The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-06

n. w. StoughtOh on the Republican SIDE,
each occupying about three-qusttets Of
an hour. les
The commission adjourned till IL
o'clock Monday. when VIM. NJ. Evarts
and Charles O'Conor will close the pend
ing question.
The following are the points in the ar
gument of the counsel before the cleo.
toral commission
ADDRESS OF HON. STANLEY MATTHEW'S.
Mr.. Matthews said take this first
opportunity to correct serious misap-
prehension on the part OF the learned
gentlemen who have acted a. counsel in
the opening of this question. in regard to
the position which they seem to assume
as being already taken on our side. l
refer to the conclusive effect which they
suppose we attribute to the certificate of
the governor Of a:state accompanying the
list OF those whom he certifiss as having
been duly appointed electors for that
state. am authorized to say by the
gentlemen who are directors to the sec
ond aud third certificates that that state
ment Is an incorrect representation of
their position. 1 may also take this i'm
mediate opportunity for relieving the ap-
prehension Of my very learned friend.
Judge Black, who spoke SO well in re-
gard to the possible effect of
excluding the consideration OF
what he has been pleased to
call exhibits, on evidence from
the Judgment of this tribunal. 1t is
quaint saying of Seldom in Little Essay
ON Papal Councils" where he was treat
ing of the doctrine, that they were en-
lightened by the presence of the Holy
Ghost. that he had generally found that
spirit dwelt in the old man. Laughter.l
So that in the exercise of constitutional
function, whatever may be devolved by
congress on this commission in the count
of the electoral votes, effectual provision
has been made against the defeat OF the
transaction by referring 1t to a tribunal
which cannot be equally divided.
What is the transaction? What is the
subject of the general investigation! 1t
is stated, in its final result, the election
of president and vice-president of the
United States. In what does that consist?
1t is not q single act, it is series OF acts.
The election Of two high officers is not
popular election, either according to the
spirit Of the constitution. the mean |
Dg of It's trainers. the Interpretation
II the generation which adopted it, or
he practice under il. There is a select |
'ody Of men in each state who consti-
ute the constitutional bo.ly who are to
make that election, and they have right
o make q selection ~ we'll as ele.tis1.
L is altogether. in my jaigns1E. Ems
AXE 10 suppose tia. tAs eAsc-s-I erlaa.s
~ delegates representing VILLA - 1ia
7ssorle 81 s1Iis - kyHiIz IL G.s,,nr,i,si
.hs.-- VII EhsT Om EllF liFus Lns
-ov.r q lae ssgiss "a uIis.iG. INT -ir,.
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ug1s 1-cn III. TIT lEn,st iT tit Ja,8,DI
wis, Il 1iteir gp.scnBl6 nu.ir Al IT,, al
caisssz ssnrs, ',sr~t ai,. afi.ri .-ssnIrz,r. III
tie ,1tsss,r
ief, ilti .4t.:,fsir-f :Enu ,n.!sts. -iIsir irf
;? .;Ea;a-g lileir yire. 1iif.1 49,. Eraacsa--s.o
raxsss. hsTsrst Ia. Elza Of szAse es,c1rui
A.. Iz 3ss.a-l. 4 ss!erll iec-ocs es those
Thugs vhi.a passed 20 The j-r.SIleti0a q
lie federal power. The actQal question
before the commission - which sc. OF
electors in Florida by Actual declaration
Of the ofk=;al Authority Of the state
charged with that duty ilas become
clothed by the forms OF law with actual
incumbeney and possession OF the Office:
The body OF electors which has an appay-
ent right and proper title, and which is
in the exercise and possession OF the
functions and franchise of an office, and
who actually exercise the powers of that
Office, is tor purposes of this tribunal the
lawful body and their votes must be
counted. Ii the commission went behind
the certificate they were limited to an
inquiry as to what are the facts. As to
the governor 10 his certificate be
should have certified those whom
Gov. Stearns. the lawful governor, certi-
fed to be electors in tact and according
to law to have been appointed. The fac,
that subsequent governor came in and
that court rendered judgment upon his
status, could not change the de fact0
status of Gov. Stearns. The quo war
ranto proceedings could not be alleged as
against the fact recited in Gov. Stearns'
certificate because the facts are not mat
ters OF legal construction. They exist OF
themselves. The fact Is undoubted and
lnquestioned that Gov. stearns at the
line indicated was de .facto governor OF
Florida. The REALTORS in that quo war
,anto case appeared clearly by the rec
ord not to have been In possession at the
lime, and their claim OF right to occupy
he offices did not affect the actual status
Of Gov. Stearns, nor the legal and consti-
'utional force OF his action.
ADDRESS OF JERE BLACK.
MIR. Black, in his address on the Demo-
cratic side, insisted that the evidence be.
ing once In or offered or filed in the case
was to be treated as court of equity
treats evidence. The commission was
not required to give it any particular
amount of force or weight in its final
Judgment, but the commission WAS 70