The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-04


morrow. The next mail might have
brought to you certificate number four,
reciting new proceedings and new ac-
ton 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 to exercising function in
the state OF Florida, The objections
to the first certificate are substantially
one, namely, there was fraudulent re-
turn; that it was iraudulently issued not
by reason of anything which appears il
the action of certiiication or presenting
OF the certificate, but because Of the action
of other people.
MIR. kasson here referred to the frauds
in Jackson, where he said the Republi-
can vote was rejected. and spoke Of the
case where railroad train passengers got
of and voted the Democrotic ticket. and
said: don't believe that this commission
by the constitution or law was ever in
tended or has the power to go to the
extent that would be required TO probe
these mutual allegations on both sides to
the bottom.
| Mr.. kasson argued at great length
against the power of the commission to
60 behind the returns, and said: Are
you to revise the proceedings Of all the
state elections and state tribunals APP
pointed by the state laws or are You to
count what Is properly certified il pre-.
sented to you: If it be otherwise let the
constitution be amended, and let it be
declared by this tribunal to be amended,
so that it shall be read: Each state
shall appoint in such manner as the legis-
lature thereof may direct, number OF
| electorals, subject to a revision by the
congress ofthe United States, which shall
have power to determine whether such
electors have performed their functions
to the satisfaction of said congress-
We are brought inevitably 10 an
amendment to the constitution
which sought TO preserve abso-
lutely the right of the states. which
required every ballot in the presi.
Dental election to be cast on the same
day, that they might be freed from cen.
tralized influence. Every member of the
commission knows the history of the
adoption of this clause, and yet W. are
brought, | say, perpetuaHy to the ques-
ton, shall we now go on and complete
the absorption of the absolute indepen-
dent right Of the states to appoiut the
electors in their own way, and say that
it is subject to the two houses of congress
whether they have done or shall do what
is necessary? Gentlemen ask, Are we
then to take the certificate of the governor
against the truth? Is there reason on
the other hand why it should not be
asked. Are we to take the certificate Of
fifteen gentlemen against the truth Mr..
kasson continued: Mr.. Field proposed
in his argument to show the jugglery
by which the Hayes electors
got their certificates. May | ask
this tribunal, if there is a pytD,a facie pre-
sumption for or against fraud, whether it
exists against those officers elected before
the fraud could have been contemplated,
against board that acted at the time re-
Quircd by the state law, against board
that acted at the time by congressional
law, against board that acted in ignO-
rance of the result OF other states, or does
| that presumption OF fraud exist against
men who knew the importance OF a
change of result ia Florida against men
who acted with knowledge OF the ne-
cessity of the action they took to accom-
plish their result against men who were
organized as new tribunal and enacted
new law to accomplish that result. II
there be fraud, if there be conspiracy, as
alleged, where Gees the presumption of
law under those circumstances place it.
Inevitably it places 1t where the motive
of act, the knowledge requisite to give
the motion, effect and pupose to be ac-
complished, were before all eyes
of the persons participated In it. Fraud
can't be SO presumed against parties that
act in conformity with law and the dis.
charge OF duty at the time required by
law, and in the manner required by law,
as it can be presumed against those who
do it outside Of the provisions of law,
and with full knowledge of the effect
which would be produced by it. II You
have right to say that another set Of
votes must be counted in Florida you
have right to say another set OF votes |
must be counted in New York. If you
take jurisdiction to determine there were
ninety votes, which constitutes one of
the alleged majorities in Florida, and to
upset the electoral college that might ex-
ist there, you might 60 to my state and
assert that the 10000 majority there
should be upset.
MIR. McCrary followed, reviewing the
quo warrantO case already referred to,
and reciting many authorities in connec-
ton Herewith.
REGARDING EVIDENCE.
The presiding justice enquired whether |
counsel proposed to offer evidence before |
proceeding to argument.
1t was replied on behalf of MIR. O'Con.
nor that he expected to offer an answer.
Justice Miller suggested that counsel |
might make brief speech of what they |