The New York herald., 1877-02-06

record that makes the basis OF the fact which he
Is to certify TO- but that the record n tho timo
which by law hs to base his certificate departing
from which his ccrthcao would be false, itself to
bc penetrated or surmountcd by ex:runeous proof
progress CT the election errors or frauds made;
that Is 10 say, that somewhere the steps between
the deposit OF the ballots The boxes 10 the precincts
and the original computation Of The of those
boxes therc and the transmission to corrective an
vass IN counting OF the precincts thus canvassed at
county canvass TO the state Canvassers, or
IN tho action Of the State canvasssrs in tho
ascertain the plurality OF votes for tho other
candidates. and declare and make record Of and
SO nx the basis Of the orwhether that act MAS
right wrong their part. fraudulent erroneous
In law or n fact--that somewhere In the process OF
the election ITSELF from stage to stage, on the very mat
ter OF right and the question OF rightu ttlo title
do jure there has matter Tor judicial consid
Grafton; for neod not say, that however simple aud
record Of the State 10 serve the needs and to
accomplish the justice as proposed by the learned
counsel tho obcctors against the Hayes
the principles upon which IL Ii offered if there
which required IT, justice required II tho
powers OF this commission tolerated H. would carry II to
whatever point this correction tins cvscsratlon OF
tho final canvass 10 TO be attempted I am nt once,
therefore, relieved from any discussions practical in
this except far illustration OF argument
may mako Il usoiui pro or con, Of any cons,derston
say whether Governors certificate could DO
attacked AZ scf being not Governor certificate but
forgery that Is not going behind Governors corti-
catethat 10 coming IN 'front.' OF Governors certi-
cate and breaking down, Governors certificate.
There certainly nothing in the principle that when
Governors certificate Is required FOR any form or
soismny or concausiSonoss o. forged
this introduces here no inquiry, In that proposition,
as 10 whether the certificate Is tho Governors ccru.
proposition suggest any debate us to whether Tho fact
10 be certified by tho Governor--the sub
stance that his certificate is TO authenticatc-
neous evidence to show that the tact
70 be certified discordanI with the certhcate aud
thni tha utaNT "a.
certificate OF the fact. There DO escape from
that proposition, unless our learned opponents ask
your assent 10 this clam. that when the Of Con-
gress requires this certificate TO the list Of persons
who have bccn elected, they required IRON the Gov
ernor certificate that evory stage and step OF the
process Of tho election has been honest and true
and clear and lawful; because unless you mako
that tho fact TO be certified you get no
opportunity 10 introduce evidence tho basis OF dis
cord between tho fact to DO certified and the act which
has been certified. Without disguise therefore, the
proposition rs that. whether or no there might be
casons Tor extraneous proof to fasify Governor's
certificate. either on the ground OF It's own spurious
character or on the ground Of ITS falsely reproducing
the TACT proessed 10 be stated, admitting the Gov
crnors certificate 10 be genuine, admitting the
as Of record on which no was to discharge this
charge Charge ' Of , IL. and that you are a. "a a stage
OF inquiry and right or inspection, which, treating
the Governors certificate as actual and as rghtfu on
record before him Wit, tho pletcd election
you to investigate the election itself matter
OF proof by such methods as the law permits aud
There one other suggestion In the objection, and
that Is about .extraneous proofs" that Mr. Aumph-
ugy Ss sas and @ S
Is then suggested by the learned counsel
that might introduce evidence that Mr.. Humphreys
surprise TO u.s. for It was mntter of inquiry before
the Florida State Canvassng Board on the 4th day Of
elusive canvass and evidence then taken. I am able
to read from page 32 Of Record OF Saturday In
report OF the Minority Comn,itee:-
Extract testimony the Florida State Canvass
iug Board. Monday December 4. lS7U:-
Mr. Humphreys. sworn.
At asvsa. %s 4. Tx :. q %s
4. What time did you resign A. Tho acreptance of my
week or ten days before the eecton which have on nc
In my otiee; did not think Of its being Questioned
Collector Of Customs would perform the duties of the office,
DISQUALIFICATION.
Now on tho nature Of an objection for disqualified
ton subject OF proof requiring production, III
Senate, IN other attrbution Of authority under the
clause OF the constitution governing their JOINT mean
ing word needs to be sara. Will attempt answer
the suggestion In the form O inquiry made very per-
tinentIy and forcibiy by Mr.. Comm ssloner Thurman
tho other day. AS ! understand the matter
and l will not repeat or anticipate
discussion that must como later IN due
form my part IN this argument-thero q cODsid-
this case whether the houses Of Congress
IN tho matter Of tho count or the President OF the
Senate II he have authority at the time Of their
meeting for the constitutional duty OF opening and
any intervention OF tho methocs OF proof Whatever
may DO thought on the question Of wh0ther this SUBJ
the scrutiny OF the DO counted and however
proper u might have becn for the acts OF Congress
70 provide for the production OF proof IN that
transactOn, and for the manner In which II might be
adduccd and considered, there IL Congress on
the subject and our proposition IL that that stage
tho transaction oi tho election Congress the two
houses and the President OF the enter
tain that subject of proo that the process OF counting
must go on and that II disqualified clec;or has passed
fhon na,ops s,Afe eha
the observation OF any sentinels guards
that may have beon provided In tho
law Tor excluding from actual election or
Tor annuIllng Of apparcut right, this disquaica-
ton should he made appear that when these
over and past ana tho vote stands on tho presentation
and autht ntication OF tho constitution which
certificate of the electors themselves, and the
OF Congress, must stand interchangeable and unim-
pcachable there or course the provisional means OF
inquiry ut that stage OF Congress- they had n
to provide any would have involved the delays Of such
M inquiry The proof of tho inhrmity and the proof
oi removal are matters ordinarily manageable; per.
haps in point Of time not loading to proxity, but in
supposable cases involving the contradiction OF wit
noses and discussion as TO the elect Of testimony
ow. Mr.. Commissioner Thurman asks the question
Suppose the electoral return, when opened discloses
he fact that tie four electors were then present
bers OF Congress, and had been at the time 0 the
appointmentY That involves an element you Eer-
revc, not touched BY the considerations that belong
TO proof. That mpeach hmcnt OF qualifications IN the
electors supposed Is OF ocular and personal observation
all times 0 the President Of the Senate the
Two houses OF Congress, and OF the record Of the
hat member 0i Congress excluded IN the list, and
not presently member, and involving by cxtraneous
proof whether or as Of certain date, there bad
)een completed an act 0 his retirement from tha
,fcc and the disqualification did exist IN TACT;
hen the case IN which tue Congressman 10 used
falls back the class OF where there
been co provision Tor extraneous proof, aud who
le Office accorded to tho Governors certificate Is not
euircd 10 bc ovcrpasscd by extraneous proof to his
but by transcepdent and present evidence
II the disqualification OF the members OF Congress-,
here ~. as wo suppose, NO salo rule. except to
ay that this Injunction laid upon the States
hat they shall not include IN tn cir appon the
prescribed, excluded persons, does not itself
nder the Consti ution, and II uncxccuted IN tho law
# tho State, IL only to be executed by the laws OF
;ution.
Now, have said that this tribunal cnnnot receive
addition to the certificates o. the nature Of
hat which Is offered that e. evidence that goes be.
ond the States record Oi It's election, which has
ccn certified by tho Governor resulting in the
appointment Of those electors. Ono OF this
roposition, and on which sufficiently rests that
here IS judicial inquiry INTO the very matter OF
vght the Office II accepts as It's function