The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-04

This doctrine had been applied over and over
oheT nss N Il wo be Ss Te percy to a a
surd TO say that where question about
thc title Of horse was in controversy before a
the title void for fraud was TO be applied SO as
to save the horse to the honest owner of it, and
the rights Of whole nation were being strug-
gied ior: False returns had been made many
and false election officers had made false re-,
|$s $$s% .SsxaSs. az SSs' 3Ss lS y S$rS$
ought y DO held successful merely because it
was put into the form of a law. That had never
Of which was the famous New Jersey case, and
the other caso which, occurred in Pennsyl-
| ernor of Pennsylvania by about a. 900 majority
hnd m MS election % was q,6empHd to be set aside
Bco nS % that afy Il ybaa Sq m ma &
famous " buckshot war" The parties opposed
to MIR. Porter had intended to carry out their
| scheme ut tho expense of covering the whole
Commonwealth with blood and ashes and they
| would have done it, only that they could not get
Gen. Patterson and his men 10 fire upon the
Mr.. Blacks time having expired. he resumed
ms sGs, ana Mr ,Msrrick Ir preseN,eI o @ to tho
which he said was clear. full and able discus
sion Of the question now before tho commission.
Mr. Black again arose TO supply an omission
that he had made. which was to state that
evidence, would be prrsent,d TO show tho
account of his being Il United States officer ut
the limo of his election
STANLEY MATruEws's ARGUMENT
=, Mr., Stanley. Matthews then presented the
| Republican side Of the case He said:
Mn PRfsipsNrANp GESrIEptN TN CovNssioN: Allow
me- to state IN very general term AMI yet precisely
By Which and through Which We lad cnr.citcs ani
hope 10 lead YOU 70 he conclusion for which We contend
seneiiycs OF the Confessional juri~iieton nay
sI What Is IS h sub St Ins e i sS
eoN s Of and rs sS Wee m ID @a Of I nes
States In what does that consisti Ills not single act
not popular election either according to The sgrtof
f he he Sl IT; whss s1p ssf a II
or ,ns practice sndsr Il c,,l,so Th,rs g., s.l,Si
tonal body who are % make that eleeuen and need
az aseoa % as @ vel % as an eiSsucn @ l ii, aossI6e IN my
judene Mt mistake 10 suppose that the electoral bodies
g S he viii S Hsy y'HSe o on
authority in he Of right Vote upon The day
% gT the w9s & & y .ee IT Csh & to
Mr. Matthews then went on 10 show that each
| State has the right 10 prescribe the mode in
they may bc chosen by the Legislature. APP
| pointed by the Governor. or elected by the pco-
! pile; how arrangements are made for counting
| the vote by Returning Boards &c. and for the
issuance OF the certificates 10y ythe Governor. He
srd:
rP to Ast point the state pcic corsre.s hal under
@ ., ,s M w., nv ~, ri. E ,air r M at rit,
d, ,sna,c The day Oh which the appointment should be
should eposli @ ilSir ballot, Tor President and yee yPS Pp
toaIn,it And tins wieh mi nj h cl,a"1
on on S Other 'ds q, TO- ,ns sS,enfe o Siaie authority
The ,iec completed their work D., casting their
conirol aud became Federal ac Oh, oi tlo-c inss
wi,h pas.d to The jurisdiction o. Federal power The
maion, aud the nation took charge Of II, oaotboSes
under The Jowcr conferred BY the constitution upon any
power over The subject when the person appointed or
MhS appears 70 have been spPoined eeeor, having
sSsrsssd the n s"ho5H sg9eTTsd upon him under the
casting u. vote the t1ansaSuon passed ond The con
Sc1S he not wheS at oi sesor Ssain IN
appears SssSa m ,hs h S PIs e Votes votes made n whss 6
IL Ssis i :ssoy q Ss s..s sSsSi:S
vim that iaiy has heconle clothed b, s forms OF law
s q & feg'eT. % Sn1 9s ar an s9g",sn, ng 5gS! s ana
o thc nng don, aud ranci,e Az once AMI who acu
Of ihis ibunal a.. Lawful body 10 cast the icte and
| their votes must be counted.
Mr.. Matthews admitted ihata mere certifying
| I was not conc c.usivc Congr s.. which pro-
| vidcd 1t. and made il part OF the transaction,
may disregard IL; they noed not tie themselves
certificate. 70 what we're they limited 10y tho ne
ccssity of the casef In his judgment they
wre yr limited to AN inquiry be as GoyorNr 70 wha'
in his certihcate. should have CERTIFIED.
mont and iindng OF the Anal authority OF the
state, ~ decided 10y the elortion, those whom he
Tns 10 law, been appointed, lhc lh't that u sun
! S'Quent Governor came IN, Und that a court
| rendered "A iud.smnnt up,u his status
| c,uld not chnnrs tha ia fnrto stains ~
go, s,..,r,s m, -, ,,.,r,,,,,, ,,r',,,,l ~,
N"h ~, ~ ii'' val , ,nit.p " a. X y
''uli mol u" Hii'Eru l- hSulhHl lle lt' u
/ rr'lted III Gov. St'Nrns > certificate. because
facts nrr not matters of legal construction.
! They exist Of Themselves The fact H. un-
tn1. .,1 ,,,,',u.'.tt ,.1 49, a. =, ,.,rns
", "ia Nin; vi & ~ Il e'''' ~ az, q ~, -
ny ne tl' i,l'ht'l was IN" hr lh'lo uoN'rhor
oi Florida. The rruiprs IN that quo Wdrrnnto
| case appeared clearly hy the record not 10 have
leon in 'pos-ossio on al the timo. and their claim
~ riyIt l., nr,iu, the ofIinr did mol niiaei thr
ta,us ~ ~ s,.arns Nor tho i,,,ni amd
| constitutional iorec oi MS acton.
Mn sTorauroN's Annprss
- '
Mr.. StoughtOn succeeded Mr.. Matthews, ana
| opened tho case for the Kcuublicans, He said :
| r a, -, ,.,,,,,.' d, - - - -,
ir lNNH' MNl'n w, N.nuliA nas .'Nrh W. =" a,su
n uhu.I e''i' ~ J. '.'i hNN' n'h u ats " ''sl
Hl.n 'hn u N'N,I li N.., ."'' Vl Nla 'i' hl'
IhhN ny, "nin WY A., @ " w i,si &
uht ul ia, 's anu ,lNl', lll 'uV nc VI wy w
n"u.s ~ h' " lns' ~ s''ln' y" w, nlhl, ~
| W. h,A' Nha, - He lut "i.uuh q. thls NtnuuN, anu
Nhai sIS ~, loM,Isi P9h ~ !, & usr ro.NeS , nN & &,S
i,,a',In M ~ % M 4 a. n; \ 70 20 v'I.' IN,
by the two iiousc- o Congress acting SEPARATELY or To-.
gothor The jurisdiction A. conferred sthorcmg an un-
known quanhiy, unnl II sheh be- a'eefa!net wiai arc
t"e H' Wv - ~ IN, y ~,
/