The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-05
The Electoral Count.
Mr.. KassOn's Reply to Mr..
Field.
The Florida Case Still Under
Discussion.

WASHINGTON, Feb 2.--When Mr.. Tucker
had completed his remarks Mr. Kasson said
that, on consultation, he thought it due to the
interests represented by himself and MIR. Nc
Crazy that be should ask further time to exam
inc the certificates which are all involved in
these objections. He asked it specially on this
ground, that instead of the certificates and pa
pers, to which the objections apply, appearing
in print in the Record this morning, as was ex-
pected, they had not appeared and he had no
access to them until the counsel on the other
side, in their printed documents had placed
them before him. In addition to that the mag
nitude of the questions presented by the argu-
ments of Messrs. Field and Tucker were
reason why he should attempt to aid the COM
mission more than could be done by proceed
ing Immediately with his remarks.
Several members of the commission express
ing their unwiliingness to permit any delay
which it was possible to avoid, Mr.. Kasson
concluded that he would proceed after short
recess The commission then, at one o'clock,
took recess until three O'Clock, when Mr.,
Kasson proceeded as folio VS.:
| In what have to say shall be mindful OF
the legends of that honorable court, which
usually occupies the bench now occupied by
th commission. 1t is said that Chief Justice
Marshall after listening for day and far into
second day to yonpg counsellor, who had
by that time only passed Coke upon Littleton
and Blackstone, and got down to Kents COM
mentares, the chief Justice reminded him that
it must be presumed that the Supreme Court
of the United States was itself partially cognlz-
ant of the law, and he might be able to abbre-
viate his argument in that spirit. To-day
shall endeavor, as briefly as possible, to bring
our part of the case from those allegations and
arguments which have been presented, and
VIII Oh do not seem to US pertinent to the con-
usd inU of no oIlcI no ia h.a
before us?
First, certificate comes to Congress. as re-
qured by the Constitution and laws of the
United States, in conformity to the statutes of
the State of Florida, certifying the electoral
vote of one of those states which my honorable
friend who last spoke Mr.. Tucker] was pleased
to call sovereign states" of this Union. That
certificate is first opened and read. There is a
second certificate opened in the joint meeting
of the two houses of Congress, in which the
persons signing the same, precede their GER
LITIGATION bv certificate signed by an officer
not recognized by the laws of the United States
nor by the statutes of Florida as a certifying
officer, being the attorney general of the state
of Florida.
Second. He certifies that there is no pro-
vision of the law of Florida, whereby the result
of said returns can be certified to by the execu-
tive of said state, admitting by that certificate,
if it has any force at all, that bis action is with
out the law and without any sanction by 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 NUMBER two; certificate
of uncertityng persons in view of the law.
| state and national. That certificate was pre-
l septed and opened. There is a third certificate,
still more extraordinary, still more wanting in
elements of veri6cat!on, also demanding con-
sideration. 1t is entirely eT post facto. 1t is
certified by an officer not in existence until the
functions of office had been exhausted. A GER
tifcate which reciteS proceedings in tribunals
subordinate and superior to the judiciary of the
State, certificate which a canvassing board
might under some circumstances, report to the
State officers, but which has never been sent to
the Congress of the United States or to the
l president of the senate during the hundred
l years In which we have been republic The
proceedings in court recited in it are all subse-
guent to that time, which, by tha Constitution
and laws of the United States, is the time fixed
| for the performance of the judicial functions.
These two certificates are wanting in all the
| elements of the Constitution and legal validity,
which should give them place before this
commission in the condition in which the laws
| of the country now are, or in which the laws of
| the State were on the sixth day of December,
| when these functions were experienced. Fur.
thermore, if certificate number one is consti-
| tutonal and legal expression of the vote of
Florida, of course that question being settled
| by certificate number one, it alleviates all
| necessity for considering certificates numbers
| two and three, and ought perhaps to say to
| the honorable commission that it is fortunate
| they did not grant the request of the directors
to adjourn until tomorrow. The next mail
might have brought to you certificate number
| four, recitiDg a new proceeding and new action
before the courts, and no end would be found
| to the papers that might be presented in party
or personal interest as establishing retroactive
| right to exercising function in the State of
| Florida. shall now chiefly confine the argu-
| ment to certificate No. 1, because, if the objec-
| tons to that certificate are invalid and the
certificate itself is valid, that being recognized
dismissed all consideration of the other cerlifi-
Gates, and we shall ascertain what is the con-
stitutional and legal vote of Florida.
The objections to this certificate are substau-
| TALLY one, namely: There was a fraudulent
| return; that it was fraudulently issued, not by
reason OF anything which appears in the action
of the certification or presenting of the certif-
cate, but because of the action of other people
| and hence it is that we have heard, this morn
ing, chiefly, instead of constitutional and
legal presentation of the question, an argument
before this commission as a jury in a court
having original jurisdiction to determine the
law, to determine the fact to decide rights be-
tween parties, decide national rights. An
arguments. L say, that somebody, somewhere
has acted fraudulently, and that this return has
been vitiated. Il is not even within the scope
| OF my purpose to answer generally the argu-
| ment that took most of the time of the Director
who opened this case Mr.. Fieldl. must saw,
however, to this commission that instead, a.
suggested by the first objector [Field], that we
do not, on this side, agree with the views pre-.
| sented by him with respect to facts. For ex.
ample. when he refers to Baker county, moi
only dissent from his views Of the facts as OF
| record in that case. But say that if YOU go
into that question of Baker county, aud if tina,
fact which he alleged be true, to wit: That
SOMEBODY laughed on proposition to canvass
these votes, we shall naturally ask that you &C
into jackson county, where, under othe1
political domination, there were 274 votes
given for the other candidate, and that poll
we certainly claim was entirely vitated
| by that rejection should ask you to 90 into
another county, where you would find that a
railroad train full of passengers got off on their
| passage through the county and voted the
ticket supported by my friend who made the
allegation about fraud in Baker county.
| should ask you to go into other counties. where
you would find the poll vitiated BY the stuffin o
of ballot boxes. We further answer the alleg a.
| ton these things have not been denied by us bv
stating that we propose to show that there was
such case of fraud in the incipiency of that
sion, but the whole country by its presentation.
L united with my friends in condemning fraud
| wherever it exists. 1t should vtiate not onlv
the roll but the action of every humnu being
who participates in it. We are not here to de.
| fend fraud We are here however. to saw onlv
that the allegation made on the other Side is
not correct, but that the very next step in the
| examination of the question confropts YOU with
some of the grossest cases of the violation q f
| popular right that has ever beenheard of i'm the
history of this country. If we are to seek ont
| fraud, let US go to the bottom of it; let ms On
where that fraud is found in such degree and
| such force as to PROSTATE the very founda tion
of the popular sovereignty of this country. and
| to lead every patriot to consider whether
| the highest duty of legislators is not first to
put their guard whore fraud is essentially to be
feared, because it is further removed from the