The New York herald., 1877-02-04


evidence IL taken ~ objectng to before II Is made
part ot the record IL s, ~ nattcr OF COURSE iled
not INTO court get u special order OF the
Chancellor 10 do L. Now the rule OF procedure about
admitting and rejecting evidence always throws tho
burden OF proving that ought TO upon the par
ties who do not like 10 have il in Tho question Of
materality or relevancy. what It's value and weight
are wnat proyatve orcc ought to be gwen To IT by the
Court. Is question which, OF the Judges said
moment ago, is always TO be discussed upon hearing
and determined by the final decree OF the Judge
MOTION MILLER.
Alter further discussion IL was moved by Mr.. Justice
MILLER that counsel upon each side be allowed two
hours 10 discuss the question raised by Mr. EvArts OBJ
lection TO testimony whcther any other testimony
will DO considered by the commission than that which
was laid before the two houses by the Vice President
or the President pro tenn. OF the Senate.
COMMISSIONER rHuRMAS's onJgcriox.
Nr. commissioner NEUTRALITY-SUSPICIOUS., then. the
commission decide that further evidence ought to be
considcred, we would have determined one thing
as to what that further evidence should he We would
only have decided that evidence the mere face OF
the papers presented by the President the
the TWO houses should DO received, but would
have advanced ono single stop toward deciding what
evidence should be received.
SUGGESTION COMMISSIONER EDMrxps.
Dir. Commissions EDMUNDs--l wish 10 sugxest that
the proposition OF Judge Miller as modified by the
suggestion OF Judge Thurman, covers tho whole
ground Tho first point Is whether any Oody-ths two
houses or this tribunalhas the power TO 20 behind
the formal certncaton OF the authorities and Sec
ondiy " So by what species OF evidence that nay be
sustained II Is claimed by Judge Black that It may
be sustained by evidence IN the Of testimony
taken by commtccs, &c, and reported 10 either OF
sidc that II cannot.
MoprrIcArloS or JUDGE xLLnx's NOTION
The motion OF Judge Miller was nnally modified SO
as 10 permit three hours each sido discuss the
question whether any evidence will be considered by
the commission that was not submitted 10 The two
houses by the President OF the Senate and " what
evidence can properly be considered, and was tar
lner modified to include tho Question, What is tho
evidence now be fore the commissionY
TINS motion was agreed to
AyTkR REcEss-MR MERRcK's SPEECH.
Al twelve o'clock the Court took recess to half
thn e-tia thn
was opened by Hon. t. I. Mcrrick, oi Washington
The decision OF the honorable commission this morn
Ing, as remarked by Mr. OConor has somewhat en-
bnrasscd us In entering upon tins important transac-
tion We came to court expecting TO proceed din cctly
TO the Florida case, and believing that the testimony
that had been taken by the committees OF the Senate
and Ho OF Hep upon tho subject reg
uiarly before the commission as testimony in the
without being liable To any objection account OF In
formally, and tho ultimate admissbility OF when
would be considered oy tho Court when finally
TO consider the main question IN tho causo bit that
case is practically suspended for tho present, aud
counsel required TO argue tho absract propositon
OF law which submit ted 10 them IN tho paper read
by tho President or the commission. That PROPOSE
non Oh law, as understand It, s:--Wha generally.
are the powers OF tins commissony What evidence IS
now before the commission. and what evidence Is IL
competent IN addition TO That now before you. for
counsel to oiler to introduceY
FIRST then, as TO the power OF this COMMISSION, the
organic act under which ethis commission has bcen
established provides as follows, IN regard to returns
from states which have sent up duplicate or trpca!e
returns. whom objections made to those -
"Whcn objections made to any certificate, vote or
paper from State, all such certificates, votes and
papers objected TO and oil papers accompanying the
same, together with such objections, shall be forthwith
submitted 10 said commissl0u which snail proceed 10
II any, us now possessed by tho two houses, act
Ing separately or together and by majority Of
decide whether any and what votes from such States
arc the votes provided Tor by tho constitution OF tho
United States, and how many and what persons
duly appointed eecors such States and muy therein
taks into view sucn petitions, depositons and other
papers, If any, snail by tho and
listing lazy be competent and pertinent IN such consld-
eraton." The language that | have read from tho
bill embraces u moro succinct declaration of the
powers or this commission than any other por-
ton Of the bill, and Is tho only part, believe,
that has direct reference 10 tho testinsny before the
commission Now as TO tho regularity OF the evidence
which Is already before you, presume thorc can be
objection. question made in the houses
OF Congress alter tho late Presidential election carly
In their session. to what votes If any, should DO
counted from the states of Florida Louisiana South
Caroina and believe Oregon. Upon thut question
committee was appointed u take testimony In refer
to the OF Florida. committees o the houses
respectively proceeded 10 that Stale and took testimony
IN accordance as believe with the uniform hubt and
custom adopted by mittees representing Congress
and dscharRing similar duties That testimony, hav.
