The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-05

elg was pleased 20 call the sOvsrelCl
States Of this Union. That certifcat
Is first opened and read. There is
second certificate opened in joint NEE,
ing Of the two houses Of Corgres. il
which persons signing the same Dr..
eedc their certiica:iou by certificate
signed by al officer not recognized b.
the laws Of the United States. nor b,
The statues Of Florida as the certifyinl
o,hcer, he being Attorney General. Th,
second certities that there is 10 provis
ion Of law of Florida whereby the re
suit of sa,d returns can be certified ts
by the Executive Of said State. Ad,
uniting that the certificate, If it ha.
any force. will show ti.s.s La. ., ,iou =.
without law and without sanction by
the statutes OF the States. Third, the
electors certify TO their own action. to
their own qualification, and they them
selves notify the governor of their elec-
ton. That is certificate No. =, certi.
ficate of nncertifying persons in view
OF law. State and national. That GER
tifica.e was presented and opened. The
third certificate is still more extraordi.
ns.y. still more wanting In the ele-
ments OF veritication. also demand, con
sideration. 1t is not only er post .tacto,
It is certified by an officer not in exis-
tence until the functions of the Office
have been exhausted certificate
which recites proceedings subordinate
and superior to the judiciary Of the
State; q certificate which o canvassino .
board might under some circumstances
report to the State officers, but which
has never been sent to the Congress Of
the United States or the President of
the Senate during q hundred years.
The proceedings in court recitei in 1t
are all subsequent to that time which,
10y the constitution and law Of the
United States, is fixed. l do not be-
lieve that this commission by the con-
stltntlon or law, was ever intended, or
has the power to go to the extent that
would be required to probe these mu.
tual allegations on both sides to the
bottom. Kasson argued at great
length against the power of the com
mission to 60 behind tho returns. and
said Are you TO revise the proceed
ings of all State elections and State
tribunals appointed by State laws. or
are yon to count what is properly GER
titled and presented to you If it be
otherwise. le. the constitution be
amended and let it be declared by this
tribunal; Each State shall appoint in
such manner rs the Legislature thereof
may direct. u number Of electors, &c,
subject TO revision by the Congress Of
the United States, which shall deter
mine whether such electors have per-
formed their functions to the satisfac-
ion Of said Congress. We are brought
To an amendment to the ron-
'Iitnt,ou. "uiCu Is sought TO secure the
tights Of the States. which require
every ballot in the Presidential election
% he cast on ths same day. that they
might be freed from centralized in
1ence Every member Of the commits
'ion knows the history Of the adoption
If this clause. and yet We are brought
o-day to the question shall we go on
md complete the absorption OF
he absolute independent right Of
State to appoint electors in their own
way, and say that it is subject to the
.wo houses Of Congress whether they
nave done or shall do what 10 necessary
The gentlemen asks, are We then to
axe the certificate of the Governor
against the truth? Is there not reason
IN the other side why it should not be
Isked are We to take the certificates Of
fifteen gentlemen against the truth?
Field proposed iu bis argument to show
og rolling by which the Hayes electors
got their certificates May l ask this
tribunal if there is q pSimsa .facia pre-
for or against fraud! whether
/ exists against these officers elected
before fraud could have been contem-
plated against beard that acted at
he time required by the State law
against a board tn@.: acted at the time
by Congressional law against
/ board that acted in Ignorance Of the
'esuIt of other States or does that pre-
of law exist against men who
knew the Importance of a change of
'esult in Florida against men who
lcted with knowledge Of the necessity
If the action they took to accomplish
heir result against men who were or
,anized as a new tribunal ard enacted
, new law to accomplish that. II there
De fraud. if there was conspiracy Is al
eyed, where does the presumption OF
aw under these circumstances place 1t
Inevitably it places it where the mo-
i've of the act, the knowledge requisite
20 give the motive effect and purpose to
were all before the parties
II fraud canno, be ~ presumed against
parties that act in conformity with the
aw and in the discharge Of duty. at the
lime required ty law and in the man-
aer required by law. it can be pre-
,umed against these who do il outside
9f the provisions of law. and with full
knowledge Of the effect which would be
produced by it If yon have right 10
say that another set Of votes might be
counted in Florids, you have the right
10 say that an,ther set OF votes might
be counted ia New York. II you take
Ia determine the mere 80
' otes which constitute one of the ille-
sal ma jori:ies IN Flcrids, and upset an
lection college that might exist there.
ou Nigh, 60 Ia my State and assert
hat tie 10000 ajority there should he
upset.
McCrary follow cd. reviewing the q'so
car,aato case already referred to. and
rec,tinS many authorities in connection
Herewith.
Presiding Justice iuquiriaG whether
,ounsel proposed so offer evidence be-
fore proc eding 10 argument
1t was replied. in behalf Of Mr..
D'CC,n0r that be expectes! to offer