The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-23

facts and right OF the TtfYacts to be certified
by the Governor this. in any case are the public
facts which by law remain and constitute part Of the
record in the public Offices and archives OF the State
and OF which, being Governor for time being he has
official knowledge" We undertook to draw a line of
demarkation in two nstances-First between the con-
stutona authority OF the State in the making OF tho
appointment, In the doing OF all those things which
constitute and verify the appointment which CON-
plcte II, which constitute facum to DO enrolled in
the public Offices OF the State perpetual memorial Of
tho fact And, the other hand tho federal author.
ity which took The matter up from the point where the
State lett II after had been transferred by the State
INTO tue custody Of tho federal authority We UNDER
took, also. TO draw line OF distinction in another
place, and that was between things aud prooIs-be.
tho thing to be certified and the certificate which
certified it-and did Claim. as we have consistently
done throughout, that the certificate OF a thing
was matter OF form; the thing certified TO
was matter OF substance; that in every where II
could be alleged that the certDcate false
did not conform to the thing be certified you might
correct the certificate by showing the TACT certi
fed. The statement OF those propositions in
the opening OF the argument in the Florida case on
our side. IL was enlarged ana amplncd aud demon
srated and app by the learning and the eloquence
OF my colleagues who continued the further argument
IN that and the succeeding OF LOUISIANA
the guidance OF their sku and experienced hands
apply ing the sound constitutions principles out Of
which those manifest distinctions spring,
guided by pilot as wise and successful as Palnurus
tore, Mr. President, somewhat OF surprise 10
ind that the position which. had taken
so much pains 70 make clear and prove now has
been adopted by the gentlemen other side but
that, going beyond that they have adopted the dogma
we hear Tor The nrst time IN THIS continuous though
interrupted debate tho from adversarcs OF the
sanctty ana impenetrabiity OF the certificate OF the
Governor.
WHAT THE LOUISIANA CASH DECIDES.
II 10 now claimed BY the learned gentleman who
spoke with much ability the Senate Chamber last
evening that the idca on which he iounds the whole
structure OF his argument has passed into adudica-
ton by the decision of this tribunal in Louisiana
case The language OF this tribunal upon that point
is this
And the commission has BY maJori,y Of votes decided.
constitution and the law IS !. existed At the date Of the
tic other than those rssS
and according the determination declaration their
State prior to the time for the Of shsr aues
had zen appointed electors or by counterproo show
SO that the very ground on which they stood at the
beginning The ground which has been alleged by the
decision OF this tribunal, ind Is the ground winch
we stand to-day Ana that that Is the certificate
OF the Governor, which is bassu and according
the determination and declaration OF the appoint nsnt
OF the electors ty the returning officers Tor election
the said State 10 the tune the performance
their uut'es which 49, under the constitution and laws
OF The United States, the conclusive evidence The
persons who are entitled to cast the electoral Of
Tho State.
Mr. President, that is not the only surprise In the
case OF Forida the attempt made by the show aud
offer OF proof 10 behind tho official action OF the
State in the appointment of electors showing
that The processes had been erroneous, Illegal
without jur lsdcton involving OF law
tainted by fraud. Tho Same OFFER though greatly ex
aegerated anu enlarged, the Of Louis.
ana and II seemed AS II The oilers proposed by the gem
temen the 0thcr side 0t their proof grew stronger
and longer just IN proportion TO the certainty which
then mad attained that they would not be put the
OF an attempt TO make them good. We treated
the same time 10 exhibitions Of vrtuous Indignation
which, for At least, expecting prepared
~ witness in that quarter, at the enormty OF sanct.
lying wrong and fraud and the tribunal and the
sci, anu all who were engaged IN the transaction
involved In universal sentence o, cOndem nation,
II by established, sound legal principles In the
course OF the transaction, which, least has the io
OF judicial inquiry and processes be governed by
stutonal and legal principles conlessng wrongs
which alleged It was incompetent for this tribunal
TO investigate
MR.. JUSTICE FiELD QUOTED
was reminded, Mr. President, BY that OF some re-
marks which bear the authority OF the Supreme
OF the UnIed States as delivered in Bradley against
Fisher, in 13 Wallace, by Mr. Justice Field page S4s
whore It Was decided by the Supreme Court OF the
United States that civil action Tor damages would
lie against the judge Of asuperior court for anything
done Dy him in his ofncial capacity, although IL
alleged IN the petition 10 have been c0rrupy,
wantonly maliciously 10 the injury OF the plapti,
aud that learned judge who delivered tho opinion Of
the Court made general remarks which apply In the
present controversy, where, IN quoting from old
that would tend to the su0verson Of public justice,
aud th ose that would not be defended from
caumnous observations he says, 'Tbe truth OF these
observations aniest 70 ali persons having much
experience in the Superior Court Cases involving
only great pecunary interests, but the liberty and
character OF the paries and consequently exciting the
deepest feelings, arc being constantly determined in
these COURTS which there great conflict the evi-
dence the law which should govern their de-
csion. II rs this class OF which imposes upon
the judge the sevcrest labor Yet It 10 precisely in
these particular cases that the losing party feels most
keenly tho decision against him and readily ac-
cepts anything but the soundness OF the decision
explanation OF the action ol the judge. Just pro-
portion TO the strength Of his the
rectness OF his own views Of the apt TO
complain OF the judgment against him and 10 ascribe
improper motives in the Judge. When . controversy
involves questions affecting large amounts OF property
or affecting masters Of great public touch
mcnt accustomed by an adverse decision often finds
vent in nputatons OF character ana from the mpcr-
icctions of human nature this is hardly subject Of
wonder
LITTLE DICTIONARY. h
Mr. Matthews tpon went ON 70 say there was no offer
prove the contents OF supposed heroglyphlc char
acters that could not be read. There offer of
proof That this the result OF deep laid scheme
s w 81 we eoPs hs MS
last night that he did not produce that little pocket
dictionary and show tho correspondence between
commended that the Governors certificate fell 10 the
ground when II shown that 1t not the warrant
duties. The law OF oregon required that
the votes for electors should DO given, re-
members Of Congress, and In the of members Of
Congress 1t WAS made the duty of tho secretary of
State TO canvass the votes and there the statutory d.
rcctions end. The statute In relation TO electors
further provided that the Secretary Of State should
certify two lists showing who had received the highest
number OF votes, and there the canvass enaed. The
constitution and law stamped that record the legal and
constitutions result OF the election They had made
prefer Of the thing ITSELF the proof Of the thing
but the actual and substantial result OF the canvass
That was the appointment by the State, the investi
ture by tho State OF the real rank and litie AL,
else proof mere prma tacie evidence, to be-
taken as proof only TIL confronted by proof and shown
to be false The certificate Of the Governor, he said
sought to be intruded here substitute Tor tho
II was signed by the Secretary OF State
SIMPLY as an atesting witness, and not as the can
vasser OF the votes That tho possession was not
essential ~ the discharge OF the duties OF Office he
contended was well settled principle OF law. The
certificate OF the Governor OF Oregon did not no as
Serted conform the statutes OF the United States
Of Oregon.
WHAT MADE NoS.ELECrIox.
Mr. Matthews combatted the proposition that the iu
eligibility Of Watts made a non-electon or that the
votes cast for ineligible candidate were VOID. He
also conenced that the English decisions which de- |
cared the candidate who was eligible, bit received a