The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-02-07
A DAY OF ARGUMENT.
The Case of Florida Discussed by
Counsel Before the Tribunal.
Eioquent Speeches by David Dudley
Field and Tucker of Virginia.

asked yesterday what is the case. TO which
he had replied it consists of three certificates
with accompanying paners and objections to
the same. He would now state that two OBJ
Jectors on each side would be allowed to
speak on the opening of the case-these rem
resenting objections number one. which was
presented by Mr.. Field, would speak frst,
and under the fourth rule would be allowed
two hours to state the case and argue in sup
port of the objection.
Mr.. Field asked whether, after the obiec-
tors had spoken and the opening argument
was made, any reply would be allowed
Justice Clifford stated that the rules made
no provision for reply.
Mr.. Field then opened the argument as an
director in the case of Florida, and argued
In In favor of going behind the face of the
returns, on the ground that if this could
not be done the American people would
be in the position of standing power
less in the face of the gigantic fraud
He reviewed the action of the Florida re-
turning board and of Governor Stearns, and
read from the evidence taken before the
house committee to show that the votes of
precincts had been thrown out without a
particle of evidence and upon mere SUPPOSE
ton or belief that intimidation had been
practiced. The votes of townsville and
Darbyville were cited as instances of this ac-
ton. He argued that the paramount question
face of such testimony it can be claimed
that the face of the returns is to be consid-
cred as conclusive and binding. The usual
form OF stating the question, can you go be-
hind the certificate? is an erroneous form.
The question should be reversed so as to
read: Can the certificate go behind the
truth and conceal itg' There is no pre-
tense that the vote of the state was not Civ
en- for Tilden and Hendricks, the sole pre-
-
being the certificate of Governor
Stearns. They say that the truth can not
be proved as to the certificates This in
CLUBS the proposition that the two houses of
congress have no right, either separate or to-
gether, to consider or inquire into any act
which Governor Stearns may certify to con-
gress: Suppose governor should become
so debased as to corruptly and falsely certify
10 congress that one set of electors
had received a majority of the votes
OF state, is there no remedy? The
constitution nowhere declares that the GER
titcate of a governor shall be conclusive
against all proof in regard to the election of
president The constitution distinctly de-
clares that it Is the person having the high
est number of votes who shall be declared
elected, and it can not rightfully be said
that the certificate of the governor of
a state can overrule this provision
of the constitution. Mr.. Field cited
the case of Barstow, of Wisconsin,
In the fourth Wisconsin reports to show tn
propriety of the proceeding by quo wdrrdnto.
In that case the usurping governor was
ousted by the courts, and the rightful gov
ernor was installed in his stead. The case is
parallel to that of the governorship of
Florida. Mr.. Field regretted that there was
no similar provision of law bearing on the
question of the presidency, and paid a
high tribute TO the foresight and states
manshlp of one member of the commission
Senator Morton) for having discovered the
latent difficulty in the question of the dis
puted presidency, and labored early for it's
ment of a court of competent jurisdiction
can be impeached collaterally for fraud If
it could be it would be against public pol
icy. 1t would be scandal to inquire into
the bribery or corruption of Judge
White, the judge is sitting upon the bench
and therefore, from motives of public pol
icy, it may be true that until a Judge be
impeached or removed you can not inquire
into the corruption of his acts. venture
to say, however that there is no document
anywhere that you can not impeach for
fraud. / put it to the court that
of the question whether
the Judge was mistaken, and it be shown
that, acting in the exercise of his judgment
and from desire to do justice, he had erro-
neously certified a thing to be true,
which / have no doubt you
if you show that he corruptly acted and that
he was bribed or led astray by his hunger
for Office or thirst for power not less
than by a thirst for gold, you can
impeach his acts. Who Is he whose acts
we are asking to impereh2 1t is the then
governor of Florida, NJ. 81. Stearns. Stearns
is the man who sent a telegram asking
ION what grounds can we throw out votesT'
and received for an answer Fraud and in
or something else. Stearnsis
the man who controlled those puppets of the
board, who were to decide
whether or not he was to exercise
the Office dee of T. governor for The the
supposition of law that You
cannot inquire whether that man has acted
fraudulently7 If it be true that the oertif-
Gates cannot be gone behind, then il is
equally true whether there was an election
or not. Suppose 1 prove or offer to prove
that on the 9TH of November last there was.
no election whatever in the stote of Florida,
vet certificate should come here signed
IN. H. Stearns," could you say that
that shows that those four men were
elected at the election? To that complexion
must it come at last? There Is no middle
ground. If yen can inquire into the truth
of that certificate you can inq1ire into every
fact relative to 1t. The GREATEST question, is
to respect the dignity of the presidential
office and the enormous interests depending
upon it are as nothing compared with the
moral elements involved. The greater ques-
ton is whether or not the American people
stand pswerless before a gigantic fraudc
Here is this certificate (holding ii aloft in
his hand( One feels almost reluctant to
touch it. Hold it up to the light. 1t Is
IL Nj a
every man see it, and then tell me whether
or not that certificate gives a title to an Of
flee contrary to truth, as we can prove it.
If fraud succeeds now, let us cover our faces
with shame. Let as take down the statue
in the dome of our capitol which every
morning faces the coming light. Let us
clothe ourselves in sackelOth and sit in