, 1877-02-04


In the case was to be treated IS court Of eouity
qnized to give It any PARTICULAR amount Of forca
or Vcirht In its final i,,,1rment. but thc f.,n
mission was to look at It and determine the
case On all evidence before it. There had been
much talk here n1out goinr behind thc action
Of State. H. believes firm1v in the sovcreion
power Of a State tn annn;nt 9ny nrrson IN Eia;:,-
Or provided = w,< fnn. 1 +; the be- manner m o1 ~.
scribcd by her LcpiSl,tnre. and ht ht.lin-c1 that
fter tho onnofnt 1ncnt u.s made in th.t 1nanncr
m nan h.f ~ -;n,r ~ ID 1'1' ~ '1''''
20 ny1,1sn r.
and say # was MT m onnnintment TT tn he
made. Anvhn1r whrth.r m of1ircr 1T +he
State or an officer Of the General l;oyernmenr.
who uudertoolz tn set ,xi,ie snch m annoint.
n,cnt a. that would be euiItv @ Of OF usnrpat{on nj OF
authority. md h;s ,ct Tnria he Itteriv yofd.
Thereforr # ill., Gar.rnnr "r E1nr;d, In tia
ca:e. after The onno;nt-nn,,+ ~ ttasa Ei..ctnrs
was made by The neonIr. nntlerta.,k to certify
that they were not elected to nut nut somebody
else in their n]acr' th,+ a,t w,s ntterlw roiG3
false, and fraudulent: Thcy we're not roinr
behind the act Of the State in this case, the7
were only going belinti III rra,nI,,Icnt act n
an officer Of the state Whose acr Ind No vaiff1itv
whatever in it. When thcy werc tol1
TINT il the President Of the Sonata
laid before the Two Houses afaIse papcr. paner
that was absolutely counterfeit. and That MA
the cud OF It, and that no extrancons evidence
could be produced for the purpose OF showing
TINT that paper was forgery, the doctrine
went too far. II that PROPOSITION were carricI
low that the two Houses OF Congress must sim
ply receive whatever ANYBODY chose to fabri-
cate and to lay before them through the Prcsi-
dent Of the Senate, and that neither the Presi-
both OF them together, could do anything in
the matter but lust
TAKE WHAT WAS GIVEN
without inquirius into the gcnuineness Of it at
oil. The work OF the counterfelter was as we'll
entitled to be regarded as truth US the mere
spawn of a criminal conspiracy rot up for the
purpose Of cheating the peOple OF State, and
the people Of the Union by oycrturning and
oyerthrowipg the great principle UNDERLYING tho
institutions OF the country. The man who un-
these men, while At the time he did it there
elared unon MIN from the record which, lav he
fore him evidence that the fact was the other
way, was q counterfeiter, and the paper issued
WAS FRAUDULENT.
IT the pancr was Fraudulent. was it not as void
in law. and as corrupt in morals. as
If il Wns simple counterfeit
made by somebody else than bv the man who
nrofcsscd to si.,1, i! Mr.. Black cited what he
ra1icd The cyidsnce of fr,nd thc varions nro-
cerdines to oyerturn the Hayes and Whcelc1Elec-
tors. n6l added thc State mil defermjncfl moi to
be chcated out OF her vote, and had dctcrmIucd
that She would ascertain the truth in some un-
nrAcpn1fnnr. correctness
and tr11th nf which could never be iu,neached.
She lad taken those usurpers by the throat,
had dragged them into d court of Justice, and
there II III. nrcsencc Of n comnetent trIb,,nnl.
she Ind i1nnle 1tieti tnem. charred them with The
olfrnsc. brourht other parties who were claim
Cd IN i've her aocnts. and set them faco
to face. The proofs had been given In
both sides. and there had been a solemn adiudi-
cation by that court OF comnetent jurisdiction,
That the persons who claimcd ncast their votes
for Haycs and Wheclcr hal no rieht. or author
itv- or nowcr whatever to do thaI thiur. That
1erision. Mr. Riacl oro1,cd- was final.
0''' w sTorGHTox.
co,,e,o,,c 1T Mr. Tatthcws. said this Court I'M
o,cstfnnoh1v Vii scc that t, cmnloys no testi-
tnnnr Mt ~ 1,rinonv with Inv. The iuris,1ic-
tjon If th,s hoiI,, !. r.; connt the vote. it, now
a. wbcn NJ cnnntinTs is tn nse snch nroof. If INV.
tha ronstitnti6n md iaws hermit. fhe nr-
-osa ~ thc testimony offcred il tn po behind
~ pots " ,,erait en IN Gnrcrnnr,s rertifcnte'
iu+ h+ +hc nro3osoi is II or hchind the action IT
~ +r;h,,na1 .hic,. fhe Statc bas set m nr
wv as 41s +as+;n,nnr nffcreJ "a srnseiess ard
vos o.thiess Whnt - sneciallv nfyerefi tn main
~, 10 tha rioht ~ hore 1he VOTES connted fnr
Tden We hnrc heforc III the certificate OF
n" aS1 attormey- General of Fiorida who dissented
tron3 tho ,nc;orir~ 81 The Returning Board. s1at
in~ in that Certificate. with fraukncss as he does,
that thcrc is m method of authcuticattpg TINT