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


title to an Office contrary to the truth as
we can prove it. II fraud succeeds now
let US cover our faces with
shame. Let US lake down the statue on
the dome of our capitol which every
morning faces the coming light. Let US
clotbe ourselves in ssckcloth and sit In
ashes forever.
Mr.. Tucker followed Mr.. Field. He
took up the objections presented by Mr..
Field yesterday, and said the whole
question presented to this tribunal is Q
question presented to the two houses of
Congress, and which they have substitu.
ted this tribunal in their stead to decide,
1t is simply this: Is there any power in
the Constitution under which we live by
which fraud can be prevented on the
Presidency. He alluded to the quo Dar.
ranto case of the State of Florida er reL.,
Wilkinson, Call and others, to decision
ofthe Supreme Court in that State. The
decision Of the court, ne argued to be
sustained by the authorities, citing
among other authorities high on extra
trsordinsry remecy,
SIC. 760. The returning board shall be
regarded as merely one step in the author
ity BY which the promulgations OF the
elections were made.
The fnaI determir ant authority (if
be were allowed to make word for he
occasion) provided by the State Of
Florida was the Supreme Court.
Therefore, unless the primary determi-
nant authority, viz: the board, is con-
elusive, not only in its actions, but also
to the extent of its power, then we
must regard the proceedings in Florida
upon the action of these electors rs q part
Of that determinant power which the State
has provided against fraud and illegslity
in the exercise of elective functions.
At the conclusion of Mr.. fuckers ar
gument. the Commission took q recess
till 3 o'clock.
After recess, Mr.. kssson addressed
the Commission. He said Whist is the
case before US?
First-A certificate comes TO Congress,
as required by the Constitution and laws
! of the United States, IN conformity to
| the statutes Of the State OF Florida, certi.
| flying the electoral vote Of one of these
States which my honorable friend, who
last spoke, NJ. Tucker, Was pleased to
call the sovereign States OF this Union.
| That certificate is first opened and read,
and then there is a second certificate
opened in Joint meeting OF the two
Houses Of Congress, on which the per.
sons signing the same precedc their Ger
| tifcstIon by certificate signed by nm
officer not recognized by the laws OF the
United States, nor by the statutes OF
Florida as q certifying officer, being At
torney General of the State of Florida.
Second-He certities that there is no
provision of the law of Florida whereby
the result OF said returns can be certi-
fed to the executive Of that State, sd-
hitting by that certificate, If it has any
force at all, that his action is without
law, and without any sanction by the
statutes Of the State.
Third-The electors certify to their
own action, to their own qualifications,
and they themselves notified the Cover
nor of their election.
!. That is certificate No. "a certificate
of uncertifying persons. In view OF
the law of the State and nation, that
certificate was presented AMI opened.
| There Is third certificate
still more extraordinsry-still more
wanting in the clements of verlf-
cation-slso demar ding consideration.
L. is entirely er post fdcto. Il Is certified
10 by An officer not 10 existence till the
functions of his ottic 3 have been exhaust
ed. A certificate which recites the pro-
ceedInys IN tribunals subordinate and su-
perior To the Judiciary of the State. A
certificate which Canvassing Board
might under the same circumstances re.
port TO the State officers, but which has
never b N sent to the Congress of the
| United states or 10 the President of the
Senate, Juring;the hundred years in
which We have been republic
The proceedings IN court recited IN
it are subsequent TO that time
which by the Constitution and laws OF
the United States is the time fixed for
the performance OF Judicial functions.
These two certificates are wanting in all
elements OF constitutional and legal
| validity which should give them place
before this commission, in the con-
dition in which the laws OF the country
now are, or in which the laws
of the State were in the 9th day Of
December, when these functions we're
exercised. Furthermore, !. certificate
No. | is Con .tltutionsi and legal eI-
| preston of the vote OF the State OF Flor
ida, OF course that question being settled
in favor of certificate No. |, it OBJ
viates .ll necessity for considering
certificates Nos. = and 3, aud | ought
| perhaps 10 ssy to the honorable Com.
mission that It Is fortunate that they id
not grant the request OF o0jectors to ad-
| iourn till tomorrow. The next mail
might have brought certificate NJ. 4,
reclting new proceedings and new
action before the courts, and no end
would be found TO papers that
might be presented in party or per
| sonsl interes;, ~ establishing & retorsc-
tive right 10 exercising r function IN
the State of Florida. The objections to
the first certificate are substantially ole,
| namely, there was fraudulent return
that il WAS fraudulently Issued, not by
reason OF anything which appears in the
action oil LDc " : Va
the certificate, but because oftne action vi
other people.
Mr. Ksssun here referred ~ the frauds
in jackson, where he said the Republican
vote was rejected. and spoke Of the case
when the railroad passenger. got Of aud
voted the Democratic ticket, and said:
"l do not believe that this Commission,
by the Constitution or Law, Was ever IN.
tended or has power TO 60 TO the extent
,ha, would be required 20 probe these
mutual allegation. ou both sides 70 the
bottom.
Mr.. Ks.,on argue! S; great length
against tbe power otthe Commission 70
| 90 behind the return, aud said: Are
sou TO revise the proceedings Ct sli The
state elections and st2e tribunals. sp-
pointed by state laws, or are you 70 count
What Is properly certified aud
presented TO yoG. II it be Other~ise,
ie, the Constitution be amended, and let