The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-03

1
thus tribunal In their stead to decide
II is simply this: Is there any power Il
the Constitution under which we live b
which a fraud can be prevented on III
presidency. He alluded to the quo war
ranto Of the State Of Florida and TO tn
decision Of the Supreme Court in tha
State. The decision Of the court, he ar
gued to be sustained by the authorities cit
Ing, among other high authorities on th,
extraordinary remedy, section 200, Th,
Returning Board he regarded Us merely
one step in authority, by which the pro
mulgations Of elections were made. ThI
final determinant authority-if he wer,
allowed to make word for the occasion
|-privided by the State OF Florida wa
the Supreme Court, therefore, unless th,
primary determinant authority, namely
the board, is conclusive, not only in il
action but also TO the extent Of its power
then we must regard the proceedings il
Florida upon the action Of these electorI
MS part Of that determinant power
which the State has provided against
fraud and illegality in the exercise Of the
elective functions, .-r 5.,.r.r,.....
After the recess Mr.. Kasson addressed
the commission. He said What Is the
case before us2 First, a certificate comes
10 Congress as required by the constitu.
tion and laws Of the United States, in
conformity to the statutes Of the State ol
Florida, certifying the electoral vote ol
one Of these States which my honorable
friend who last spoke (Tucker) was
pleased to call the sovereign States ol
this Union. That certificate Is first
opened and read. There IL second GER.
titicate opened in the joint meeting Of the
two houses Of Congress, on which the
persons signing the same precede their
certilication by certificate signed by an
officer not recognized by the laws OF the
United States, nor by the statutes Of
Florida, rs certifying officer, being the
Attorney.G General OF the State Of Florida.
Second-Hc certiiies that there is no
provision OF law OF the State Of Florida
whereby the result Of said returns can be
certified 10 the Executive OF said State,
admitting by that certificate, if it has
any force at all, that his action is without
law and without any sanction by the
statutes OF the State.
Third-The electors certify to their
.own action and TO their own qualiica.
tions, and they themselves notified the
Governor ottheir election. That is Ger.
tilicate No. 9, certificate OF uncertiiying
persons. In view Of the law, State and
national, that certificate was presented
and opsned there, and is the third certIii.
cate still more extraordinary or still
more wanting in elements Of verify
cation. 1t is entirely 1 post
taeto. 1t is certified by an officer not in
existence antil the functions OF the office
had been exhausted certificate which
recites proceedings in tribunals subordi.
nate and superior to the judiciary Of the
State; certificate which Canvassing
Board might under the same circum.
stances report to tile State officers, but
which has never been sent to the Congress
of the United States or to the President
Of the Senate during the hundred years
in which we have been a republic. The
proceedings in court recited in it was
subsequent TO that time, which by the
Constitution and laws Of the United
States ia the time fixed for the Performance
of the judicial functions. These two
certificates are wanting in all the
elements OF Constitutional and
legal validity which should give
them place before this commission, on
condition in which the laws OF the coun-
try now, or which the laws OF the State
were on the 9th day OF December, when
these functions were exercised. Further.
more, if certificate No. l is Constitutions
al and the legal expression OF the vote Of
Florida, Of course that question being
settled in favor OF certificate No. !, il al.
eniates all necessity for considering Ger.
tiicates No. . and No. 3, and / ought, per.
haps, TO say to the honorable Commits.
sioner that it is fortunate they did not
grant the request Of the objectors to ad-
journ until tomorrow, for the next mail
might have brought certificate No.
4, reciting the new proceedings 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
ofexercising function in the State of
Florida. The objection to the first Ger.
tificate are substantially one, viz: There
was a fraudulent return, that it was
fraudulently issued, not by reason OF
anything which appears in the action Of
the certitication or the presenting Of the
certificate, but because OF the action OF
other people. Kasson here referred to
the frauds in Jackson, where he said the
Republican vote was rejected, and spoke
OF the case where the railroad train pas
sengers got off and voted the Democratic
ticket, and said l do not believe that this
Commission. by the constitution or law,
was ever intended or has the power to
go to the extent, that would be required
to probe these mutual allegations on
both sides.to the bottom. stl z
Mr.. Kasson argued at great length
against the power Of the commission to
go behind the returns, and said: Are
you to. revise the proceedings of all the
State elections and State tribunals ap.
pointed by the State laws, or are you to
count what is properly certified and pre-.
sented TO you. II 1t be otherwise let the
Constitution be amended, and let it be
declared by this tribunal 10 be amended
so that it shall read: each State shall
appoint in such manner as the Legisla-
ture thereof may direct; number OF
electors, subject TO revision by
the Congress OF the United States, which
shall have power TO determine whether
Onoh n1anlOrs have ,1arfonraoJ 4hn;. f,,x,,