The New York herald., 1877-02-04

Judgment
Of The dnai authority Of The State decided by the
eecsou those whom lac ccrtiued tho electors had
IN fact according TO law boen appointed The iacs
that . subsequent Governor IN, and that .
court rendered Judgment upon hlA could NOT
change the de faco status OF Governor stearns Tho
quo parrdnfo proceeding could not be alleged against
the facts recited IN Governor Stcarns' Certificate be-
facts not matters OF legal construction They
exist OF themselves The fact is undoubted and I'M.
questioned that Governor Stcarns the time Indicated
tho de fdcto Governo. OF Florida The REALTORS in
that quo appeared clearly by the reco rd
to have been In possession tho tlme lnd their
cnin OF right TO occupy tho Office not affect the
actual status OF Governor stcarns nor the legal ana
constitutional force OF his action.
MR. srouGuroS's ADDRESS.
Mr. SrorGurox succeeded Mr. Mathcws and opsned
the case for tho republicans as follows:-
ME PRESIDENT AND GENTLEMEN TnE CoMxIssIox--
Although my brother Evarts myself propose 10
uvido between us tho remainder OF time, shall
occupy. think, but very small portion Of IL The
question which this tribunal has given argue as
] understand H. Is whether any aud, II any,
what testimony be received in tins case
OF any nature. independent OF documents, which
aud opened IN the OF tho two houses In the
hrst place Il seems 70 me appropriate 10 ask, What 10
powerss Upon it Is dsvoIvcd. by tho legislation VI
Congress, such power II any. TO count the electoral
v. vote IN special cases % relerrsa ans 70 = as ::
acting separately or together Tho jurIsdic-
ton as eo,, conferred " therefore, an unkuowa
powers OF the two houses acting separately or
together. Assuming the power Of tho two houses
OF either House count the election VOTE what duty
what power. involved IN the exercise OF that func.
ton The purpose TO be attained Is the count OF tho
tribunal is to count that vote in special cases.
II Is 10 count the electoral vote aud not
10 count tho votes by which the electors w.re
elected That is discriin nation which need hardly
think, have baen forced by argument Tho Electoral
vote only Is 10 be counted. and this tribunal has
power and no duty 10 count the vote by which ihs
electors elected If II had It would DO compelled
to descend to unathomable abyss and gropo way
into recesses IN which II could ind Itself III q
position not only somewhat unpleasant but
from which II could with difficulty cxtricato itself
What Is tho scope OF the inquiry before this bodyf
The general inquiry OF the gentleman Is whether any
testimony is admissible IN this case and for the pur
pose OF ascertanng what testimony 10 admissible " ID
well to learn precisely what this case what "a
the purpose OF the testimony proposed TO be put in
judicial notice Ono consists OF tho laws State
OF Florida What are those laws in reference
to thus subjects And what was done in
by testimon las It Is caod for tho purpose OF over
throwing what was done In pursuance Of the
that Sttcr In tho hrst place the statute OF that State
by provision, portion OF which will take the lib
erty OF reading, creatcd Returning Board. having
pacity 10 certify the number OF votes cast Tor
sand If that board performed its duty
however inistakon. however couded with error how.
or you pieascl tainted by fraud, IL It performed
the duty Imposed 1t by law aud did ascertain and
did declare how many votes Tor particular sets OF ccc
tors nsd been cast aud did certify aud declare who
the pers0ns who elected electors that ends
tho inquiry here assuming TINT you may 60 behind
sumo the right to 90 behind the action Of tho
Returning Board the final tribunal tor purpose,
created by the law OF that State and
II did did not, according to your Judgment iatth.
fully declare inc vote cast aud faithfully declare who
that Returning Board will appear from the fourth
section OF the act OF 1872, which Will DO found page
OF the report OF Mr. Sargents committee. II provinces
that on tue tbirty-lilh day ai,or tho holding OF
any general or special election Tor any State officer
momber oil the Legislature or representative In Con-
gress, or AS soon as the returns shall have been
ceived from the several where elections
shall have been held, the Secretary OF State Attorney
General and Controller VI Public Accounts, any Of
them snail go with aGy other member OF the Cabinet
who may be designated BY them, and shall
Office OF the Secretary OF State pursuant TO
notice 70 be gvcn by the Secretary OF State and shall
form board Of State canvasscrs aud proceed
the returns Of said election. desire the com.
