New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-05
A REVIEW OF TIE SITUATION.
ARGUMENTS OF THE LAWYERS.
CHARLES o'CONoR's PONTs-sTANLEY MATTHEW
MAKES AN ABLE SPEECH.

CHARLES OCONORs POINTS-srANLEY MATTHEWS
MAKES AN ABLE SPEECH.
by TELEGRAPH TO TIE TRIBUNE.l
WASHINGTON, Feb. 4-The Electoral Commission
began yesterday the consideration of one of the
most important questions which will be presented
to them during their entire session. suspending for
time the consideration of the facts and the law in
the Florida case, they branched off on nterlocu-
tory questions of its jurisdiction, its power to
slider evidence of any kind except that presented to
the two houses by the President of the Senate, and
the extent to which such evidence should be adj
mitted if received at all.
At the opening of Its session Judge Clifford
nOunced to the counsel Directing to the Hayes
tihcate that opportunity then presented for
them 10 offer evidence, and for the other side to OBJ
ject to its reception. Charles O'Conor abandoned
the absurd position taken by Mr. Field in his argI-
ment of Friday that il was the duty of the Commits
sion to inquire touching the proceedings Of the local
canvassing officers in Baker County and elsewhere
in the State and he suggested that all the evidence
necessary to be considered Eight be classed under
six heads follows First the documents showing
that two sets of electors met and east their
votes on the 9th of December, 1876, and that
all the forms OF law and Constitution were com
Piled WITH except that the certified lists in one case
were signed by the Governor of the State, and in the
other by the Secretary of the State no evidence
cept the official papers would be offered on this
point. Second, the papers showing that a writ of
quO trarrdntO had been served upon the Hayes cleo
tors before they cast their votes and determined
Jan. % additional proof on this point would be
necessary unless it be desired by the Tlden
electors 10 prove the service Of this writ before the
vote was cast by the Hayes electors 10 show that
an appeal had been taken from the Circuit Court.
Third, proof By the Democrats to show the common
law OF Florida and the Interpretation of the stat
utcs touching the subject of Presidential elections
the counsel for the Democrats wish to prove the
mandamus against Gov. Stearns and it, results.
Fourth the records to show the legislation OF Florida
subsequent to December 1876. authorizing and
directing a recanvass of the votes, and the
performance of this in conformity with
the Constitution and laws, except az TO
time. Fifth, proof by the Democrats
10 show that the Board OF State Canvasers rejected
the entire returns from one county and part OF the
returns from three others. acting without Jursdlc-
ton; the only evidence necessary to be introduced
10 prove this 70 consist Of the and returns
the Democrats also desire to show that Humphreys,
one Of the Hayes electors was a United states officer,
and therefore ineligible at the time Of his election.
As 10 the sixth class, Mr.. O'COnor said he supposed
that the Republicans would only desire to introduce
evidence as to the appeal taken from the decision OF
the Circuit Court of the state OF FLORIDA and Is 10
the resignation Of Humphreys.
Mr. Evarts on the part Of the Republicans, objected
10 evidence of this kind being introduced After
some colloquy between the counsel and members Of
the Commission il was voted by the latter 70 allow
each side three hours TO the questions OF JuIls
Lction and Of the reception Of testimony. ms ar
rulnent was opened in the afternoon by Mr. Merrlck
for the Democrats, who was followed By Judge Jer-
emiah Black and by Stanley Matthews ana L. W.
Stourhton for the Republicans. Mr. Evarts and
Charles OConor viii complete the argument tO-lhor-
row. On the decision Of these questions the Whole
controversy may be determined. II II Is decided
,bat tbe Commission can take cognizance only of
such papers as were laid before both houses OF Con-
pres, by the Yice-Presdent, then Florida and Lou
.iano must both be counted for Hayes. If it is de-
cided that the Commission can 90 behind those pa
ners and inonire as to the authority by which they
were sent to Washington then the final result OF the
Presidential election will depend on the legality OF
the action of the returning boards.
OF the speeches made yesterday that OF Stanley
Matthews wa, by far the abb ST and most effective
Mr. Ncrrick stared the case for the Democrats Win
considerable point. but Judge Black simply INDUCED
in a stump speech which might have had effect Win
an ignorant Jury but certainly will not help the
Democratic cas-, with the learned Electoral Commas
sion. Stanley Matthew's speech was not snowy
one but consisted Of clear, direct, aAd Wonderfully
rrcib presentation of the Law and the facts IN the
case. The effect If il has been 70 encourage the
Repubhcans greatly and they have been very hope
ful ever since the adjournment of the session last
uirbt. Mr.. Matthew'S, speech Is undoubtedly tie
strongest and probably the most effective Of any yet
made before the Commission
After the Commission listen tomorrow - the IT,
naming arguments on their powers and the evil
dence which they ought to admit, they VIII go INTO
what might be called executive session. There Is
M ruIe limiting the discussion that may take place
in secret session between members of the Comnis-
sion but as the speeches will not be reported ana
u,iu NOT therefore be made for the public II
j. believed. that they will be very bret. IL
- supposed that a decision viii be reached Is
~ Florida by Wednesday or thursday next.
rlir decision a. u which vote j. to be counted Will
I scaled ND and delivered to the President OF the
senate and when that officer receives 1t he VIII re-
convene the Joint Convention, open and announce
te verdict. and the count will then proceed. ii Is
Thought the count can proceed far as to Louisiana
and the Commission can get TO work this week on
that STATE The Louisiana case II Is easy 10 see VIII
he very much ,impifed by the rulings OF the com
mission on the preliminary questions IN the fIorida
case
TOT1SIANA TESTIMONY.