Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-07
THE ELECTORAL COMMISSION.
Tho Proceeings in tho Florida Case
Yesterday.
Argument Of David Dudley Fold.

Argument Of David Dudley Fold.
WAsHINeroN, Feb. 9. - Field re-
viewed the action of the Florida re-
turning board and of Gov. Stearns,
and read from the evidence taken be-
fore the House committee to show
that votes of precincts had been
thrown out without a particle of evil
dencc, and upon n mere supposition
or belief that intimidation had been
practiccd.
The votes of Jacksonville and Der
byvillc were cited as instances of this
action. He argued that the para
mount question before the committee
was whether in the face of such tcsti-
mony as this it can be claimed that
the face of the returns is to be con-
sidcrcd as conclusive and binding.
The usual form of stating the ques-
ton, "Can you go behind certifi-
cate ?" is erroneous. The form of the
question should be reversed, so as to
read, "Can q certificate go behind the
truth and conceal it?' There is no
pretence that the vote of the State
was not given for Tilden and Hen
bricks. the sole pretext for denying
the fact being the certificate of Gov.
Stearns. They say the truth cannot
be proved as against that certificate.
This includes the proposition that the
two Houses of Congress have no right,
either separately or together, to con-
slider or inquire into any act which
Gov. Stearns may certify to Con-
gress. Suppose governor should
become so dcbased as to corruptly
and basely certify to Congress that
one set of electors had received ma
jority Of the votes Of State, is there
no remedy? The constitution no.
where declares that the certificate of
a governor shall be conclusive against
all proof. In regard to the election
of President, the constitution dis
tinctly declares that it is the person
having the highest number of votes
shall be declared elected, and il can
not be rightfully said that the certifi-
cate of the governor of State can
override this provision of the consti-
tuition.
Mr.. Field cited the case of Barstow,
of Wisconsin, fourth Wisconsin re-
ports, to show the propriety of pro-
cccding quo acaavdnto. In that case
the usurping governor was ousted by
the courts and the rightful governor
installed in his stcad--case parallel to
that of the governor of Florida. Field
regretted that there was no similar
provision of law bearing on the ques-
ton of the presidency, and paid a
high tribute to the foresight and
craftsmanship of one member of the
commission (Senator Morton) fol
Having discovered the latent difficulty
in question of a disputed prcsiden-
cy and labored early for its settle.
mcnt. Fraud vitiates all transactions
will not argue that the Judgment OF
a court Of competent jurisdiction
can be impcached collaterally fol
fraud. If it could be it would bt
against public policy; it would be q
scandal TO inquire into the bribery OF
corruption of a judge while thai
Judge is sitting upon the bench, there
fore, from motives of public policy,i
may be true that until a judge be i'm
lpeached or removed you cannot in
quire into the corruption of his acts
ventury to say, however, that Their,
is no document anywhere that yol
cannot impeach for fraud. l put tt
the court that Independent of thu
question of whether if a Judge wer,
mistaken and it be shown that, acting
IN the exercise of his Judgment, from
a desire to do Justice, he had CHROME
ncously certified thing to be tru,
which was not true, have no doub
: you could inquire into the facts.
submit that if You show that he cor
ruptly acted and that he was bribet
or led astray by his hunger for office
or thirst for power, you can impeacl
his acts. Who is he whose acts w,
arc asking to impcach? 1t is the thel
governor of Florida, nj. ii. Stearns
the man who sent a telegram asking
"On what grounds can we throw on
votes 7" and who received for an an
swcr, ''Fraud and intimidation, Of
something else" Stearns is the maj
who controlled those puppets of tn
canvassing board who were to decid
whether or not he was to exercise tn
Office of governor for the next term
Is it a correct proposition of law tina
you cannot inquire whether that maj
has acted fraudulently Is it to b.
true that certificates cannot be gone
behind? Then it is equally tru
whether there was an election or not
Suppose l prove, or offer to prove
that on the It'll of Novemberlast thcr
was no election whatever in the Stat
of Florida, and that no man voted o
cast ballot, and yet certificat,
should come here signed M. III
Stearns, could you say that show
four men were elected at that cleo.
ton? To that complexion must i
come at last. There is no middl,
: ground. If you can inquire into TIT
truth of that certificate you can in
quire into every fact relative to il
The greatness of the question, in re
spect to the dignity of the presiden
tial office and the enormous interest
depending upon it are as nothin!
compared with the moral element
involved. A greater question j
whether or not the American pcopl
stand powerless before q giganti
fraud. Here is this certificate. Hold
it aloft in his hand. One feels almos
reluctant to touch it. Hold it up t.
the light. 1t is black with crime
J Pass it around. Let every man see il
and then tell me whether or not tina
certificate gives a title to an office
CONTRARY TO truth, as we can prove il
If fraud succeeds now, let us cove
our faces with shame. Let us tax
down the statue on the dome of tn
capitol. which every morning face
the coming light Let us clothc our
; selves in sackcloih and SIT i'm ashc
forever.