The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-02-07

rel Wilkinson, Gall ana OJhers anu W tic
decision of the supreme court IN tnat stale-
He argued to be sustained by the authori- |
ties. citing, among other authorizes, dlgn |
on extraordinary remedies, section 7, page |
60. The returning board he regarded as
merely one step in the authority oy whlcn
the promulgations of the elections were
made the final determinant authority
(if he were allowed to make a word for the
occasionl provided by the state OF Flonda
was the supreme court, therefore, unless the
primary determinant authority, viz, the
board is conclusive, not only in its action,
but also as to the extent OF its power: tneh
we must regard the proceedings in FLORIDA
upon the action of these electors as part oil
that deterIninant power which the state has
provided against fraud and Elegantly IN the
exercise of elective functions.
At the conclusion of Mr. fuckers argu-
nent the commission took recess until
O'Clock.
AFTER RECESS.
Mr.. Kasson addressed the commission. He
said: What is the case before us? First,
certificate comes to congress as is required
by the constitution and laws OF the
United States and in conformity to the
statutes of the state of Florida, certifying
the electoral vote of one OF those
states which my honorable friend who last
spoke (Tucker) was pleased to call sovereign
states of this Union. That certificate Is nrst
opened and read There is a second certiti-
cate opened in the joint meeting OF the two
houses of congress in which persons signing
the same precede their certification by
certificate signed by an othcer not
recognized by the laws OF the United States,
nor by the statutes of Florida, as certifying
officers, being the attorney general OF the
state of Florida.
2 He certifies that there is no provision
in the law of Florida whereby the result OF
said returns can be certified TO the executive
of said state, admitting by that certfh-
cate, if it has any force at all, that
his action is without law and without any
sanction by the statutes and the state
3. The electors certify to their own action
and to their own qualifications, and they
themselves notified the governor of their
election. That is certificate No. 2, certii-
cate of uncertifying persons, in the view OF
the law of the state and the nation.
That certificate wac presented and opened
There is a third certificate, still more
extraordinary, still more wanting in ele-
ments of veriication, also demanding con-
sheraton. 1t is entirely eT post tdctO. 1t is
certified by an officer not in existence, I'M
til the functions of Office had been exhaust
ed. A certificate which recites the proceed
ings in tribl mails subordinate and SUI
perior to the Judiciary OF the
state. certificate which
canvassing board might, under the same
circumstances, report to the state officers.
but which has never been sent TO the con-
gress of the United States or to the presi-
dent of the senate during the 100 years in
which we have been republic. The
proceedings in court reclted In 1t
are all subsequent to that time
which, by the constitution and laws
of the United States is the time fixed for the
performance of judicial functions. These
two certificates are wanting in all elements
of constitutional and legal validity which
should give them place before this COM
mission in the condition ink which the
laws of the country now are in
of December when these functions were ex-
ercised. Furthermore, if certificate No Is
the constitutional and legal expression of
the vote of the state of Florida that ques-
ton being settled in favor of certificate No.
l. obviates all necessity for consider
ing certificates Nos. 2 and 3, and /
ought perhaps to say to the honorable
commission that it is fortunate they did not
grant the request of the directors to adjourn
until Tomorrow The next mail might
have brought to you certificate No. 4. recit-
ing new proceedings, and new action before
courts, and no end would be
found to the paper that might
be presented in party or personal
interest as established the retroactive night
to exercising a function in the state of
Florida The objections to the first certih-
cate are substantially one, namely: There
was fraudulent return, that it was fraudu-
lently issued, not by reason of anything
which appears in the action OF
certificate but because of the frauds
of other people. Mr.. Kasson here referred
to the frauds in Jackson, where he said the
republican vote was rejected, and spoke of
the case where a railroad train of passengers
got off and voted the democratic ticket,
and said: II do not believe that this
commission by the constitution or law
was ever intended or has the power
TO go to the extent that would be required
to probe these mutual allegations on both
sides to the bottom. Mr.. Kasson argued at
great length against the power of the COM
mission to go behind the returns, and said,
"are you to revise the proceedings of all
state tribunals appointed by state laws, or
are you to count what is properly
certified and presented to your If il be
otherwise, let the constitution be amended,
and let it be declared by this amendment to
be amended so that it shall read: each
state shall appoint in such manner as the
legislature thereof may direct, number OF
electors, subject to revision by the
congress of the United States, which
shall have power to determine
whether such electors have performed
their functions, to the satisfaction of said
congress-" We are brought inevitably to an
amendment to the constitution which sought
to preserve absolutely the rights of the states;
which required every ballot in the presiden-
tial election to be cast on the same day that
that might be freed from centralized in
fuence. Every member of the commission
knows the history of the adoption of this
clause and yet we are brought, I say. perpet-
ually to the question, shall we now go on
and complete the absorption of the absolute
independent right of the states,
to appoint the electors in their own way
and say that it is subject to the two houses
of congress whether they have done or shall
n hat IL ma Thsa he
are we then to take the certificate of the
governor AGAINST the truth L. thara