The New York herald., 1877-02-03


sensed oy him WIN rospcci TO The facts For example,
when he refers TO Baker county only dissent from
say that II you 80 INTO that question OF Baker county,
and " that iacs, which he alleged TO be iruc-to wi
mar somebody laughed on a proposition being made
to canvass those voics-we shall naturally ask that
youeo into Jackson county, where, under other pot.
ica domination, there we're rejected 27l gwen
ior the other Candidate and that poll, certainly
claim, was entirely viated by that rejection. should
ask you TO go into another county where you would
nnd that railroad train. full OF passengers
stopped It's passage through the county, and tho
passengers got OF and the ticket supported by
my irleni, who makes he allegation about fraud IN
Baker county. should ask you 10 20 into other
counties, where you would nnd the poll vitated by
this stuinns of ballot boxes. We further answer tho
US by stating that propose show that there was
such case OF fraud in The incipiency OF that as
would as'onish not only this Commission but the
whole country by IFS presentation. / unite with
my friends In condemning fraud Wherever II exists
~ saouu s,t'"e, hot only tne poll but the action OF
every human oeihg who participates In H. We are
not here 10 defend fraud. We here, however, 10
say not only that tho allegation made on tho other
side is not correct but that the very step the
examination OF the question conrouts you with some
OF the grossest cases OF violation OF popular rights
that nave ever been heard OF In the history of this
country II we are TO seek out fraud let us 90 to
The bottom OF H. Let US 90 where that fraud found
In such degree and Ia such force penetrate the
very foundation Of the popular sovereignty of this
country and TO lead every patriot to consider whether
the highest duty Of Legislators ,s not nrs 10 put Ihcr
guard whore alone fraud is essentially feared be-
cause Is further removed from tho OF the general
public But leave that question out. do lot believe
that this Comm isson, by the constitution law, was
ever intended or has the power to the extent that
would be required to probe those mutual allegations
both sides TO the bottom. lind also that honor
able friends on the other side have been mslcd tho
judicial atmosphere OF this hail. usually 10
The Jurisdiction OF a Judicial court ana under
the influence of these columns and the assocatious of
tins room they have addressed you, honorable gentle
men OF this commission, as II you were vested
with the power 10 try causes, vested with the powers
OF subordinate court IN proceedings by writ OF qu0
pdrrdnto vested with the determination OF the rights
OF holding Office, and they have presented you these
questions upon which II Is absolutely necessary to
come TO dccision:-
First-is this Commission n general canvassing board
Sisn s'*'F to fse'n'A'' tho public vote OF tho State OF
second-Is this Commission national court or appea
from the state Canvassing Board
Thit-ls this Commission Judicial court of appeal from
the state Circuit Court OF Florida in proceedings by
The gentlemen the other side affirm that your
jurisdiction coexiensive with that OF q court in
proceeding By quo oarrdnto; and add the iact In
response 10 the facts alleged on the other sdc which
have thc decision OF this subordinate court Judge
Whites Court in Forica, AS the final determination OF
that question OF quo warrdnto, that informed
and so claim the fact TO DO, that it is pending on
an appeal IN the supreme Court OF the State OF Florida
alter regular app al from tho Circuit Court after tho
proceedings OF quo ,'arrdnto.
