, 1877-02-04

Government, with the exception that the Hayes
Electors were certified by the Governor and the
ltldcu Electors by the Attorney General. Sec
ond, the proceedings under the writs OF quo
warranto. Third, to show the COMMON law Of
Florida and the construction OF the statutes OF
that State, as shown in the oustins If Stcarns.
Fourth, the Legislature OF Florida, since Dec. L,
ordered new canvass. Fifth, that the Hayes
Electors rejected certain returns from counties
named. and that Humphreys was an officer
under the United States.
DIDN'T UNDERSTAND.
Judge Black was about to argue in support Of
the admissibility OF the evidence, when Justice
Clifford reminded him that unless the other side
objected there was no occasion, aud suggested
that he yield to Mr.. EYarts, to prevent mis-
understanding.
Judge Black said there was d misundeFstand-
ing now. He did not understand tile case.
Slr. Eyarts then began to address the COM
mission, but was soon stopped, on the ground
that be was arguing on the admissibllity Of svi-
dencc before it WIS offered.
Another discussion as to the mode OF pro-
ccdure took place.
FURTHER DISCUSSION.
Mr.. Erarts then spoke in opposition to the In
PRODUCTION OF evidence, mainly on the ground
that II admitted it would be necessary to go to
the fundamental facts in the election >
Judge Black argued that most of the evidence
was already before the Commission, through the
reports Of the Congressional Committees, which
arc now part Of the record in the case. It
would be the greatest injustice to require the
evidence to be taken up piecemeal and subject
ed to objections in DETAIL
Justice Miller submitted motion that coun-
sci on either side be allowed two hours to dis
cuss the question raised by Mr. Eyarts as 10
whether any other matter shall be considered
other than what was laid before the two Houses
BY the President.
Mr.. Sherman thought the scope should be en-
largcd; else, If the Commission should decide
to admit evidence.
THERE WOULD BE 40 ADVANCE.
Hc proposed that the discussion should include
what evidence might be admitted, and also
what evidence was now before tho Commission.
Judge Miller modified his motion as sug
gcsted, and it was adopted at the request Of
Mr.. Eyarts.
An additional hour was given to either side in
gumcnt.
The Commission took recess.
ARRANGED.
On reassemDling, it was arranged that one
counsel Of each side should be heard to-day,
aud one on each side Monday. 1t was further
agreed that three counsel OF each side would be
heard, but not to extend the time. It WAS an-
nounccd that Judge Black would make some
general remarks, and Mr.. Mcrrick would make
the regular opening, Mr.. O'Conor mating re-
Div to the other SIDE ut the close Of the debate
on Monday.
made the opening address as to the question Of
the power Of the Commission as to the regular
ity Of evidence now before The Commission: ne
thought there could be no question that the tcs-
tim ony was now before the Commission, what
ever might he the decision as to its adulissbilf-
ty. He opposed the proposition that the dntfes
Of the Commission we're purely ministerial: and
that they could not look behind the certificates.
# this doctrine prevailed, even Gov. Stearns,
though hc come iii sackcloth md in pcnitential
sorrow, and asked to correct mistake, could
not undo wrong in that paper. In the clause OF
the Constitution that The votes should
was not ts counted" as claimed BY counsel yes
tcrday, but t'votes," that was the controlling
word, and that before counting them it must
first be determined what we're the true votes,
and this duty Of inquiry rested on Congress
without limitation. ANY legitimate evidence
poinr to determine what were the lcgaland true
votes, hc submitted, was competent to this
tribunal.
JUDGE, BLACK.
followed on the Democratic side, and Stanley
E. W.
1can side. each occupying about three quarters
nf m hour.
- The h - Cnmm;ssfon adjourned until II O'Clock
Monday. When William II. Eyarts and Charles
O,Conor viii close the argument on the pending
question.
The following are the points in the arguments
Nr. Matthews said: II take the first oppor-
tunity to correct serious misapprehcnnsion on
A1,o r>f fbn n
acted rs counsel in the opening Of this question
in regard to the position which they sesin g to as
5o ar4o 4hc cnnclnsive effect which they supposc
attribute 70 the certificates Of the Govsinos s5n
o. o. se;soa asaaS as har;n% hen dny annointcd
Electors Fl M % for that State. am authorized to say
by gentlemen who NE objcctors to the second
tno ts an a'1n Incorrect T representation Of their
n POSITION. 1 nav also take this immediate op-
ppoTtmnitv far relieving the apprehension of my
verv leafnel friend, Judge Black, who spoke SO
wcil in regard to the possible effect OF excluding
ovrii;ts ~ cr,1ence from the iudrncut IF this