The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1877-02-08
THE TRIBUNAL.

THE TRIBUNAL.
The two Houses of Congress met
last Thursday in the Chamber OF the
House, under the provisions of the
Arbitration bill, to commence the
count of the Electoral votes for Presi-
dent and Vice President. Six States
were taken up in alphabetical order,
beginning with Alabama, and the votes
announced and recorded in the custo-
m airy way, without comment or
objection. When, however, Florida
was reached the objections came thick
and fast, Dudley Field presenting an
objection to the admission of the vote OF
the Republican Electors, and kasson
and Others three separate objections
to the consideration of the certificate
from the so-called Democratic Elect
ars.
Of course this produced the expec-
ted cause for reference to the Board of
Arbitration, and we do not see that
the formula of the two Houses first
voting on the question in their respec-
tive Halls, as prescribed by the Act,
was followed. AT all events the great
Tripartite Commission held its first
session that evening and made ready
for the contest which was to be open
ei on the morrow. Accordingly, at
half past ten Friday morning, Justice
Clifford, presiding, stated the case be-
fore the Commission and the order
and time allotted to directors and
70 counsel On the part Of the
Democratic directors Representatives
Field and Tucker appeared and at
once raised the su preme issue as to
whether the Commission should be-
come a Returning Board, by proposing
10 invalidate the vote Of Florida as
offered for Hayes and Wheeler by
showing frauds in voting or return
ing votes from certain counties nam
ed. Field was strong in assertions
and abuse, and Tucker quite an echo.
Representative Kasson and McCrary,
both of Iowa, rejoined on the part of
the Republican directors. Mr.. Kas-
son said that the arguments of the
Democrats raised three questions:
First-Is the Commission a General
Ganvassing Board to recanvass the
vote OF Florida? Seconds it a Ma
tional Court of Appeal from the
Board of State Canvassers? Third
+ it a Judicial Court of Appeal from
the state courts of Florida in quo
warranto proceedings? He then fur
ther stated that, while it was electoral
and not popular votes which Congress
was empowered to count, if il should
be decided by the Commission to in
sestigate county and precinct voting
and counting, the Republicans were
prepared to prove frauds in the interest |
of Tilden which would Offset over and |
over again all that could be shown on
the other side. Then followed a mas
terry argument upon the negative of
the questions raised as aboye-to each
OF which the Democratic orators had
assumed an affirmative answer Nc
Irary followed on the same line, forth
fving with q strong array of references
10 legal and constitutional authorities.
Saturdays sitting of the Commits
sion jnaugurated the second phase of
the contest-the arguments Of the dis
tinguished counsel on either side
Judge Jere Black and Mr.. Merrick
argued upon the Democratic side, and
ien. Stoughton and Judge Stanley
Mathews represented the Republican
counsel. Judge Black was little save
ill-natured, and did not win the plaud-
is Of his own side. Mathews made
The great speech thus far in the pro-
eeedings, and drove nail after nail in
TO the coffin of Mr.. Tiiden's political
greatness. Monday, at eleven o'clock,
upon the re-assemb!ing Of the Com
mission, the contest was continued by
Mr.. Evarts; and we can not, perhaps,
better indicate its scope than by giving
The substance of his argument as very
briefly summarized:
The only evidence for the Commits
ION 10 consider is that which goes to
the basis of fact and records on which
The Governors certificate is founded,
the decision of the State Canvassers. |
beyond this 1t cannot go; for, if this
boundary OF fina, determinative State |
action be passed, there Is no limit to
the investigation until it is ascertained
how every man voted. If the Gov
ernor's certificate is forgery, or if it
certifies to falshood. the Commission
can 90 back of it to the fact to be
certified. That fact Is the finding of
the lawful canvassing authority. The
states own record of the result of its
election is conclusive. There could
exist no adequate power to go beyond
il that would not ofnecessity be judicial
in its nature, and no plenary judicial
powers have been conferred by law
upon any tribunal except those inferior
ID the Supreme Court.
The Commission is not Court, and
has no power to adopt methods of trial
for determining the rights OF individ-
aais. A quo-warranto proceeding |
involves a trial by jury, and the com
mon law interposes a barrier to the |
Commission assuming to go to such an |
issue.
Congress cannot entertain questions |
of proof. II a disqualified Eiector
passes the observation Of the voters |
and the guards of the State law, his |
vote must stand interchangeable. If
the certificate should show that the |
Electors were Senators or Representa-