The New York herald., 1877-02-03


question in respect 10 the dignity of the Presidential
office aud the enormous interests depending upon are
as ho'hng compared with tne moral elements invoved
True II Is that the person TO whom you give your
decision will be for for four years the Chief Mag
strate Of As 900 OF people, will be Commanderin
Chief OF your army and navy; the organ between you
and all foreign States the besowcr OF all Offices; the
fountain OF honor and power and the executor OF
law But that IS as nothing compared with tho greater
question. whether not the American people stand
Poweress before gigantic fraud. Here Is this Ger
~ oHcs so' pn S sh r. -
black with crime. Pass II around; let every man
II, and then tell mo whether or not that certificate
gives Title to an Office contrary to truth, as we can
prove IT, One OF the greatest poets OF the palmicsi
days OF English literature, writing OF the coming OF
the Saviour, said
Returning justice iin aloft her SCALE"
Ancient fraud Was there ever fraud like thtsY In
all previous ages fraud has succeeded only because
has been backed by the sword aud protesting peoples
have been powercss resist tho orce OF armed bat
,aions Never before now, in the history Of the
and the Will OF sefgoverning people II succeeds
now let US cover our faces with shame Let us take
down the statue on the dome OF the Capitol. which
every morning faces the coming light. Let US clothe
ourselves in sackcoth and sit in ashes forever.
SPEECH or MR. TUCKER.
said, which are made by tho members of the Two
houses OF Congress TO the counting OF tho electors who
voted for Mcssrs Hayes and whcecr are 10 be found
printed this morning the form 10 which call The
attention OF the Commission.
The first objection is that the SAID Pierce and others
were not appointed by said State OF Florida In such
manner as It's Legislature had directed.
The second Is that the said Wilkinson Call and Others
the Tlden electors were appointed by the said State
in such manner AS the Legislature had directed.
The third Is that The qualified electors OF the said
State IN manner as Is provided by tho law OF Florida
did elect Wilkinson Cali and Others the Tdcn electors
The fourth IS that the pretended certificate paper
purporng TO be such, signed by Stcarns Governor
OF that State OF the appointment Pierce ana others
was and rs in all respects untrue, ana corruptly
tween the said Stcarns, Pierce and others TO up
fictitious and unreal votes for President and Vice
President
tho nth is that the said papers. falsely purporting
to be the votes for President and Vice President of the
State Of FLORIDA, arc fictitious and unreal and do
properly represent any votes lawful acts
made out and executed IN pursuance Of said
conspiracy.
Tho sixth sets out at length what will state sus-
cincty. that by quo wdrranto TO u proceeding
initiated prior the vote given for Hayes and Wheeler
by those pretended electors the OH dav OF Decem
Der, ana which resulted In adjournment To tho 18th
or 10Th OF January their election and their title to the
occs OF the State OF Florida declared utterly null
ana vold and that they were usurpers ana prctcnders
10 the said Offices In that Of quo ,odrrdnt0 tho
parties were tho State OF Florida rel Wilkinson Call
and othcrs thc Tilden ciectors) against the Hayes
electors These are tho objections made, and they
may be summarized thus
We object to those being counted because say
these men were not according 70 the Inv Of Forida
Seco"d-ws hold that, II they had been elected
was tainted and Is void.
The whole question presented to this tribunal Is a
question presented to the two houses o. Congress and
which they have substituted this tribunal In their
stead TO decide II Is simply ths-ls there any power
IN the constitution under which we live by which
fraud can be prevented tho Presidency? Must
whom everybody knows to be a usurper, DO pro-
nounced by the two houses Of Congress this ribu-
nal IN their stead 10 have right 10 that office to
gress-the sentinel guards appointed by tho constitu-
ton against usurpation OF this high oiceshal this
tribunal the substitute for this sentinel guard permit
fraud TO crawl with smy trail into the Executive seat
whence 1t may spring from its coil and sting with
fang tho lite blood OF tho greatest Republic in tho
III ~
fraud and based upon lawiessness, to conclude the
Judgment OF the American people IN putting usurper
into tho seat OF Washington?
