The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-06

6rS """ iisHtIy uelermlne on the proofs
Of the question Of their delinquency and
the falsity Of their claim. The objection
you perceive, applies lsmuCh to ordinary
writs ot quo warranto in regard TO ordi.
nary officers aS il does to this inquiry
II II should take place before Congress
for no court or set Of courts could ever
conduct within the COMPASS of any hu.
man lifetime the investigation which
might be necessary in determining the
claim OF n single officer. Therefore this
ar9ameniHm ad iHconreaicaiiam is MS false
: 70 me general procedure Of courts OF
justice IN actions Of quo warranto
us 1t Is TO the proceeding that il
mere suggested. Now in regard TO the
legal question presented, IA 10 what
power each House Of Congress had nnder
existing laws; what powers, conseoncntly
this Commission can exercise, we say as
the learned manager from the House
stated in opening this case that there il
no technical legal limit or barrier TO It,
but that you EXERCISE the same power OF
the government that has always been cxcr.
elsed in such questions even in thciCourts
oil the common law, to which application
ls made to obtain writ OF quo warranto,
You exercise the same discretion and you
can limit the inquiry when the point
arises within those limits that are pre-.
sGribed hy necessity and convenience
This IL our view stated as fully as
II in my power to state ii in the brief
time ! am permitted to occupy the at.
tontion Of your honors. We say that
there is no limit to the power Of invesli.
CATION for the purpose OF reaching the
ends oi Justice except such u decision for
public convenience, and the interests Of
public Justice and society at large may
impose. the exercise Of that discretionary
authority. We are told here that we
stand in the second century Of this Re.
publics existence In such condition
that there is no possible remedy against
the most palpable fraud and forgery that
can be perpetrated, or against any out
rageous acts in violation OF the rights
OF the people Of the respective States Of
the whole Union. We are told
that there is no remedy that
Congress must sit by blindIy and silently
and permit IN alien to be counted into
office as President Of the United States,
must sit by and permit q set Of votes
plainly and palpably fraudulent, given
by individuals, not only disqualified for
want oil having been chosen by the citi-
xens, but being themselves absolutely
disqualified by the constitution from
acting in office or ironf casting a vote
to be counted, and must permit usur-
patton contemplated TO take the place,
merely because our wise fathers, one
would think that the compliment was
intended as 4 sarcasm, had so chosen to
constitute the Government which
they created, that injustice, how
ever nagrant, might be done in
open day without the possibility OF
having any remedy or even uttering de.
corously complaint. This, we humbly
submit, cannot be the Constitution, and
the law OF reason forbids it. All acts,
however solemn, however sacred, from
whatever quarter coming and by what
ever body perpetuated, are liable to re.
view in some manner, in some judicial or
other tribunal, 80 that fraud and false
hood may shrink abashed and defeated,
and may fail in an attempt to trample on
the right. ltseems TO be virtually con.
ceded here that the Governor i certificate
is not conclusive. ! have not time TO say
much aboHt that. 1t is not required
by the Constitution. It's only required by
an act OF Congress. The Governor cannot
be compelled TO give it. Many circum.
stances may prevent his giving it, and he
may have given it under circumstances
OF plainly ilagitious falsehood, without
any election being had to sanction il. He
may have given his certificate to his four
little boys and constituted them an cleo.
toral college, and the vote which they
gave IN pursuance TO his bidding, and by
the force Of his certificate, would become
absolutely conclusive and binding on all
the authorities Of the United States who
had any power TO act in the premises.
We claim that you have the right to in.
vestigate this matter, and to determine
two things: First, whether the Hayes
electoral vote Of Florida is valid. The
final decision at which you may arrive
may reject either or may reject both.
They are not involved precisely in the
same question necessarily. A different
question may possibly apply, and a vote
for Hayes may be pronounced invalid and
a vote for Tilden equalIyso. have not
time to discuss more fully the question
Us to the right OF setting the TiIden vote
in case the Hayes vote may be rejected.
In the little time left to me | have hard.
ly an opportunity OF saying word
in regard 10 that which il the main re-
lance OF the other side, and that is the
doctrine Of the officer de factO. What 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 vs. Bedford, (ScveI
c.) east 3GS, an officer de facto. He SAYS
he is one who has the reputation Of being
the officer he seems to be and vet he is
not a good officer in his point Of law.
Now what is the proposition here con.
tended for, that these officers, having
acted under the color Of right and hay.
ing completely exercised and perfected
the function with which they appear, ana
are said to be charged and with which ifI
they were duly elected, they were charged
with, any subsequent attempt to Fet it
aside would be contrary 10 convenience
and mischeivOus TO society. Are the
bank notes Of bank, not having
the authority to issue them, although |
signed, and perfect and finished and
put in the hands of an agent valid
and efectual under this principle until
some person has coniided in them and has
received them and been thus misled by |
the appearance Of right with which a |
bank had improperly clothed itself. Now
we maintain that neither the public good
nor the protection Of men from deception
nor any rule OF convenience or policy
requires allowance Of pretended electors
whose title on investigation by compe.
tent authority before the votes had been
opened and counted has been ascer.
tained to be groundless. Referring
to the facts Of the case, what do
We find? These four gentlemen sit
down with false Governors certificates,
or sham certificates from the Board Of
State Canvassers, and they, OF their own
authority, certifying their acts them.
selves, east four votes in given direction,
put them in their pockets and send them
TO an officer who cannot look at them I'm.
til the time Of their presentation, for the
purpose OF being considered and correct
cd RafoFc hnt iino arrival ony onun