The Van Buren press., 1877-02-06

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The Florida question was finally le,
go over till Saturday, and the house took
recess until 10 o'clock tomorrow.
THE COMMISSION.
The tripartite commission appointed
under the provisions of the electoral act
to hear and decide all matters in dispute
affecting the vote for president and vice
president, met at o'clock, today, in the
room Of the supreme court, at the capi'
toll. The journal of the preceding sess-
ion was read, corrected and approved.
A communication of the two houses in
joint session, was presented by Mr.. Cor
ham, secretary Of the senate, ond read as
follows
HALL, HOUSE OF REPRESENTATIVES,
February |, 1877.
To the President of the Commission:
More than one return of papers pur-
porting to be a return or certificate ofthe
electoral votes of the state of Florida,
having been received and this day open
ed in the presence Of the two houses of
congress, and objections thereto having
been made, said returns, with all accom-
panying papers and also objections there
to, are herewith submitted to the judg-
ment and decision of the commission, as
provided by law.
[Signcd] 7. w. FERRY,
President of Senate.
The Presiding Justice--It is suggested
and l think very properly, that the
doors may now be opened and that pro-
per persons be admitted.
Representative Payne-I move that
the certificates, with papers be printed
at as early an hour as possible.
Presiding Justice-The motion before
the commission is that the three certfi-
Gates in the case of Florida be printed,
with objections thereto. If that is your
pleasure, you will say aye, [putting the
question:. 1t is agreed to. How soon
can they be printed?
WASHINGTON, Feb. 2.
The electoral commission met at 1880
this morning. The presiding justice said
the question had been asked, yesterday,
what is the case? To which he replied,
that it consisted of three certificates, with
accompanying documents and objections
to same. He would now state that two
objoctors on each side would be allowed
to speak on the opening Of the case.
Those representing objection number
one, which was presented by Justice
Field, would speak first, and under the
fourth rule would be allowed two hours
to state the case, and argue in support Of
objection.
Justice Field asked whether, after OBJ
.ectors had spoken and opening argument
was made, any reply would be allowed.
Justice Clifford stated that the rules
made no provision for reply.
Associate Judge Field then opened the
as to the objection in the case
Of Florida, and argued in favor of going
behind the returns, on the ground that if
this could not be done, the American
people would be in the position of stand
ing powerless in the face of gigantic
fraud. Justice Field reviewed the action
of the Florida returning board and of
Gov. Stearns, and read from the evi-
dencc taken before the house committee,
to show votes Of precincts thrown
out without particle Of evidence, and
upon mere supposition or beliefthat in
timidation had been practced. The votes
of Johnsonvilie and Darbyville were ci-
ted as instances of this action. He az
gued the paramount question before the
commission was whether in the face of
such testimony as this it can be claimed
that the face of the returns is to be con-
sidered as conclusive and binding. The
usual form of stating the question, "Can
you go behind the certificates p is an er-
roneous form. The question should be
reversed, SO as to read, "Can the certiti-
Gates go behind the truth and conceal
it 7" There is no pretence that the vote
OF the state was not given for Tilden and
Hendricks, the sole preteXt for denying
the fact being the certificate of Gov.
Stearns. They say that the truth can
not be proved as against the certificates.
This includes the proposition that the
two houses of Congress have no right,
either separately or together, to consider
or inquire into any act which Governor
Stearns may certify to congress. Sup,
pose governor should become so deba-
sed as to corruptly and falsely certify to
congress that one set of electors had re-
ceived "a majority of votes of the state, is
there no remedy? The constitution no.
where declares that the certificate of Il
governor shall be conclusive against all
proof in regard to the election of presi-
dent. The constitution distinctly de-
clares that it is the person having the
highest number of votes who shall be de-
clared elected, and it cannot be rightful-
ly said that the certificate Of the govern
or of a state can overrule this provision
of the constitution.
Justice Field cited the case of Barstow,
of Wisconsin Fourth Wisconsin reports)
to show the propriety of proceeding by
quo warranto. In that case usurpiug
governor was ousted by the constitution,
and the rightful governor installed in his
stead--a case parallel to that of the gov
ernorship of Florida.
He regretted that there was no similar
provision OF law bearing on the question
of the presidency, and paid high tribute
to the foresight and statemanship of one
member OF the commission (Senator Nor
tom for having discussed the latent diff
ticulty in the question of the disputed
presidency, and laborcd early for its