mission to mark we the language Of the act. II says
that they shall 'procced TO tho said
election and determine and declare who shall have
been elected 10 any such office member as
shown by such return. I'll any such return shall ap-
pear to be irregular false or fraudulent SO that tho
Board shalt be unable to determine the Tor
any such oiicer member, they shall certify, aud
shall not include such returns IN their determination
and declaration ~
There was committed to thom by that statute a ca.
pacitv to determine and decide nnal conclusive,
and majority or that board authorized 10 per.
form that duty, and they did perform And Il sp-
pears here before this tribunal that In discharge ot
ncy Geuoral did, the OF that discretion
thus connded 10 them, certify and declare that the
by the lawful voters Of that state ''rS,vu TSe"'
we 20 behind that We 70 bchInc
sen. up to declare her will in the Electoral College. Tor
II is bor will as sovereign State, whethcr wise %
foolish land foolish It may be. AS wc have lately seem.
commission shall 60 behind the inding that Board
Il Will go behind 1t upon tho theory that Il may
else ITS will Irrespective OF judicial power UPON the
theory that has the capacity OF both houses os
either House To do as II pieascs Not In subjection
to the constitution OF tho country, but In obedience &c
It's will and purpose
rIIE DECLARATION OF THE STATE
suppose It will not bc donied that state OF thh
Union by It's Legislature may, In mode II pleases
declare VINO shall be It's instrument for selecting cleo
tors | suppose that If the State OF Florida
haA sinNla apnA hat nf
select the electors that would DO nnaL
II It wcre done, pcradventurc some theorists,
the source oil power TO elect judges welt Ms all
othor officers, might say that that was hardly
that he would 20 behind tho express will Of tho State
as 10 the electors appointed, would lind himself
gagged In an effort TO invade the Sovereignty OF tho
State and interfere with It's supremacy. am per-
iecty aware that II this tribunal wore leis
to the intelligence Of committees by whIchs
selecting some OF It's number, II could throulh
them proceoi to different Staes and irrespective Of
the rules oi evidence OF law, gather together test
mony, there Aupposng to have the capacity TO do
II should please, might go behind and any
fna lnwiu declaration OF any Returning Board IN any
Ia the country But Congress- while Il coufers
Ia the shape Of unknown quantity q Juris.
dicton upon this tribunal declaring that II should
possess the powers II any, OF the two houses fer tho
purpose ol performing the duty Of counting tho vote
took not 10 permit IL to found It's conclusion upon
testimony inadmissabc In u court OF justice. rho dis
trcton between the uncertainty OF language which
coniers Jurisdiction, and the certainty aud precision o
lang which coniors power Is marked and apparent
Mr.; stonehlon tnen read from tho Electoral bill az
foll0ws:--
certificates. votes and papers objected TO- Aad
oSeeDn s% Be- forthwith saS%ea 20 susS so
mission, which shall proceed to consider
power II Possessed tor that purpose by the
houses sctng separately together aud by majority OF
votes decide whether and what from said state
the provided by the constitution United
States aud how what persons
electors In such states may therein take
such petitions dispositions and other papers any as shall
by the constitution and existing law bo competent aud
pertinent In such cons alteration.
Competent and pertinent In view OF whatg In Wow
a nm I'M leo L
mean no dsrcspcct whom say that that mode permits
the breath OF calumny to be blown IN u way which,
thank God, courts OF justice take 10 prevent,
and your Hon0rs being conldcd with the power
TO hear dispositions, papers and petitions, within tho
meaning oil the constitution and existing laws u not
being expressed precisely what they are) will look
those rules OF law which guide you in administering
justice upon the bench, and will determine what are