New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-05
speak in her behalf Ia not that competent evidence W
90 before the houses of COngressi
MR.. BLACKS SPEECH.
THE REPUBLICAN, RETURNS FALSE.

MIX. BLACkS
THE REPUBLICAN RETURNS FALSE
Mr.. jeremiah S. Black followed, also in ad-
vocacy of the Democratic position He said it would be
only gliding refined gold" for him TO add anything to
Mr. Merrck statement and insisted upon ii that the
evidence being in, offered or filed in the case
was TO be treated court of equity treats evidence
His further remarks were to the following effect:
The Commission could receive from him an assurance.
founded on some little experience that judge or law
yer decided or spoke upon any suHect n1ch 'e
worse for knowing little about 1t before he dld SPEAK
"Chitty on Pleadings" Daniess Chancery Practice"
any the books in which the rules OF evidence are
laid down. he took il for granted that those
were things which he would be speaking as to
the wise :; but he reminded tbs Commission OF quota
tOn from Judge Marshall made yesterday, 10 me curt
that ii presumed that judge OF the supreme Court
knew something Ho hoped that no decision when tne
naughtcr.l Indeed. he hoped that the presumption
would be extended TO- the elect LOT 9G tnf ud Eo
members OF the Senate and House OF Repre-
sentatives also knew something. lLaughtcr]
There had been much iik mere lnout Eong petIu ; ie
action of State. He believed firmly III the sovereign
power OF state to appoint any person ~ eector pro-
vided il was done IN the manner pltsclped ny her LIS
lature and he believed at aiter the appontmen, was
made in that manner man had right 10 20 behind II
Anybody whether an officer Of the state or an officer
OF the General Government who undertook 10 sci aside
such an appointment as thal womb ne siH,iS ",
usurpati0n of authority and his act wOuid be utterly
this case the appointment of these electors was
made by the people, undertook to certify that they We're
act was utterly void false ana fraudulent They
not going beid the of the state in this case They
were only going behind The fraudulent act OF an Ocef cI
the state whose act had validity whatever in It,
This a question OF evidence 1t was the word
vision Of the Constitution The votes were 10 ne counted
not fraud, not forgery M9;n they were !oIG iaat
false paper that absolutely counterfeit ana hdtthat
END OF IT, and that no eXtraneous evidence could
be produced for the purpose OF showing thal lhat paper
forgery, the doctrine went too FAR " that prOHo
sition carried out to its logical conclusion then IL
f.t il
ply receive what Anybody chooses TO f0Drcao ana 10
lay before them through tGc President OF the senate III
this it shown that the rthcate was fraudulent
How was IT shOwni by producing uie cvllcn.e' Hi
which CIV sicaras was as vel aware lie OR. BacD
was which every man. woman ard child ia ms whole
nation knew. had reason to licyc was tIue, VIZ,
that the other set of electors had decisive and clear
majority Of me voos received ana counted 1T
,hG polls GOV. SJcarns knew tr., because !, was r.
corded in every county in the state. The votes "ce
collected together, and were filed IN che oltce
OF the Secretary OF the Commonwealth, lAi' ""3
one way which Tic falschood ana the H"ui
an act OF the Legislatures, conannS tGc solemn i2ts
OF tie state against the cheat which her &c i"c" COY
ernor attempted to palm oil on and Oh tEs nation II
was shown a-an by the fact that lie Governor OF
Florida, the person, bnt the same ohcr'' ha1
revoked thai fraud declaring that thc other parties ana
not those whose vote were no" ocit Hdu Dti cettS
and CHOSEN and authorized exclusively 10 declare me
vote III the state Thus tAcrc DE evidence o WO de-
parmcns OF c STATE clerEncnt against me fraud D1t
there was sill more. The state had deieimhea no' 70
h. cheated ont If her vote, and mad Determined That $40
would ascertain The truth III some uudcnahc FORM ~
never he imrcachcd. SIo therefore hai taken those
usurpers 10y tie throat, had dragged them INTO
competent tribunal She had implicated them
charged them with the ofense, brought the
other parties who were claimed to be Der agents fGr the
Iuro.c ard set them to face Tne proofs had been
gwen hoh sides. and there had been solemn adlli
cation 10y thai court OF competent Jurisdiction ih"t 'he
urrSouS HGo claimed 10 Their votes for Hayes ana
Wheeler had 10 risnt authority, or power Whatever
Fnlse returns have been made many times false counts
have been made at the polls ana la!sc election Ohctfa
had made false rc,urns OF the voters they counted
thcu but man lad ever said 70 LIS knoNeds5 mat IN
election fraud ought 10 he held 10 ne Suctts'Gl mercy
because il VIZ, pat into the form Of law. jhai had
never been laid before except two occasions one
OF Wuic. was tie famous NtW-icrsry case, and thc
"ttor ~ case which occurred in Feunsy wanna in
VAS atrcnInf,d 10 bt set aside by nr opposite party
resulted in ihe famous Bgctsaot War" The parties
opposed to Nj Porter had intended TO carry 0n th'lr
fc,emr at the expense Of covering thc whole common
wealth with blood and ashes, and they Wod nave done
only that the could not get Cen Patterson dhu his
to lire upon the people.
MI Blacks time having expired he resumed hi- seat
and Mr. 1rrrlc presented to the Commission brief by
MI Green Of NeN-Jcrscy, which ne ,i WAS clear, fu
and able discussion Of the question before the Com
II! sion.
Nj Eyarts addressing Mr. Black said that certain
amount Of evidence not Otherwise described tn gcaeI
ally I'm argument and which his side had never seen or
inspected had been argued upon as beng already in on
some chauc.ry notion that Lad been attached TO some
thing which had u!Ou-ht u mere.
Mr. Illck-Ihat - III the record.
Mr. Eyaris-WEat is II attached to
5Ir Bc-lt Is part OF the record IN this case. made
mp the House Of Representatives before inc case vas
Wr. E.arts-What is it attached tol
Nj. B3ck-Do }Ou mean 10 a>k me The Doekblhdefs
question as 10 whether il is stitchcdi
.ir. Eyarts-No; nat II what Is II attacdedt
Mr.. Mcfic4Ii is attached to the objection that was
made when the offered II in" House - being
TIE basis on which The objection was r.used
Mr. Evar,s-Tpr question j. answered; II comes m
Senator Edmundslt came in part OF the objection.