The New York herald., 1877-02-04

otncr parties aud not those whose Votes we're now
offered. had been elected and chosen authorized
exclusively to declare the OF the State Thus
there WAS tho evidence OF two departments Of the
state government against the fraud but there stl
more The state had dcterm ned not 10 be cheated
out OF her vote. and had determined that she would
ascertain the truth In some undeniable form by
proceeding the correctness and truth OF which could
never be inpcached. She therefore had taken those
usurpcrs by tho throat, had dragged them
Into court OF Justice and there, In
the presence OF a competent tribunal she had Inn
pleaded them charged them with the offence, brought
The other parties VINO claimed To be her agents
Tor The purpose and set them face face The proofs
had been gwen on both SIDES aud there mad been
solemn adjudication by that court OF competent Juris-
dction thai the persons who claimed to their
votes for Hayes and Wheeler had right authority
or power whatever to do that thing II had beon aid
down a rule OF law that whenever case has been
decided by q court OF competent Jurisdiction de-
termination OF that court could be pleaded in bar
as conclusive evidence OF every fact and every matter
OF law that was could have bcen brought into the
controversy aud that neither IN law nor IN fact should
that determination ever afterward, collaterally d
rcctiy be Drawn into controversy. was not that
rule II had been laid down by the Chief Justice IN
the Duchess OF kingston's case II had been followed
by every court Chrstendom from that day this.
There was not In England or America Judge
lawyer who mad undertaken assert that tho law
was otherwise, nor had been attempted
to be clothed in any other words than tho
clear ana felcitious language that was used BY
Chief Justice De Grey IN that case This doctrine had
been applied again election returns
well as to all other things IL would b. perfectly ab
surd TO say that where question about the title OF
horse was IN controversy boiore Justice OF the Peace
the doctrine which made the title void lor fraud to
DO applied so 10 the horse 10 the honest
OF H. and that It should not be applied 10 IN
which tho rights OF a whole nation were bong
struggled Tor. False returns hau been made
many times; false counts had bcou made polls,
and false election officers had made false returns OF
the voters as ,hcy counted them, but had
said to his knowledge that an election fraud ought
to be held TO DO successful, merely because II
was put into the form OF law. That had
never been said before except two occasions
one OF which the famous New Jersey case,
and tho other case which occurred In Pennsylvania
III 1888. when Mr. Porter elected Governor OF
Pennsylvania by about H. 900 majority and s election
was attempted to DO set aside by tho opposite party
They all know what had become OF that attempt; IL
had resulted IN the famous ''bnck shot war. Tho
parties opposed to Mr.. Porter had intended carry
their scheme at tho expense covering the whole
Commonwealth with blood and ashes and they would
have done It only that they could get General
Paterson and his men 10 fire upon the people,
MIR. GREEN'S BRIEF
Mr. Blacks time having expired he resumed his
seat, and Mr.. Merrick presented 10 the Commission a
brief by Mr. Grccn ofNcw Jersey, which he said
clear full and able discussion OF the question be-
fore tie Commission.
IxgLGInILlTY OF AN ELEcroR
Mr.. BLACK again arose TO supply an omission that he
had made, which was 10 state that evidence would be
presented 10 show the incigiby OF OF tho HAYES
electors ON account OF his bong United States officer
at tho timc oil his election
''whAr Is IT ATTACHED roY'
Mr. EvARrs addressing Mr. Black) said that certain
amount Of evidence not ohorwsa described than gen.
eraliy argument and which his side had
or inspected had becn argued upon being already in
some Chancery notion that II had been attached
something which had brought IL here.
Mr.. BLAcK-That Is Ia the record
Mr. EvARrs--What Is 1t attached to?
Mr. BLAcK-It part oi tho record In this case made
by tho House OF Representatives before tho was
Mr. EvAR7s-what is It attached tor
Mr. BLACK--Do you mean to ask the book binders
question as to whether It IL stitchedY
Mr. EvARrs-No; but to what Is 1t attached?
Mr. MEK9icK-It Is attached to the objection that
made when the vote offered In the House as
being the bnsis which the objection was raised.
