Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1877-02-08

taken to instruct the Electoral Commits
sien in the law relating to the counting
of the votes for President and Vice Pres
ideut have presented the Florida case
with mastery ability on both sides -
Although "A great number of questions
have been incidentally discussed, involv-
ing an incongruous mass Of opinions ana
facts, the main point at issue is easily
disccrncd. The Republicans exhibit the
certificates of the four Hayes Electors
signed by Governor Stoarns, and the
minutes Of proceeding of the Electoral
College which met on the 9th of Deem
Der Che day designated in the act Of
Congress for such mecting), and cast the
vote of the State for Hayes and Wheeler.
The Democrats attack these papers and
say that they represent fraud which in
law and morals ought not to be allowed
to stand They assert that the certif-
cate of the Governor of a State is only
primd Jacie evidence of the right Of the
party holding the same to act as an Elec-
tor, and that if it be proven that such
certificate was obtained through mistake
or fraud, it becomes null and void. The
Republicans admit this principle. w with
certain important qualifications. Aney
hold in the first place that Iull Iorce ana
aa.et must be given to the certificate.
unless some other person IS present ex-
hibiting a better warrant, and showing
by unmistalable evidence that he is the
true Elector
As is well known, the Oregon t4iel.'-
was set up for the express purpose of
meeting this Wow of the case [: was
supposed that the Republicans would
maintain with regard to Florida that the
certificate of Gov. Stearns was conclus
i've of the right of the Florida Electors
to cast the vote of the State for Hayes
and Wheeler, and having established
this principle they would be estopped
from ihquiring into the fraud through
which Cronin obtained a certificate from
the Governor of Oregon But the Re
publicans refused to step into the trap
and although Mr. Tildcn's astute coun-
sci have used all manner of ingenious
devices to get the Republican counsel to
assent to such proposition, they have
upon all occasions and under all circum
stances repudiated it.
Both sides agreeing that the certificate
of the Governor of State is not con
elusive as to the right of the party hold
ing it to act as a Presidential Elcctor,
the next question arises is this: In what
way and under what circumstances can
such certificate be successfully attacked?
The Republicans hold that the person
chosen by the people as a Presidential
Elector (if he be eligible to the Office
is entitled to a certificate from the Gov
ernor, and if any other person obtains
certificate through fraud it avails him
nothing How are we to know who has
been elected The manner of ascertain
ing who has been chosen to Office differs
in the various States In Florida the
returns of the election are passed upon
by Returning Board, and the candi-
date having a majority of the legal votes
is certified as elected Until the recent
decision of the Supreme Court of Flori-
da took away its judicial powers this
Board always supposed that it had au-
thority to throw out fraudulent ballots
and to separate the true from the false
In the exercise Of this power the Board
eanvassed the returns of the recent Pres
idential election and found that of the
legal votes the Hayes and Wheeler Flee
tors had received 900 majority, and this
result was reported to the Governor, who
issued certificates to the Hayes Electors
in accordance Herewith. The Republic
cans contend that these certificates must
stand because they are founded upon the
judgment Of Board created by the laws
of Florida fer the express purpose Of as
certaining the true results of elections
They regard the decision Of this Beard
as final and conclusive, and binding a.
like upon the Governor of Florida and
tho Electoral Commission. Congress can
70 behind the certificate of the Governor,
but not behind the Judgment Of the tri-
bunal that is charged with the duty of
ascertaining who has received MAORI
ty of the legal votes.
The Democrats, on the other hand
contend that the judgment of the Flori-
da Returning Board has been reversed |
by higher tribunal--to wit, the Su-
preme Court of the State. This the Re
publicans deny. The Supreme Court of
Florida, at the suit of the Democratic
ordered rceanyass upon
the face Of the returns" This order {