The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-05

/ as the Speaker understood It, was that Che
jvote for electors had not been carSassed.
4 Mr.. Merriek laid down the proposition,
/ therefore, that when the certificate does not
represent the will Of the people, 1t IS COM
petent to discard the vote, anu that when
Congress comes to count the vote It must
receive testimony from the State touching
the facts on which the certificate Is based.
The commission has evidence from the
Legislature OF Florida, from the Governor,
and from her judicial authorities that the
HAYES electors were not elected, and that
the Tilden electors were. and nothing more
could be required.
Judge Black followed. He said that Mr..
Merrick had presented the Democratic side
Of the case admirably, and that he would
only be "gilding refined gold" in the re-
marks he might make. He need not refer
to authorities as to the procedure In courts
OF admiralty and courts Of equity, be-
cause he assumed that the members OF
the commission knew something, and
he hoped that assumption would not
be repealed by any decision the COM
omission might make. [Laughter.] The
counsel did not propose to 20 behind the
State of Florida, but behind the fraudulent
acts OF the Governor of the State. II it be adj
mittcd that the certificate of Governor OF a
State must be received by Congress with.
out questioning, then that body must re.
ceive anything that any one may iabricate,
and which may be presented by the presi-
dent OF the Senate, and that the two houses
Of Congress have no power to question its
truth or validity, no matter how false OF
fraudulent it may be.
-, ,,fr oh trA
and he proposed to produce the evidence to
show the fraud and falsehood OF the
Stearns's certificate, and to show that the
electors were not empowered to cast their
votes for Hayes and Wheeler, since they
were not elected.
Judge Black concluded at ?. NJ.
Judge Stanley Matthews. OF the Republi-
can counsel, said he arose with unaffected
difidencc to the discharge of high duty
assigned him by his associates. He took
the opportunity to correct serious misap-
prehension on the part Of the opposing
counsel He referred to the supposition on
their part that the Republican counsel re-
garded as conclusive the certificate OF the
Governor Of State in the case OF electors.
The question of electors in Florida, and all
the States except Colorado, is based upon 2
popular election. The canvassing board
make their finding in accordance with the
returns as they find them, and their act
completes the appointment or election eX-
cept the State authority acts to prevent them
within a certain time.
Mr.. Z. w. Stoughton followed also for
the Republicans. He spoke to question OF the
legality OF the acts Of the Governor OF
Florida, and denied the right Of the COM
mission to 90 behind the returns OF the
State Board Of Canyassers.
1t is expected that on Monday morning
Mr.. Evarts will finish for the Republicans,
and Mr.. j. Black or Mr.. Charles UConor
for the Democrats, on the question Of,
What in the shape Of testimony is before
the commission, il any is properly before it ;
and what are the powers OF the commission
in the premises
The commission cannot possibly have the
case of Florida in condition to submit its
action on it to the two houses in Joint ses.
sion before Wednesday afternoon.
In the electoral commission Messrs. Mer.
rick, Evarts, O'Conor, and Matthews each
spoke on the admission OF evidence, when
the commission adjourned to Monday, when
decision on this point will be reached.
Hon. Alexander Fl. Stephens's condition
to-day has been more quiet, but he is grad
ually growing weaker. At 5 O'Clock this
evening President Grant and his son
Ulysses called to pay their respects to
Georgia's great commoner. AS the Pre-
sident entered his room Mr.. Stephens
spoke in clear, distinct tone, saying
CHOW do you do, General Grant," The
President, stepping to his bedside and TAX
ing him by the hand, which he extended
from under the cover with some difficulty,
said " How are you, Mr.. Stephens! Z" Tic
which Mr.. Stephens replied, 81 am sink
ing, General. My physicians do not
admit this, I know; but I know tina,
l am sinking, and will not be hero
many days longer" MIR. Stephens then
asked after the health Of Mrs. Grant
and observing Lieutenant Grant, reached
out his hand and called him, and said he
was glad to see him. He then asked the
President if all the members OF his family
were with him, to which the President re
piled, :" All save my youngest son, who i:
at college," The conversation here turne(
upon the political condition OF the coun
try, when Mr.. Stephens remarked, 81
feel that the crisis has passed.
have felt deeply for my country, for de.
sired that the succession to the presidency
should be a peaceful one." To which TIL
President replied eyes; have felt conf
dent that it would be since the passage O.
the bill creating the commission" Mr.
STEPHENS then remarked: eve have al
made mistakes in our time" eyes,
said General Grant, presuming Dir
Stephens alluded to his remark to thi:
effect in his late annual message 20 Con
gress, "and but four weeks more and W.
shall be scattered. / am anxious for tht
hour to come that shall relieve me of thu
+ anXieties and responsibilities of my posi-
ton" At this point the President rose Il
take leave OF Mr.. Stephens, and, taking bin
warmly by the hand, assured him that ht
would call and see him again, and hoped
that when he did so that he would find hin
better. Mrs. Coleman, the daughter OF tht
late Senator John Crittenden, of Kentucky
was present.
The Privileges and Elections Committee
examined T. j. Leicester, president OF the
Kinds County Board OF Registers to-day
Leicester had furnished duplicate keys tc
the ballot-boXes to fifteen persons. Didn'
know that they were used. he supposed
the idea was to take out Republican anG
put in Democratic ballots.
Before the Power and Privileges Commit
tee Senator West, on opening the letter!
said he had never seen it before. He recog
nized it as Wells's handwriting, and said be
recognized Wells all through the letter
Maddox continued: Told Governor Wells
he had not delivered the letter to West
Wells jumped up and said he was delighted
that the letter had been troubling him ever
since he wrote it.
Howe's Louisiana committee continued
Littlefield's cross-eXamination. Nothing
was elected beyond the Celebrations.
The Powers and Privileges Committee