Mr. Tucker continued at somo longtn Hc alluded
to tho quo carrdnt0 Of the State Of Florida rel Will
Supreme Court of the State OF Florida in that State
The decision OF the Court ho argued bc sustained by
authorities, citing among other authorities High
EXTRAORDINARY Remedies section 100. The Returning
Board he regarded merely step the path by
which prom ugatons Of elections made. Tho final
dctcrmnant authority III no wero allowed to make
word for the occason) was the Supreme Court. There-
fore, unless the primary dcterminant authority-vtz
the me Boards conclusive not only In its action but
also as to the extent OF Its powers, then wo must
regard tho proceeding In Florida upon the action OF
these electors as part OF that determinant power
gality In the exercise oi the elective function.
THE REPUBLICAN sIpE
when Mr. Tucker had completed his remarks Mr.
Kasson said on consultation no thought It duo tho
interests represented by himself and Mr. McCrary that
he should ask further time to examine the certcatcs
which are all involved in these objections lie asked
II specially upon this ground, that instead Of tho
ncatcs aud papers to which the objections apply ap-
peartng print the Record this morning as was cx
pcctcd they had appeared and no access 10
them until counsel on the other side IN their
printed documents had placed them before him. In
addition to tha the magnitude OF the questions pre-
sented by the arguments OF Messrs Field and Tucker
were reason why he should attempt TO aid tho CON-
mission more than could be done BY proceeding i'm.
mediutely with his remarks.
Several members of the commission expressing their
bic to avoid, Mr. Kasson concluded that ho would pro-
ceed after short recess.
The commission then O'Clock took recess until
three o'clock. when Mr.. Kasson proceeded with his
MR. KAssox.
MIR. PRESIDENT AND GENTLEMEN THE ELECTORAL
CoMMIssoN-ln what ] have to say shall be mindful
oil the legends OF that honorable which usually
occupies the bench now occupied by this committee.
IL is said OF Chief Justice Marshall that after listening
for day and TAR INTO the second day young
scllor who had by that time only passed Coke upon
Com mcn,arics" the Chief Justice reminded him that
II must be presumed that the Supreme Court Of tho
United states was isali partially ,ognizant OF the law
and he might be able To abbreyae his argument In that
spirit to-day shall cndeavor, briefly possible to
bring our part OF the IRON those allegations and
arguments which have been presented and which do
not seem to us pertinent to the OF the
commission. WHAT Is the case before US?
Frsf-A certificate comes to Congress as required
by the constitution and laws of the United States IN
conformity to tho statutes OF the State OF Florida
tyng the electoral vote OF OF those States which
my honorable friend who last spoke (Mr. Tuckcr) was
pleased to call sovereign Statcs of this Union That
certificate is first opened and read There Is second
certificate opened IN tho Joint meeting Of the two
houses OF Congress, in which the persons signing tho
same preccdc their ccrtIhcation by certificate signed
by an officer not recognized by tho OF tho United
states nor by tho statutes OF Florida as certifying
officer. being the Attorney General OF the State OF
Florida
Sccondc ccrtines that there is no provision OF the
law OF Florida whereby Tho result OF said
be certified TO the Executive OF said State; admitting
by that certificate II 1t has any force all that his
action without tho law and without any sanction by
the statutes OF the State
Taird-Thc electors certify to their own action, to
their own qualifications, and that they themselves
titled the Governor of their election.
That Is certificate No 2 A certificate OF unccrtify-
ing persons In the view Of the law, state and national
That certificate was presented and opened.
There Is third certificate, still more extraordinary
sil more wanting IN tnc elements OF vcrificaton also
consideration IL is certified by officer
IN existence until the functions OF Office had been
exhausted certificate which rcctcs proceedings
in tribunals subordinate and superior tho judiciary
OF tho state; certi6catc which canvassing board
might, under some circumstances, report to State
officers, but which has never been sent the Con-
grcss OF the United States to the President OF
Som la no drcd in vt,c h.vo