ballot boxes, or between the
returns ofthe county canvass to the state
canyassers. or in the action OF the stat
sanvsssers In the final computation OF
aggregates to ASCERTAIN the plurality O
votes as for one or the other candidate
ana 20 declare. and 90 make record OF
and 80 fix the basis Of the governor
Whethsr that act was right or wrong on
tner part, fraudulent or erroneous In law
or In tact that somewhere In the process
81 The election itself, from stage to stage
on ths very matter Of right and the que 8
don Of rightful utle or title de juye, Their,
has occurred matter of judicial consid
srsnon, for need not ssy that howevs
slnple and however limited the step I.
b taken. bsyoad the record OF the stat.
casvaas 70 ssrvs the needs and to accom-