The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-04

was to exercise the office OF governor for
the next term. Is IL a correct PROPOSE
ton Of law that you cannot inquire
whether that man has acted irudulently.
If 1t be true that certificates cannot be
gone behind, then II is equally true tina,
we cannot inquire whether there was an
election or not. Suppose prove or offer
to prove that on the 9TH of November
last there was no election whatever in
the state OF Florida, and that no man
voted or cast ballot, and yet certifi.
cate should come here signed NJ. H..
Stcarns, could you say that that shows
that those four men were elected at that
election. To that complexion must 1t
come at last. There 10 no middle ground.
II you can inquire into the truth of that
certificate, you can inquire into every
fact relative to 1t. The greatness of the
question, the respect and dignity OF the
presidential Office, and the enormous in
terests depending upon 1t, are as nothing
compared with the moral elements in
volyed. The greater question is whether
or not the American people stand power.
less before gigantic fraud. Here is this
certificate (holding it aloit in his HANDY
one feels almost reluctant to touch it.
Hold it up to the light. 1t is black with
crime. Pass it around. Let every man
see it, and then tell me whether or not
that certificate gives a title to an
Office contrary TO truth, as we can
prove it. II fraud succeeds now
let us cover our faces with shame.
Let us take down the statue on the dome
Of our capitol, which every morning
faces the coming light. Let us clothe
ourselves in saekcloth and sit in ashes
forever.
RANDOLPH fuckers ARGUMENT.
Mr.. Tucker followed MIR. Field. He
summarized the objections made by Mr..
Field yesterday and said: The whole
question presented to this tribunal lie a
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: He
alluded to the quo warranto in the case
of the state of Florida ex rel. Wilkin-
son, Coll and others, and to the de-
cision OF the supreme court IN
that state. lie argued it to ,e sustained
by authorities, citing, among other
High on Extraordinary Rem |
,dies, sec. Z, p. 60. The returning board
he regarded as merely one step in the
authority by which the promulgations of
elections were made. The final detcrmi-
nant authority, If he were allowed to
make word for the OCCASION, provided
by the state of Florida, was the supreme
court. Therefore, unless the primary
determinant authority, viz, the board, is
conclusive not only in its action but olso
az to the extent OF its power, then VIC
must regard the proceedings in Florida
upon the action Of these electors as a
part of that determinant power which
the state has provided against fraud and
illegality in the exercise OF elective iunc.
tons.
KAssON's SPEECH.
At the conclusion of Mr.. fuckers ar.
sumcnt the commission took a recess till
three.
Upon reassembling MIR. kassoH al
dressed the commission. Lie said What
is the case before us : First certificate
comes to congress, as required by the
constitution and laws Of the United
states IN conformity with the statutes OF
the state Of Florida, certifying the cleo
toral vote OF one OF those states which
my honorable friend who last spoke
(Tucksr) was pleased to call the sover-
eign states OF this Union. That certiti-
cate is first opened and read. There is a
second certificate opened in the joint
meeting Of the two houses OF congress,
in which the persons signing the same
precede their certification by certificate
signed by an officer not recognized by
the laws of The United States, nor by the
statutes of Florida as certifying officer,
being the encouragement of the state OF
Florida.
2. lie certifles that there is no provision
OF the law OF Florida whereby the result
OF said returns Can be certified to except
by the executive OF SAID state. admitting
by that certificate, if 1t has any force at
all that his action is without law and
without any sanction by the statutes OF
the state.
8. The electors certify to their own ac.
ton, to their own qualifications, and they
themselves notified the governor of their
election. That is certificate humber
.wo, certificate OF uncertlfying persons
n view OF the law, state and national. |
That certificate was presented and |
opened.
There is third certificate still more
still more wanting in the
elements of verificatiOn, also demanding
1t is entirely CO post tacto.
t Is certified to by an officer not in exist
ence until the functions OF the Office had |
been exhausted; certificate which re-
cites the proceedings in tribunals subor-
dlnate and superior to the judiciary of |
the state; certificate which a canvass.
Ing board might under the same circum-
stances report to the state officers, but |