The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-07

solves itself simply into common, every
DAY argument OF the inconvenient. Those
who would seek to grasp and hold office
by illegal, irregular, unlawful, fraudulent
means claim that It would be inconven-
lent TO take SO much trouble as might be
| necessary in order to investigate and
rightly determine on proofs the question
OF their delinquency and talsity OF their
claim. The objection, you perceive, APP
plies as much to ordinary writs OF quo
ioa'vanto In regard to ordinary officers as
1t does to this inquiry If 1t should take
place before congress, for no court or SET
OF courts could ever conduct within the
compass of any human lifetime the III
| vestigation which might be necessary in
determining the claim of a single officer.
Therefore this drgun,entun ad i,conrenlen-
tam is as fatal to the general procedure
OF courts of justice in actions OF
| quo ,cdrYanto as it Is 10
the proceeding here suggested.
Now, in regard to the legal question
| as to what power each house Of congress
had under the existing laws and what
powers consequently this commission can
exercise, we say as the learned manager
| tor the house in opening this case, that
there is no technical legal limit or bar
| rier to it, but that you exercise the SUI
preme high power OF the government
that has always been exercised In such
| questions, even in the courts of the com.
mon law, to which application is made
to obtain the writ OF quo aca1Tdnto. Y on
exercise the same discretion and you can
limit the inquiry when the point arises
within those limits that are prescribed
by. necessity and convenience.
| This is our view stated as
| full ia i'm 70 OF In,
| the brief time am permitted to occupy
| the attention OF your honors. We say
that there is no limit to the power OF in
| vestigation for the purpose OF reaching
| the ends OF justice, except such as a due
regard for public convenience and the in
terests OF public justice and of society at
large may impose in the exercise of that
discretionary authority. We are told
that here we stand in the second century
of this republics existence in such con-
dition that there is no possibl, remedy
against the most palpable frauds and for
gerry that can be perpetrated, or against
any outrageous acts in violation
of the rights of the people
Of the respective states and OF
the whole Union. We are told
that there is no remedy, that con-
gress must sit by blindly and silently and
permit an alien to be counted into office
as president of the United States must sit
by and permit set of votes plainly and
palpably fraudulent, given by individuals
not only disqualified for want of having
been chosen by the citizens, but being
themselves absolutely disqualified by the
constitution from acting In office, or from
casting the vote, to be counted, and must
permit the usurpation contemplated to
take place, merely because our wise
fathers-one would think that compli-
ment was intended as sarcasm-had' so
chosen to constitute the government
which they created that injustice, how
ever, flagitiOus, might be perpetrated
in open day without the possibility
OF having any remedy, or even
attiring decorously complaint. This
we humbly submit cannot be the constl.
tuition and the law. Reason forbids it !:
all acts, however solemn, however sa.
cred, from whatever quarter coming, by
whatever body perpetrated, are liable to
| review in some manner, in some judici al
or other tribunal, 10 that fraud and
falsehood may shrink abashed and de-
feated, and may fail in the attempt to
| .rample on the right. 1t seems to be
virtually conceded here that the COVER
nOr's certificate is not conclusive.
have not time to say much about that.
1t is not required by the constitution, it
is only required by an act Of congress.
The governor cannot be compelled to
give 1t. Many circumstances may pre-
vent his giving 1t, and he may nave
given II under circumstances of plainly
flagitious falsehood.
Whether we repose on the quo aoa,'-
ranto under your hOnor's allowance or re-
pose on proof which may be here offered,
admitted and passed upon by your honor,
for the purpose OF showing the utter In
validity of those gentlenen's claim TO the
office of electors, or in whatever shape
this matter Is presented or carried for.
ward, the act of these officers de facto
fails to have reached the point where il
can. have or take any effect or can de-
ceive or mislsad any body, and it is shown
and established by competent means to
be an act of those who had no authority
to perform it. The Tilden electors, who,
although they had no documentary evi.
dence to establish their title,
had actually been elected, il our
evidence is to be believed, con-
vened their electoral college, performed
their ceremonies which the constitution
and laws OF the United States enioined
upon them and which it was possible to
perform, falling only in this that they did
not obtain the certificate of the governor
that they constituted a college.
The constitution prescribes no form
save such as has been complied with by
the Tilden electors. The law Of congress
prescribes no forms which were not COM
piled with by the Tilden electors, save
and except only that they could not OBJ
tain the governors certificate, and it is
pretty much conceded, think, that the
governors certificate is not alb
solutely indispensable, and may
be gainsayed and cOntradicted
even ii it had been giveni
and was false, so that in this case o
rivalry between these two sets OF electors
1t appears to me that we present the best
legal title. That We have the moral right
is the common sentiment OF all mankind,
1t will be the judgment of posterity as to
what the course Of my argument has
tended TO establish, and, il it has any
value, has established that each house Of
congress had jurisdiction Of the matter,
each of them at least OF one section of it,
and therefore all evidence which accord
ing to the customs and usages of legisla-
tive bodies, either house has taken and
has on its files will consent to send In
here-has sent In herc-is already evil
dence, In the case so filed to be here to be
read, and becomes within the range OF
subjects and matters Of facts which your
honors allow us to investigate.
After some citation Of law points by
counsel on both sides the presiding JUS
uce announced that the commission
would now. at half-past two, take q re-
cess for thres-quarters OF an hour and
that no other matters would be taken up
To-day in public session.
/ mia ctA a