THE COMMISSION CANvAssING HOARD,
Now the affirmative of all these propositions Is taken
by our opponents. They do airm that you arc n can
yassns board WIN power to reSanvass the vote Of
arc not merely canvasalng board, but national
court Of appeal from tho action Of the Canvassing
Board. They do affirm that you are court judicial
that from the action OF the State Circuit Court Of
Florida you can take jurisdiction in reviewing their
action. They do affirm that there Is no limit TO
your power to Investigate into the honesty and
integrity of tho action Of tho Canvassng Board Of
Florida and determining 1t originally with Tho powcrs
OF court 10 whom the certificate OF election should
have been gwen Now this represents tho legal posi-
ton OF our opponents. ask, therefore, what the
honorable gentlemen composing II that the assump-
ton Of those powers implies that wo are. to
President inside the length of time limited for that
purpose. You cannot say TO those gentlemen, 'Wc
VIII so behind the regular certificates provided by tho
constitution and laws just so far as to lind whether
what you alcgc 10 be fraud is or is not iraud.n We
must, II we so behind them, so where all fraud is
asserted TO be. II is tho popular vote
that those gentlemen say you will rovcw
Where did this commission get its power
from2 BY the act organizing Tho commission you are
vested with the right consider Just much OF this
case as Congress might consider. Let ask, then,
what is that IN order TO clear our hands from what
within the last two or three years has grown TO be
most dangerous aspect OF tho rights OF States and
pcoplcvz. an assertion OF the Unlimited power over
all things and all questions HAVING national aspect OF
tho TWO bodies comprising the Congress OF the United
States No such thing intended by the constiiu-
tion Tho samc power which undcr the constitution
ushcs Congress in saying that the ng shall bo
done by this commission would have justified thcm
IN saying that the counting should be done by tho Pres
dent OF tho Senate Admitting that Congress has tho
power SO 10 arrange it, We must guide ourselves by
same principles OF Justification that you yourselves
would assert, surrounded by the simple power OF tho
constitution II tho President Of the Senate alone shonld
count the votes. II tho constitution had said, and
the vote shall then be counted by him - the same rc
suit would have been reached. II, instead OF s.by
him." you use the two words ''by Congress" you 40
not improve the matter at al. Whatever Congress
hus 10 do that is TO DO dorc by the President OF the
Senate or by tho two houses OF Congress- II you nan-
tain that the President OF the senate should count the
voes that he has the right 10 send
TO take depostons to seek evidence to recanvass the
popular vote of Florida, TO organize tho whole ma
cnnsry aHs o, the executive cnnvassag boards Of
there gentleman In this Commission from
either house OF Congress or on the supreme
such power under tho simple language, ''Shal count
the vote?" II not, then the has gwen no addi.
tional power TO fifteen ousidc OF the power which
by tho ike would have been conferred upon one
man. Hence say there is IN this law power TO do
more than is necessarily implied in tho words, ''count
the vote"
WHAT ''couxr THE VOTE" MEASa
That being So We come to the next question, What
does II mcany And rs the power OF that sort that i'm
Plies something not ministerial? With the narrow
circuit OF discretion that belongs TO tho ministerial
power does H. as gentlemen on the Diner side claim,
give them unlimited power OF review? II II does your
constitution In It's very framework and organization
violated The nrs three articles OF th" federal constl.
tuition relating 10 tho functions OF this government
made them legislative, executive and judicial, and
affirm positively that the judicial functions
vested In certain body, namely IN
the Supreme Court apd In inferior tribunals inst us
legislation is vested Tho Congress Of tho United
States Just as executive power is vested In the Presi.
dent the lines drawn In the constitution OF your
cofnry which tolls you that the mutual powers OF this
government IN Tho three great powers shall not DO
three. The safety of our people bnnas
upon IL Tho safety OF our States narg upon IL; all
tho elements Of national safety hang upon the obser
walton OF that great stcp in modern cvzation great
as compared wth the ancient that takes from de-
p,rtmcnt OF government all duties except those per-
tanIug to lie principal branch. The claim made on
tho other SIDE mergcs them, and says that you
exercise judicial functions The claim mndc this
morning maintains that your powers arc cocxistcnt
with the powers OF court on writ OF quo uorrdnfo.
think II may be assumed that the language the
creating this commission coDicrs powers upon
IT, organized as 1t Is to tide difficulty TO
this ministerial act OF counting The vote, | have
spoken o tho narrow circuit OF discretion that sur
rounds the ministerial act OF counting. beg to re-
new the distinction that there Is no difference
made by adding tho words "by Congressn
ut tho end OF tho constitutional clause so that
II would read ''sha then be counted by Congress- Ii
is tho II the words added s'shali then DO
counted by him. meaning tho President OF tho Sem
ate The essential OF tho phrase Is the count What
Is that narrow circle II IS to ascertain tho count
The certified votes under the constitution and law
that ought TO be counted, not IN the sense claimed
but In MINISTERIAL sense. Do they upon their
face contain evidence OF iraud--ol error? Is