The New York herald., 1877-02-05
Progress of the Argument Before the
Electoral Commission.
ACLEAR CASE ON BOTH SIDES
Anxiety Concerning Scylla While
Avoiding Charybdis.
OBJECTIONS TO MIssIssIpPrs VOTE.
The Prospects for Action on the Presidents
Resumption Message.
FROM OUR SPECIAL CORRESPONDENT

FROM OUR SPECIAL CORRESPONDENT.
wAsHrSGroy, Feb. 4, 1877.
THE ARGUMENTS AND KMDAREAssMENTs OF THE
COUNSEL IN THE FLORIDA cAsE--FEARs FOR
THE oTHEE STATES IF TOO MUCH is
CLAMED-pRospEoTs ron DECISION.
Political people OF both sides are extremely anxious
horc. The strain is severe that 1t really tells on
many peoples nerves. When OF tho democratic
counsel has made ablo prosecution OF that sidc re.
publcans arc depressed; while when tho republicans
have had hearing, democrats equally respondent
Thus Judge Black and Judge Matthews have bccn dis
cussed all day, each side frankly admitting that tho
advocate of tho other madc strong plea.
Judge Stanley Matthews Is regarded as having mado
the most careful and effective speech SO far on tho re-
publican side. Tho difficulty ofthe republicans is that
II they demand the vote Of Florida on tho Governors
certificate they endanger Oregon. and thcy cannot
afford TO lose either They cannot, therefore, rest
their claims on the certificate of tho Governor,
IS at first seemed the easy aud shorter
cut to success Judao Matthews opened his
speech by emphatically discaiming any such
ground lie refused to hold that tho
Governors certificate should bo ina and did hold
that the commisson's powers wcrc limited to an In
qury into "What are the facts which the Governor
should have certified and did not?" And he took the
ground, also, that that body of electors which, with
an apparent right and paper title and in possession
OF tho functions OF tho office, actually it, is
for tho purposes OF this commission the lawful body
whose vote must be counted, even II subsequent
Investigations should show that haa no de jure title
These statements will form the ground OF battle to.
morrow, and ono of tho replies which the democratic
side may mako will be that tho Tdcn electors wcro as
met at the saDo appointed time they were voted for
the others werc decision OF the State Court has
declared them the rightfu electors; ono member of
the Returning Board vouched for their election
They have not tho Governors Certificate and that is
tho main difference between them and the HAYES
electors. Thus II Will be attempted to drive tho re-.
publican counsel back to the ground they not wish
TO ake that tho Governors certificate is tho one es.
eential thing
Tho democrats, on their side, have this culty to
1x a point at which they desire tho Commission to
stop tho backward investigation which they demand
II Is obvious that II they should require the Commits
sion to back Of the Returning Board and look into
the poll lists and county they would be refused
on tho simple ground that thcre is time for such
an investigation. AS Judge Matthew'S therefore, yes
tcrday defined narrowly and accurately than had
boon done before the republican claim, Mr. O'Conor
prcClfcIy
where and on what and what and easily pos
sibe compass the democrats wish to have their claim
Investigated and declared. As these principles, now
laid down, must apply also to other States it evident
that each sido abors under considerable cmbarrass
men If tho democrats lose Florida thcy do not want
TO lose II such grounds would necessarily put
them out OF court In the Louisiana too; can
the republicans, on the Other hand, afford to gain
Florida on such grounds as would lose them Oregon.
II is generally believed that the Florida case will be
decided by Thursday. or tho two parties The demo-
crnts perhaps, at this momcn least sanguire
about Florida but they feel sanguine about tho
general result than their opponents Florida really,
in mo opinion OF most who have examined It, the sim
plest and the clearest There little doubt that
tho State was fairly carried by tho democrats, and
when Judge Matthews remarked that the de .facto
electors need not necessarily be de jure aso Though
his statement very neatly and carefully made Il
was still to bo admission that II invcstiga-
tion possible it would show tnat tho State went
democratic.
On this has arisen discussion among the demo-
Gratis, who ask "If the commission Is to accept the
Governors certificate right wrong that is what the
Senate held, and what was tho use OF having COM
mission?'' But democratic Senator, ono Of tho
ccarest heads In the Senate made to this, and
hts reply is worth attention He said -
''Tno Senate hold that tho Governors certificate is
final; the House held an opposite opinions they could
not agree, and SO we appointed commission, having
an odd number Of members and gave thcm the dccis.
ion. Now they may decide that the House view is
right, or they may declare that the Senate view
right, or they may strike ground, bat what
their decision Is We must abide by IT, That Is the
end ot that matter"
There is a growing belief hero that tho commission
the lawful action OF tho Returning Board in Florida,
prefer to throw The vote of the Ste rather than
waste in efforts which might after all be vain to
may be shown. Tho vote OF tho State close; TO
determine whether the wrong of the Returning Board
II such wrong there was, sufficient, II righlea,
TO turn tho vote from Hayes to Tildcn,
nigh. involve tlG necessity Of scrutiny Of the
p0lled in the State, which Is impossible For this
sou u is held that the course of the commission,
which, court, decide regardless OF the poltl
cal consequences will probably be to throw out the
vote OF state whore such irregularities
place the vote In doubt, aud that they would justify
this on tho ground that this proper penalty
State Tor not managing important affair better.
THE PRESIDENTS RESUMPTION MEssAGE-THE
CHANCES or ITS BLING ACTED ON by con-
GREss.
Tho Presidents resumption message was read to
very th,n House Saturday afternoon, and has not
been so generally read yet that members and Senator's
arc prepared 10 express an opinion upon It, Senator
Sherman however, says lie is entirely in lavor OF the
views expressed by the President. The Senate Com
mittce on Finance, of which he Is chairman,
has already advocated this more than once,
mud bc has doubt that such meas
urc as Is contemplated by the President
would pass tho Senate tomorrow, but he docs not
think that In the present juncturc OF political aars
tho House would givo attention to the subject. Hc
does not believe such bill as the President recon-
ncnds could pass the House In this there is reason
10 believe ho Is mistaken. There enough members
In the House favorable TO such bill TO pass if It's
friends will use proper efforts Those opposed viii try
10 show tnat IT has no chance, and will cndcavor to
s,avc of action; but u tho country demands such