The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-06


not be compelled to give it. Many cir
cumstances may prevent his giving it
and he may have given 1t under CIR
cumstsnces OF plainly aagititous false
hood, without any election, and
we would have to sanction it. He may
have gwen his certificate to his four little
boys, and constituted them an electoral
college, and the vote which they gave
pursuant to his bidding, and by force of
his certificate, would become absolutely
conclusive and binding upon al sutbori-
ties OF the United States who had any
power to act in the premises. We claim
that you have right to investigate this
matter and to determine two things.
First, whether Hayes electoral vote is
valid. The final decision at which you
may arrive may reject either or may re.
ject both. They are not involved IN pre-
cisely the same question. Necessarily
| dihereut questions may possibly apply
and the vote for Hayes may be.pronounced
Invalid, and vote for Tilden equally So
/ have not the time 10 discuss more
fully the question as to the right OF set
ting up Tilden vote in case q Hayes
vote may be rejected. In the little time
left TO me l have hardly an opportunity
OF saying word in regard to that which
is the main reliance Of the other side, and
ths: is the doctrine OF the officer de facto
Wnat is that? The best definition Of an
officer de facto which / have fallen in
with is that given by Lord Peterborough
in the case OF the King against the cor.
porstion of Bedford, &C. East. 1861. "An
officer de facto, he says, sis one who has
the reputation of being the officer he
seems to be, and yet is not good officer
in point of law" Now what is the prop
osition here contended for-that these
officers, having acted under the color OF
right and having completely exercised
and performed the functions with which
they appear, it is said, TO be charged, and
with which if they were duly elected
they were charged, any subsequent at
tempt to set it aside would be contrary
10 convenience and mischlevous to So
clety Are the bank notes OF bank
not having authority to issue them, al.
though signed and perfect and finished
and put in the hands of al agent. valid
and etiectual, under this principle, until
some person has confded in them, and
has received them, and been thus misled
by the appearance Of right with which
the bank had improperly clothed itself.
Now, we maintain that neither the pub
lie good nor the protection OF men from
deception, nor any rule of convenience
or policy, requires the allowance OF Pres
in il
cation by competent authority, before
the votes have been opened and counted,
has been ascertalned 10 be groundless.
Referring TO the facts Of the
case, what do we find? These
four gentlemen sit down with fAhe
Governors certificates or sham sertif-
Gates from the Board of State Canvas
sers, and they of their own authority GER
titying their acts themselves, cast four
votes in grim determination and put
them in q packet and send IL to an ofii-
Ger who cannot look 1t it until the time
of its presentation for the purpose OF
being considered and counted. Before
that time arrived ut which that act OF
theirs could deceive anybody, could have
sny opposition, could take effect, could
get into such condition that Its preserya-
ton and maintenance were necessary for
the cause of public justice or private right.
their lack OF title was ascertained by
solemn writ OF quo icGrrGRto. and It was
determined that thew we're usurpersi that
they had no right 20 office, and that
their acts were VOID. Is there any such
principle Ms that the sr D0rts
partial action of an officer shall
be carried forward and go 10 It's perlcc.
ton by the acceptance OF An act ~ clear
and valid act after The invalidity # th I
officers claim has been established
Whether we repose on quo i0drranto
under your Honors allowance, or re-
pose on the proof which may be here
offered, admitted and passed upon by
your Honors for the purpose Of -howing
the utter invalidity OF those gentlemens
claim to the Office OF electors, or 10
whatever shape this matter is presented
or carried forward, the act OF thee
officers de tdct0 tails 10 have
reached that point where it can
have or take any effect, or
can deceive tr mIslesd anybody. 1t Is
shown and established by competent
means to be an act OF those who had no
authority 70 perform 1t. The IIlden
electors, who although they had not the
document and evidence 10 establish their
title, had actually been elected, If our
evidence ia 10 be believed. The con-
vened electoral college performed the
ceremonies which the Constitution and
laws OF the United States enjolned upon
them, and which 1t was possible 10 per.
form, falling only in this, that they did
not obtain the last certificate from
the Governor. They constituted
collegv, then voted, and sent tor
ward their votes. Thus you have two
rival bodies acting st, TO be sure, the
right time and IN the right place, and
prescribed by avs bearing on the
subject: two rival bodies, one OF which
WAS composed of persons rIg ghttuIly and
duly elected, and the other composed OF
persons who had no right, but only the
mere color Of pretence Of right; who
were usurpers, as has been ascertaihe',
in one form, and will d.
sscertsined in any other that
NAV be satisfactory 70 you, if you wall
psrmi. Us now. Thls - the sc:ual COZ.
dition OF this cAle. fhe constitution pre-
scribcs no form. save such As have been 4
complied with by the Tilten electors,
the isv OF Con gress prescribes no forms
which were not complied With By Tiiden
electors, save ard eIcep, only ths. they
could not obtain the Governors certi-
fcstes, and il is pretty mucn conceded,
| think, thst the Governors certifcat Is
no, absolutely indispensable, and may
b. gaipsaid and coDtrsdictet even If H
bad been given ana was iaLse, 90 that
in the case Of rivsiry BE-
tween these two pairs Il
electors, it appears 70 me that we present
the bes, legal title. That we have The
moral night, IL the common sentiment Of
AL rnark kind. 1t will be ihs judgment
OF pos,srity. As 20 VIA. s actually
here, the coure OF my argument has
tended TO establish, and has been intend
ed 20 establish, aud II it IA. any value