The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-15
rLoRIpS BEFORE THE COMMISSION.
A specimen Of BTr. David Dudley Fields
Argument.

IN his opening speech before the Elec-
toral Commission, Mr.. David Dudley
Field said:
There is 10 pTetence that the rte and
Lawful vote of the State of Florida was
mot given for the Tilden Electors, but
the sole p7ctsxt-ls that the truth cann0:
he moved rs against the certificate of
S,carns. That truth is rolled up and
concealed in that certificate, and Con.
press. whether acting in separate houses
or io;nt house, cannot consider my act
which is certified by Stearns. You may
asI; in the first place, upon what founda.
ton that as you arc told that you are to
take that certificate rs conclusive evi-
dcucc against feye!ything that could be
proyed on the other side? by what rule
of eyjdence-by what doctrine of Law
are YOU deprived of the right TO examine
into the truth? Is it not a universal rule
that every judge is invested er necessitate
with power to take all pertinent evidence
in respect to fa~-1 upon which his judg-
ment is to be pronounced, unless there be
some positive law declaring that certain
certificates or other documentary evil
dcncc shall be c0nclusive7 "SnoW me-"
said Mr.. Field, "the positive law which
makes the certificate Of Stearns evidenc.
op~ inst truth Where is it7" II is not
in the Constitution, that il certain, it is
not i'm the laws of the State Ci Florida,
that lis certain. Is it in any law Of Con-
rrcss? The only law I know of bearing
on it is the act of 1892, re-enacted in the
Revised Statutes, which states that the
Executive ot the State shall deliver to
the Electors n certificate that they are
Electors, but it does not state that it shall
be the truth. Suppose / offer to prove
that certificate is wholly false and fab
ricated for the purpose of cheating
Take one Of the oldest and proudest of
States of this Union, the State of Massa-
cbusetts,y of which my friend MI. Com
missioner Abbott is so worthya rcprescn-
tative. Suppose that the honored Gov
ernor of that State should become so
dcbased and fallen ms to certify that in
the recent election the Til.en and Hen
rcks Electors had received majority of
the votes of the people of Massachusetts,.
Does any nian meap to tell me that you
cannot prove that certificate to be falst'7
Where is the law to support such state
ment? Nay, more. If an act of Con-
gress had declared that that certificate
should be conclusive, that act would be
unconstitutional. and for this reason, the
Constitution declares or asserts that the
person hariny the highest number of
votes shall be President-not the person
declared to have the highest number of
votes. You cannot. therefore, munufac-
ture certificate to take from the person
actually having the highest number of
votes such rights as he is entitled to by
these votes, and if you were, by All net OF
Congress, to declare in the most positive
4 tIot IN
should be conclusive against all proof.
ic law. You cannot say that ti:e cer.ifi-
cate of the Governor of Massachusetts,
for example, should override the vutes OF
the Electors Of Massachusetts. You
could not do so if You would, and / am
sqseeous %oqld; Rot Tsyoh gould. The
langnsge of: the actsof Congress is not as
strong as the language of State law gen
orally az to the canvass of votes. Take
the case of Wisconsin, There IL law 81
the State had declared that the State cam
yassers should determine, certify, and
declare the result-should declare who
was Governor. A man got into the Office ct
Governor upon such certificate declar-
ing that he was elected A rival claim
ant brought up the case upon Il writ of
quo sgarraato. The first party had iii;
position and claims advocated by the
abicsi counsel of the Statc OF Wisconsin.
His argument was /: You cannot inquire
into the case, because the certificate OF
the State canvusscrs is conclusive mo"
says the Court, in an opinion which does
them immortal honor, and whicis will re-
main a living fnnnunant of the natriot-
ism of that Court and its infcxible de-
termination of purpose rs long as the re-
port shall last. 1.-THE title Of the Cover
nor depends upon the votes of the people
upon those little ballots placed in ballot.
boxes declaring the supreme will of the
people. 1t is not who shall be certified
by a board Of canvasscrs, but who have
been sotcd for by the people" The Court
declared that the claimant was entitled
to the Office, and it elected the usurping
uovernor. What is this commission tc
do? to declare whether any and wha'
votes are votes provided by the Consti.
tuition, not to declare what are those vote.
certified by Governor Stearnes. You are tt
certify what are the lawful votes upor
which President Of forty.five millions o
P-ole is to be declared elected and To bt
H. ,cted into oiicc. Is it not implied
OF the President of the United States il
Il
Can anybody doubt it, The ,Constitu
ton has dceiared that tho pcrsonihaJiiti
the highest number of votes, shall bt
4 resident not the person certified to. I
j has not invested any tribunal with excln
I sSePyYefy gYoanhtter how determines
nyahy preliminary; lauthodity, hefe still
remalnsthe right to cnact'a law givin.
'he right to the eXercisE cS,a writ of gu,
4 udrranto. No such law exists, am sor
4 iyto say, and; i'll might be- permitted
10 say SO, it ought to exist ough
j aot 70 say, perhaps, but must say it il
i uala.f tl!at it is no small reproach t.
4 craftsmanship that for one hundred year
4 no law has been. provided to meet tn,
4 emergency with which we are nov
brought face 70 face. know that on,
eminent member of this commission
senator Mortonl hns labnred assiduous
y end zealously to have such n Inv
q passed, and of all the titles to which h
.ap lay claim for respect, a..r sure tina
nas Will be remembered hereafter to hi
n .-'':.', anu after the struggles OF I'll,
passlng hour have closed, when the tim
sNaii come when men may look at hi
4 grave, they will NOT remember him b.
~, contest in which he was engaged, bu
7 talE;r that in the service of his corntr
" iaDnred, although hitherto unavailing
a !.u achieve beneficial result. Blu
81 @ne!her there be 81 law emitting to
"sH quo warranto or not in the cas-
resident, I,tbink~ all parties vii
agree that such q law would be consttu
r &c "Snai and If q law TO provide for n wri
~ quo warranto would be constitutional
~ .uen IL is constitutional fn. anv nthp