The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-02-02


feet that these two precincts were
thrown out on the suggestion OF the
Judge without any evidence, but upon
mere rumor that there had been false
voting and intimidation.
Mr.. Thurman asked from what paper
Mr.. FEld was reading.
Mr.. Field said he would hand him a
copy, and sent up small pamphlet en-
titled "a Statement Of Facts" 1t was
on this transaction that the case
rested. He read the testimony
of telegraph operator, that in
response to an inqu ry on what
grounds the vote should be assailed,
an answer came, "lraud and intimlda-
tion," and there was another that might
have been violence" going from the
county capital to the State capital. He
said the canvassers, the creatures OF
Stearns, eliminated the votes OF
other precincts until they had as
they supposed elected their master Gov
ernor, and, as they hoped, their future
master President. This state OF facts
they were prepared to support with any
amount OF evidence. The Tribunal
might demand, but the people of the
State, with u spirit that did them credit,
took upon themselves the righting OF
this monstrous wrong, and manfully
had they done it.
Mr.. Field then detailed the legal pro-
ceedings by which Gov. Drew had been
placed in the Executive chair OF Flor
ida, and the action OF the Court deciar-
ing the rilden Electors duly elected.
He said if there was any way in which
a defrauded State could right itself that
course had been pursued in Florida.
He next reverted to the action of the
Legislature in providing for recanvass
Of the State, which was made, and a
second law declaring the Tllden Elec-
tors elected, directing the Governor to
give them certificate, and that they
should meet and cast their vote, which
was now here as the third re-
turn. The second return was that OF
Tlden Electors, made before the action
of the Legislature-made on the day
prescribed by law.
In the face OF ali this it was claimed
that no matter how high the evidence
might be piled the signature of Marcellus
l.. Stearns could not be obliterated. 1t
was not proper to designate it as going
behind the records TO accept the sigma
ture as conclusive, 1t was going behind
the truth ana covering it up.
ANY court OF general practice could
examine into all the facts, unless there
was positive law to the contrary, and
ne denied that either the Constitution
or the Statute books contained any
| such positive prohibition. Suppose the
Governor OF Massachusetts had falsely
certified that the Tilden Electors
were elected, does any one claim that
the falslty OF the certificate
could not be proyeni Even had there
| been law, it would have been uncon'
| stitutional; for the Constitution declares
the person having the highest number
not the one certified to have the highest
number-of votes, should be elected.
Mr.. Field cited the contested case fol
the Goyern0rship OF Wisconsin, anC
said the Court had held the individua
for whom the most ballots had been cast
and not him who held certificate.
In conclusion, he said it was re
proach to the statesmanshIp of the coun
try that no provision had been made
during the century for writ Of quo
warranto i'll the case Of a Presidency.
Mr.. Tucker reviewed the objections
and summarized them. The Hayes
Electors were not elected according
to the laws OF Florida, and hence
could not act, and second, that had they
|
fraud as to be invalid.
| This tribunal was now standing as the
representative of the two Houses as the
guard to the Presidential MansioD, and
they were to see that no man passed
tnat had not the passport of the people,:
vote.
He argued that there were In tht
! State two functions in the matter
| of the election of Electors, viz.
the election function and the deter
mining junction. The one was il
the VOles of the State and the othel
the Returning Board. 1t the latter
set aside the action of the for
mer, it was illegal and void
Otherwise if the Returning Board could
set aside The action of the people, there
could be no good result from an expires
sion OF the voice of the people. lit was
admitted that the Returning BOart
could not set aside theiwill of the people
then it was competent tor this triDuna
to look into the returns.
| The action of the Supreme Court o
Florida must stand unless it could b,
shown that the Court had no jurls
dlction. The question he said wa,
not who gave them commissions
put from whom did the Board derive
the title? Did they get their title from
the people, or was the claim fraudulent
| The Court said that it was fraudulent
Mr.. Tucker briefly referred to the thirC
| objection against Humphreys, who was
appointed United States Shipping Com
missioner in 1872, and had held the office
ever since.
He maintained that under the revised
statutes this was an office within the
meaning Of the Constitution. He gave
notice that as soon as the Court should
prescribe the MODE they were prepared
to unkennel these frauds aud illegalI-
ties which attend the title of these
claimants.
Mr. Kasson, in behalf of himself and
Mr.. McCrary, asked, inasmucn as the
certificates and objections had not been
printed i'll the record, as had been antic'
lpated, that they be given time to exam
inc them, and suggested that they have
until tomorrow morning to examine
| them. After some demurring on the
part of the Judges, it was agreed thai
they be given till 3 O'Clock, q the Com.
mission adjourned TO that hour.