The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-03

the electors in their own way and say it
is subject to the two houses of Congress,
whether they have done or shall do
what is necessary The gentlemen ask,
are we then to take the certificate OF the
governor against the truth? Is there
reason, on the other hald why is should
not be ssked-sre we 10 take the certiti-
cate of fifteen gentlemen against the
TRUTH
Mr.. Kassion continued-Mr. Field
proposed in his sgument TO show the
juglery by which the Hayes electors got
their certificates. May ask this tri-
bunai if there is q printa fdcie presump-
ton for or against fraud, whether It
exists against those officers elected before
the fraud could have been contemplated,
against a board that acted at the time
required by the State law; against q
board that acted as required by Congres.
sionsl law; against board that acted in
ignorance of,the result of other States; or
does that presumption of fraud exist
against men who knew the importance
of change OF the result in Florida;
against men who acted with q knowI-
edge of the necessity OF the action they
took to accomplish their result; against
men who were organized rs new tri-
bunsl, and enacted q new law to accom-
pli5h that result2 Ii there be fraud; II
there be conspiracy, as alleged, where
does the presumption of law, under
those circumstances, place il? lnevit-
ably it places it with the motive OF the
act. The knowledge requisite to give
the motive the effect and purpose to be
accomplished were all before the eyes
of the persons participant in it. Fraud
cannot be SO presumed against parties
that act in conformity with the law, and
in the discharge of the duty at the time
required by the law, and in 3 manner
required by the law, as IL can be presum-
ed against those who do it outside of the
provisions of the law, and with full
knowledge of the effect which woIld be
produced by it. II you have right to
say another set OF votes must be counted
in Florida, you have right to say an.
other set of votes must be counted in New
York. Ii You take the jurisdiction 10
determine the votes which constitute
one of the alleged ma jorities in Florida,
and to upset the electoral college that
might exist there, you might 60 TO my
State and assert that the 10000 msjority
there should be upset.
Mr.. McCresry followed, reviewing the
quo vdrTanto case already referred to,
and reciting many authorities in con-
neCtion Herewith.
The President inquired whether the
counsel proposed TO offer evidence before
proceeding 10 argument.
1t was replied on behalf of Mr..
O'Conor that he expected TO offer evil
dence.
Justice Miller suggested that the coun-
sci might make brief synopsis or state
ment OF what they proposed to offer, in
stead of offering it IN detail.
Tho President asked Mr. Evarts if he
intended on his side offering any evil
dence.
Mr.. Evarts said be had no evidence TO
offer, unless there should be determi.
nation to admit evidence against his side.
which he should then need to meet
The President-If the Commission
decides to admit evidence, you would re-
quire to meet that evidence?
Mr.. Evsrts-Ies, Sir: especially relat-
ing to this particular matter Of Humph-
rev and whenever it il intended TO show
that Humphrey held the oili'e We
shall, perhaps, desire to give evidence
that he did not hold that office nj the
time referred to, and We suppose that l.
there is 10 be an inquiry which adducrs
evidence, that evideace Is to be proved
according to the rules wh 'ch make II
production evidence sys EN- Of COM
mon law.
Commissioner Thurman suggested that
there must be great many facts rs TO
which the counsel on both sides could
agree not rs TO whether proof of them Is
admissible IN this proceeding. but as
10 the existence Of the facts. II
the counsel would agree, rs far as
they could, in respect 10 the facts Of which
there could be no doubt bearing on the
question of their sdmissibihty rs mat
ter of decision Of the tribunal, it would
very much tend to save time
AHi,nrpaH