The Ottawa free trader., 1877-02-10
THE NATIONAL RETURNING BOARD.

that the Congressional commi''io f
n, the presidential question were fuliy or
= ,anized and had met to take up the FLORIDA
question, which had been referred TO theip
q, assembling on Friday morning, Judge
Clifford stated that the case before them con-
r sisted of three certificates from Florida, ana
g the ouest,oo was, which should be received
|. Two on each side would be allowed to pres
Y ent objections Upon which David Dudley
Field made two hours speech against re-
ce;ying the Stearns certificate, and was fol
lowed in another speech by Mr.. Tucker on
the same side Mr.. Kasson replied, object
ing to the two other certificates, and was fol
Ilowed on the same side by Mr.. McCrary, at
the close of whose address the commission
| adjourned to Saturday.
! The objections having been thus stated on
| both sides, the first question on Saturday
morning was, whether any, aHd if any, what
evidence should be admitted on either side
to support the objections. The democratic
side, by Mr.. O'Connor, of course conended
for the admission of full evidence, first, as to
the manner in which the various electors had
cast their votes; I'd, the proceedings under
the writ of quo aoarrantO; Sd, as to the legal
ousting of Siearns; 4th, the ordering of a
new canvass; and 5th, the rejection by the
returning board of the vote of certain pre-
cincts and counties named. Mr.. EvartS made
long address in opposition to receiving any
such evidence; Mr.. Merrick replied Stanley
Matthews followed on the republican side,
and Judge Black replied. The commission
then adjourned until Monday. when Mr.
o. Connor and Mr.. Evarts were to make the
closing arguments.
On Monday the commission reassembled
at 1 o'clock, and Mr.. Evarts made his closing
argument in behalf of Hayes. The substance
of his argument was, that no matter how
shameful and fraudulent! their action, the
commission could not touch the decision of
the returning boaId, though 1t could 60 be-
hind the governors certificate. This last
was evidently put in as saving clause to
meet the Oregon case Mr.. O'Connors reply
was a mastery exposition of the Florida
fraud and thrilling depreciation that such
manifest rascality should be allowed to pre-.
vail in case involving such stupendous in.
terests.
Tuesday the commission sat with closed
doors, the members discussing the various
points presented among themselves, from IL
NJ. to p. NJ, without reaching conclusion.
On Wednesday this secret discussion was
renewed and kept up until o'clock, when
suddenly the doors were thrown open, and
the anxious crowd outside allowed to learn
what had happened. According to the in.
formation then impaired by the members, al
the conclusion of the discussion among them
selves a motion was made that testimony
should be admitted to prove that the return
ing board had corrruptly issued certificate
tc the Hayes electors when the face of the re-
turns showed that the Tilden electors we're
elected This was voted down by adj tho re
publican members voting no and the demo-
Gratis aye, Judge Bradley, the umpire, siding
with the republicans. Then Judge Miller
made the following motion:
Ordered, That no evidence will be received
or considered by the commission which was
not submitted to the joint convention of the
two houses by the president of the senate
with the different certificates.
Abbott moved to amend by adding: "Ex-
cept such as relates TO the eligibility of f. G.
Humphreys, one of the electors" The repub.
lcans voted against the amendment bu,
Bradley voted for it. and it was carried; and |
then the order as amended was adopted BY |
the republican vote, Bradley voting with
them.
AT first blush, this seems TO be a square de-
cision against the democrats, but on further |
consideration, it has not quite so bad a look.
1t certainly excludes all the evidence of fraud
in the count by the Florida returning board,
so laboriously collected by the congressional
committee; but as most of the evidence of
this fraud was included in the papers that &c.
the third return laid before the
two houses and referred to the commission,
about all the evidence the democrats depend
upon to make their case is in reality already |
before the commission, and must be by them |
considered IN deciding upon the quo narranto
case in the supreme court of Florida. by
which the Hayes electors are declared not
to have been lawfully chosen.
Mr.. Hewitt it is SAID, feels chiefly dlsap.
pointed over the decision because it tends
to show that the commission is a party and
rot Judicial organization. While it In
reality excluded no essential evidence in the
Florida case, it would In the Louisiana case
although in the latter the strong point TO be
made for Tilden is against the legal cons,i,u
tion of the returning board, and its right
even il legally constituted, to canvass the
electoral vote. Jere. Black sums up the case
icrsely by saying, Ave have the law
and the facts on our side, but the other
side have the court" Upon the whole, there
is no question but that the Democrats feel
yrpailv Iiecourauod m yia,, nr |