New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-03
MIR. FIELDS SPEECH.
FLORIDA DEFRAUDED.


Commission. He said:
Mr.. PRESIDENT AND GENTLEMEN OF THE ELECTORAL
COMMISSION IL will be endeayor in the statemenn
may The facts which expect to and the PROPOSE
lions which expect TO establish The power deyoyed
by the Federal Constitution upon the States OF this Union
the State OF Florida exercised by the eectoras Of
sse n @s s
9TH day Of November 1875 was quet and orderly 80
NAMED only 70 gather the returns Of che votes Inc re-
suit of the voting was majority IN favor OF the
speak Of candidates persons-G will designate 40 tho
'Tiden electors" Nevertheless. certificate comes
ing that the Hayes electors had majority OF votes ny
what sort OF jusslery that result Was ACCOMPLISHED
State Of Florida the counties are divided into precincts,
and the votes OF the polling precincts are returned 70
officers and these county eanvassers certify TO the stage
canvassers
Mr. Field then read from the evidence Of Andrew A.
Allen Sheriff Of Baker County, Fla to the effect that no
and Judge Driggers went TO clerks Office Of Baker
County at about o'clock in the evening, knowing that
the clerk was in the Office and knowing also that the
had already made the canvass Of the votes He
| continued:
away the townsville and Darbyvie precincts because
they believed that one person hat been prevented from
voting; that they had evidence whatever before them
that except the statement OF the party aud an IN
pressionthe result Of general rumor-that some hega
The whole question far as concerns tue State OF
whole question Of law and presented to the Conmis-
son is whether or not IN the face Of such statements
those paper signed NJ L. stearns certifying that GER
tain persons were elected when there il truth
ia the statement. Is TO be received as binding upon THIS
| body.
Mr. Field reviewed at SOME length the action Of the
Florida Returning Board and OF exGov. stearns and
conpmented the people Of Florida for the patience and
forbearance which they displayed in the emergency
They resored" said he, "as all aw-aDiuing citizens
decided that the state canvassers had no power uuer
the laws Of Florida, TO throw guy any woes tnaa my
1 mi
lotbox that the Returning Board were neither
Nor e s"pre1e Court Of Florida therefore
the action OF the Returning Board Illegal ana Gov:
Drew took his place the lawful and accepted
Governor Of the State Florida II there be any mode
known to law by which deiraaied state cam through
its courts law. right any wrongs which It may sner
that mode has been adopted IN FLORIDA.
Referring the vote for President and VcePresident
Mr. Field explained that there three certificates or
returns from that State, return No. made by the
Hayes electors bearing the certificate Of searns AZ
Goyeruor return No. g signed by the Tilden electors
without the certificate of the Governor, but with cer
cate OF the Attorney General 1.-THE only dissenting men,
Der OF the Board OF Canyassers) certifying that they
were elected and return No s. containing the actoh OF
the State authorities subsequent to the first two returns
for the purpose OF revyng and confirming $50 far as e
was possible for thereupOn b do III the second
return.
CERTIFICATES NOT BINDING.
Mr. Field then said: We are told that the certificate
forwarded to Washington with the signature OF Gov.
Stearns attached Is the true certificate ana mat DO
matter what evidence may be found to In
validate that certificate it still remains binding tisto
that statement that propose to devote the remainder Ok
my remarks" He continued:
The form which the point is stated Is erroneous ana
s h 10 a as Terc is no petensc that the
true aud lawful OF the state OF Florida was not
yen for the Tden electors the sole preext IL that
the truth canno; he proved against the certificate OF
GOV stcans-hat the truth is rolled up and IN
that certificate and that Congress- whether atns IN sep
aratc in joint house, cannot colsdef any ~
which is certified by stearns. You may ASK ia .no
first place. what foundation that If; you are
told that You are to take that cer rniS h
conclusive evidence against sSgeyns exd sS Sy
doctrine of law are you deprived oil Ine rgn, , 70
every Judge il invested ,ecessIte with power TO take
all pertinent evidence in respect TO inc laes upon Ma
posye law declaring that certain certificates Oh other
documentary evidences shall be c9nctlsiyer , uh,ob
makes the certificate OF Stearns evidence against the
truth Where is III 1t Is not in the Constitution that
that is certain ony law OF Congcssf Inc only law
know Of bearing on it IS the act OF lIe ve ~
the state shall deliver to the electors ceticate tnat
be the truth Suppose offer prove that the certificate
is wholly false and fabricated for the purp9se OF
NJ tins nio-te State Massachusetts, Of ~hich my
friend Mr. Commissioner Abbott Is so worthy repre-.
senative suppose that the honored Governor OF that
state should become dcbased aud fallen as 10 GER
tify that in the recent election Tue Inaeh eec'Uls
had received a majority Of the votes OF the
paope OF Massachusetts. Does mean to tell me
that YOU cannot prove that certificate to be false
Where is th, law to support such statement Nayt
more il an act of Congress had declared that That cert
cate should be conclusive, that act would be unconstt
onal and for this reason the CONSTITUTION declares, o
asserts that person having the highest NUMBER OF
votes shall be the President not the Ison declared 70
have highest number OF votes lou cahho. 'neIe
fore manufacture certificate to take iIom te
person actually having the highest number OF
votes and IL yOu were By an act OF Congress 10 declare
in the most positive that tho certificate Of the
Governor should be conclusive against all proof, you
would transcend the limits OF organic Jaw ieu e'nhVt
say that the certificate OF the Governor OF iassrhu
seits, for example should override inc So'es " n o
would and am sure you would not II you could
The language OF the act OF Congress IL not 80 strong
of votes Take the Of Wisconsin. Thefe law OF
the state had declared that che state canvass should
clare who was Governor. man got into inc once Oh
Governor upon such certificate declaring tha' ne was
eected A rival claimant brought up the ease upon
writ Of qlo uarrdntO The first party had ms position
and claims advocated by the ablest COUNSEL OF te STATE
of Wisconsin, His argument was: lou cahnOt inquire
into the case because certificate OF the State can
vassers is cOnclusye No. says the court ia an opinion
which does them immortal honor, aud which VIII remain
a living monument Of patriotism to that court and Is
mite determination OF purpose as long h inc report
yctes OF the people upon those little ballots placed In
The baotboxcs declaEug the supreme VIII OF the people
hui who have voted by the people The court
declared that the claimant entitled 10 the ONCE aho
II eJeeted the usurping Governor
A RIGHT TO REVIEW TIE ELECTION.
What is this Commission to dot II is TO declare
whether any and what votes provided by tho
Constitution not 10 declare what those votes certified
nv Gov stearns You are certify what the lawful
votes upon which President OF i5,0OOOOO oil people 10
TO bc declared elected ANA to be indicted into ofce 10
II not implied that OF quo uarrdto 10 Try the title
Of the President the United States within the Rur-
Constitution has declared that the person having the
highest number OF votes shall be the Presl-
dent, not the person certified to- IL has
| nat invested tribunal with exclusive power