ing been taken, returned TO the two houses OF
Congress- whom objection made to the counting ot
The from that state at the time they 0pencd
by tho President OF the Senate IN tho presence Of the
two houses pursuance OF the order OF the BILL that
have received the certificates from that State,
being three In number, with tho papers accompanying
those certificates, and the objections and evidence
that has been takcp by tho of Congress in
reference To the regularity and Legality Of that vote
ull transmitted 70 This commission. respect
fully submit that that evidence Is now before this
commission. Wherever Congress has assumed to
crcisc any power In reference TO IN inquiry into dis
puted fact II has unJrmly appointed committees
invested Standing committees with tho power OF
taking testimony regard to that TACT, and ia this
case the houses respectively appointed their com.
mtccs 10 take testimony IN regard 10 tho issue
raised in reference To the vote OF that State. That
testimony has been transmitted by those houses in
JOINT sessi0n 10 this cOmmssi0n which possesses and
10 all tho power Of those two In tho
premises. therefore presume that there can be no
question in reference to the regularity of that test
mony Whatever question may be raised Ia reference
10 lis admissibity under The issues which you arc
trying ana It's effect upon those issues. speak now
o the mass OF testimony generally that aid upon
this table, and summit that It Is beioro
the COMMISSION and so lar MS am ADVISED there Is
other evidence with the exception OF u very small
piece OF evidence reference TO the particular hour ut
has been called tho Hayes electors and with that
ccption stated in the paper read by MIR. OConor, |
believe there IS no question upon which tho counsel
Tor the oDIcctors propose 10 oncr any cxrinsc evi-
dcnce whatever Inis evidence which has been sent
to tho COMMISSION by the two houses OF this charac
ter
First, there is the vote that was enclosed In tho
certificates returned from the State Of Florida There
were three certificates, tho Brst being that accom-
tho return OF the votes OF the Hayes electors
the certificate OF the Governor gwen 10 those electors
The second certificate was accompanied by the
tcac Of the Secretary OF State OF Florida, aud the
third was accompanied by certain jodicai REPORTS
which, under the express language OF the organic
act, were referred to tbs body Tor It's considera-
ton. The other testimony was extrinsIc 10 which
have already referred, taken by that committee
acting under the authority and In obedience the
mandate OF Congress; and ! may remark that
when Tint committee took this testimony there
full opportunity given to all parties Interested
the result OF the inquiry to summon whatever W.T.
nesscs they might desire to have examined aud 10
cross-cxamno all that were brought forward by The
parties having adverse interests. The examinatonin
chio was taken with the regularity or The
rules OF evidence, and cross-exanination
permitted according to the broadest
latitude OF those rules. II required repeat
the experience OF that committee under the authority
OF tins Conn ssion and retake that evidence, there
would probably be 10 witnoss called who was not be-
fore the other OF those committees, and prob
ably no question would bo propounded that was not
propounGcd by ono or the other, ana the answer to
winch reported to ard before this h0norab
body. But this Commission Is invested with all
powers OF Congress under this law the question re-
upon the matcrialy and Inc ndmssibilty OF tho
evidence without regard to form TO what are these
powers, owo TO Your Eonors an apology for under
taking TO argue the question, Tor did not into
court prepared to perform that duty AMI IN assuming
10 do ! merely submit myself
TO That snbOrdnation that prcYails In tic