The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-02-15

| Slgtl TcscuUliaS WTlClUS, anu IL LutTtloTcd up
pears certain that the sepulchres belong t.
| an epoch which preceded the introduction
of the Phenician alphabet. Had the latte
been known, the Mycenaan goldsmths
whose continual efforts appear to have beer
directed to the invention OF new ornamen
tation, would have been very ambitious tt
show the novelty of the alphabet. A second
proof Of the immense antiquity Of these
tombs is the entire absence of any yestige Of
either iron or glass, or of any pottery made
on the potter's wheels. But the handmade
pottery had reached high decree Of perfec-
ton, such rs has never been attained here
in later times by the pottery made OH the
wheel.
The Florida Case.
The arguments Of the collectors" ON the
Tribunal, was commenced in the case of
Florida on Friday last. David Dudley Field
opened on the part of the Democrats, and
was followed by Hon. J. r. Tucker, on the
same side. Hon. J. A. Kasson, for the Re.
publicans first spoke. and was followed by
Mr.. McCrary. We give below the synopses
of the remarks ef Messrs. Tucker and Kas-
son:
MR.. fuckers ARGUMENT.
Mr.. Tucker reviewed the objections, and
summarized them that the Hayes electors
were not elected according to the laws of
Florida, and hence could not act; and sec
ond, that had they been elected they were
so tainted with fraud as to be invalid.
Should this tribunal, as the substitute for
the two houses, permit man whom all the
world knew to be usurper to occupy the
presidential chair? Was it ever intended
that a returning board stepped with crime
should place man in the seat Of Washing
ton? This tribunal was now standing as
the representative of the two Houses as the
guard to the presidential mansion, aud they
were to see that no man passed that had not
the passport Of the popular vote. He argued
that there were in the State two functions
in the matter Of the election OF electors, viz:
The elective function and the determining
function-thc one was in the voters of the
State and the other the returning board. If
the latter set aside the action of the former
it was illegal and void. Otherwise, if the re-
turning board could set aside the action of
the people there could be no good result
from IN expression OF the voice of the peo-
pie. If it was admitted that the returning
board could not set aside the will Of the peo-
pie then it was competent for this tribunal
to look into the judicial proceedings in the
State of Florida. The action of the Supreme
Court Of Florida must stand unless it could
be shown that the court had no jurisdiction.
Mr.. Hoar asked if the papers showed
whether the quo warranto was against the
Hayes electors for an office which they were
then holding or an office which they former
ly held?
Mr.. Tucker said the proceedings were COM
menced on the 9Th of December, when they
were exercising the functions, and he held
chat the judgment of the court rendered on
the 25Ih of January went back and was oper-
alive on the former days. The question, he
said, was not who gave them commissions,
but from whom did the board derive the IT,
tie? Did they get their title from the reo-
pie, or was the claim fraudulent The court
said that it was fraudulent.
Mr.. Tucker briefly referred to the third
objection against Humphreys, who was APP
pointed United States shipping commission
er in 1872, and had held the Office ever since.
He maintained that under the revised stat
utes this was all office within the meaning of
the constitution. He gave notice that IS
soon as the court should prescribe the mode,
they were prepared to unkennel the frauds
aud illegality which attend the title Of these
claimants.
A recess was taken from to 3 2. NJ.
REMARKS OF MIR. KAssoN.
Mr.. Kasson in proceeding stated the case
thus:
First, certificate comes to Congress as
required by the constitution and laws, and
in conformity to the statutes OF Florida, GER
tifying the electoral vote Of that State; that
certificate is first opened and read; there is a
second certificate opened in joint meeting of
the two houses of Congress, in which per-
sons signing the same precede their certitica-
ton by certificate signed by an officer not
recognized by the laws Of the United States
nor by the statutes Of Florida.
Second, he certifies that there is no provi-
sion OF law of Florida whereby the result Of
said returns can be certified to the executive
of said State, admitting by that certificate,
if it has any force at all, that his action is
without law and without any sanction Of the
statutes Of the State.
Third. The electors certify to their own
action, to their own qualifications, and that
they themselves notified the Governor of
their election, that is certificate No. 2. A
certificate OF uncertifying persons, i'll view of
the law, State and national. That ccrtifi-
cate was presented and opened. There is a
third certificate still more extraordinary,
still more wanting i'll elements OF verfica-
ton; also demanding consideration. 1t is
entirely ex post facto. 1t is certified by an off.
Ger not in existence until the functions of the
Office had been exhausted; certificate which
recitcs proceedings in tribunals subordinate
nd Superior to the judiciary of the State; a
certificate which canvassing board might
under some circumstances report to the State
officers, but which has never been sent tt
the Congress of the United States or to the
President of the Senate during the hundred
years in which we have been Il republic
The proceedings in the court recited in il
are all subsequent to that time, which by
the constitution and laws OF the United
States is the time fixed for the performance,
| of judicial functions.
| Then these two certificates are wanting
! in all the elements of the constitutional ant
| legal validity which should give them plac
before this commission in the condition
which the laws Of the country now are, 0
in which the laws of the State were on tn
9Th day of December, when these function
were exercised. Furthermore, II certificat
number one is constitutional and legal cx
| preston Of the vote Of the State Of Florida
OF course that question being settled in fayo
OF certificate No. obviates all necessity 70
considering certificates Nos 2 and 8.