Mr.. EvARrs-rhe question IL answered; It comes in
Senator EDMUSDs-it came in Us part OF tho objcc-
tion.
THE REPUBLICAN ARGUMENT
Mr. STANLEY MATHEWS then urose to present the re.
publican side OF the case. He said:-
AIR. PRESIDENT GENTLEMEN THE COMMISSION
Unused as am to appearing before tribunal SO un-
procedened aud august US this, and quito unused to
handling such bgn themes orn the subject OF the
jurisdiction OF this COMMISSION, rise with the
Unaffected Difference to undertake tho discharge tho
duty which has deem assigned to mo by my learned
associates And while hope that 1 may say some
thing which will assist coimi ION In solving the
questions that submitted Tor argument shall 10
only happy II alter | take INV scat shall bo able
recollect that have said nothing which may inJure It,
NEUTRALITY-SUSPICIOUS. CORRECTED.
take the first opportunity to correct serious mis-
apprehension on the part OF tho learned gcniiemcn
who have counsel In the opening this ques
ton In regard to the position which they seem
us being already taken our side. refer
the conclusive effect which they suppose attribute
to the certificate OF Governor Of State accompany
ing the last OF those whom he certiiics having
l am authorized 10 say by tho gentlemen
who are objcctors TO The second and third
certificates, that that statement Is incorrect repre-
scntutiOn OF their POSITION unu respectfully submit
that when have SAT down no gentleman tho other
side will understand our dnereptly. may also
tnko thus immediate opportunity Tor relieving the ap
prehonsion oi my learned fricLd who spoke last,
who spoke well III regard 10 the possible effect OF
excluding consideration Of what he has pleased
to call exhibits on evidence from tho judgment ot this
ssrng ODD MANI
II Is, Mr.. President und gentlemen. q fortunate
feature OF your legal constitution that you
no mistake. 1t was quaint saying OF Seldom, IN u
little essay Papal councils, where treating
the doctrine that they enlightened by tho pres
OF the Holy Ghost, that he had generally found
that the Spirit dwell In the odd man augher that
In tho OF the constitutional Junction, Whatever
1t muy be, dcvolved by Congress upon this
been made against the defeat OF tho transaction by
icrrinR II to tribunal which cannot be equally
divided Aud now, MIR. President and gentlemen Of
tho Commission allow mo to state IN very gene raj
terms, and yet as precisely as may be able to
psh IT, the various propositions by which aud through
which VIC lead ourselves and hope 10 lead you the
conclusion for which we contend In reference
to tho point 10 which you, US repre-
go in this inquiry and to the point where YOU mus.
STOP What Is the transaction, what IS the subject Of
tho general nvestigatony II IS stated IN It's final re-
sult-thc election President and Vice President OF
the United States. In what does that consist II Is
not not .,os,,, single act; ,n Is series OF acts,
not popular election either according to tho
spirit Of the constitution, the moaning trainers,
the Interpretation OF tho generation which adopted
or the practice under II. There is select body OF
men IN each State who constitute the constitutional
body VINO arc TO make that election and need not
remind this tribunal that they havo right to mako
selection, as well as election IL Is altogether, IN
my judgment. mistake to suppose that the electoral
bodies delegates representing the state the
pie OF State as agents accomplish their will They
not only have the power In The sense OF might, but
they have authority, in the sense of right,
upon the DAY named for tho persons who, IN their
judgment, ought TO be, all things consid-
ercd, the Chef Executive OF the nation.
Mr. Matthews then went on TO show that each state
has the tight to prescribe the nodo which cleo
tors shalt be appointed how they may be chosen by
the Legislature, appointed by tho Governor elected
py the people; how rangcments made ior count
Ing tho vote by Rcturning boards &c, and Tor the
Issuance OF the certificates by tho Governor Up To
that point, he said. tho State acted Congress had
under the constitution reserved to tse, certain
particulars, control over these appontmens-that Is,
Congress might designate the day on which the ap-
pvintmcnts should be made and tho day on which tho
electors appointed should deposit their ballots Tor
President and Vico President He would neither deny
nor affirm. but he willing TO admit anything and
everything W hch might DO claimed on the other side
10 the existence state authority TO inquire
III. WIN iIn