The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-05
Meeting Of the Electoral Com.
mission.

WAsHINGToN. Feb 2.-The electoral
commission met at 1890 this morning
The Presiding Justice said it had been
asked yesterday. what is the case =
t. which he had replied. il consists oi
three certificates with accompanying
papers and objections to the same. He
would state that two objectors on each
side would be allowed to to speak on
the opening of the case; those represent
ing objections number one, which was
presented by Field, would speak first.
and under the fourth rule would be al
lowed two hours to state their case aud
argue IN support OF the objections.
Field asked whether after the ob-
jectors had spoken, and the opening
objection was male any reply would
be allowed.
Justice Clifford stated that the rules
made no provision for reply.
Field then opened the argument AS
an objector in the case of Florida. and
argued i'll favor Of going behind the
face of the returns on the ground that
il this could not he done the American
people would be in position OF stand
ing powerless in the face of the gigan-
tic fraud.
He was followed by Representative
Tucker, another of the objectors. on
the same side of the case. Senator
Sargent and William f. Chandler be
ing familiar with ths subject. are the
Republican counsel.
Field reviewed the ac' ion Of the Flor
ida returning board and of Governor
Stearns. and read from evidence taken
before the House committee to show
that the votes of precincts bad been
thrown out without particle of evil
dence. aud upon the mere suppositional
belief that intimidation bad been prac
iiced The votes of Jacksonville aud
D.rbyville were cited rs instances Of
this action. He argued tha. the para
mount question before the commission
was whether the face OF the returps
is to lie conclusive and binding The
usual form Of stating the question ::
Can YOU go behind the certificates $"
is All erroneous form. The question
should be reversed so AS To read: Can
certificates go behind the truth and
conceal il :" There is no pretense that
the vote Of the State was not given
for Tilden and Hendricks, the sole pre-
text for denying the fact being the eer-
titicates of Governor Stearns. They say
that the truth cannot be proven as
against the certificates This includes
the proposition that the two Houses Of
Congress have no right, either separ-
a,ely or together, TO consider or inquire
into any act which Governor Stearns
may certify to Congress. Suppose n
Governor should become So dcbssed as
to ccrruptly and falsely certify tn Con-
gress that one set of electors had re-
ceiyed = majority Of the votes of the
State, is there no remedy The con-
stitution nowhere declares thst the
certificate Of the Governor shall he
conclusive against all proof in regard
~ the election of the President. The
constitution distinctly declares that i, Is
the person having the highest number
and ii cannot be rightfully said the
certificates Of the Governor II - State
can override thls provision of the con
situ,iou. Field cited the case Il Bars
tow sf Wisconsin to show the propF!.
ety Il the proceedings by fa' trIrraHfo-
In that case the usuTplng Governor wa.
ous,ed By the courts. and the Ilgh':al
Governor installed IN his stead. a case
parallel to ,ha, IF the Governorship Of
Florida Field regretted there was 10
similar provision of law bearing on
the question q. the Presidency. and
paid a high tribute 10 the foresight aud
craftsmanship # one member si Tie
cs,inmission- Morton for having dis
covered the layen, difficulty III the CUES
,lon If "A disputed Presidency and "a
bored earnestly :'T ITS settlement,
After recess. Mason addressed the
commission and said What i the
case before u.s. First, a certificate
comes 10 Congress as required bg the
Constitution and laws Of the United
States and In conformity 70 the statutes