The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1877-02-09

inc EitclOfhi IEtHHnOl.
The great trial of HAYES against Tic Consli.
tuition and the rights of Tie people, is still
in progress Mt Washington. The Tribunal
has been engaged since Thursday of last week
in hearing arguments in the case Of Florida.
The Democrats are represented by Messrs
Field and Tucker, of the House, Judge Black,
Charles O'Conor and r. T. Memick The
Republican side has been argued by Repre-
sentntvcs Kusson and McCrory, AMI Judge
Stanley Mathews f. W. stoughton and VIM.
VI. Evaris
The counsel for the Democrats have pre-
scntcd strong case, not only upon the points
Of law involved, but also on The equity side
oft, Their speeches show the most thorough
preparation. Every point has been anticpn,-
ed, and nothing is left 10 The inspir lion of
The nom ent. The Republican lawyers, on
the other hand, do not show the same careful
preparation, and appear to be cropping in
the dark in search of preteXts to justify the
high-handcd a-ton Of the Florida Returning
Board in hastily declaring the State for
Hayes, in the face of the mandate of the
Supreme Court of the State, TO stay their ac-
ton.
The Republicans no longer insist that the
signature of the Governor of State, append
ed to the certificates of electors is conclusive
and forhids inquiry into the manner in which
the electors were appointed. Such conclu-
sion would prevent them from making n con-
test over Oregon, and give Tiden an I'M
disputed title TO Cronins vote there They
make the finely drawn distinction, however,
that although the certificate of Governor
may be questioned, the decision of q return
ing board may not.
Mr.. Stoughton argued that the tribunal
was appointed TO count the electoral votes
and not the votes by which electors were
elected The object of the Republican coun-
sci is 10 prevent an examination into the
fraudulent acts of the returning boards and
they interpose every legal objection to going
behind the fraudulent certificates in order
10 see who were really elected. The
Tribunal will greatly mistake the reasons
which urged the people OF the country to
demand the reference of the question to
,hcm, if they are drawn aside from the vital
question Of who was actually elected, and
spend their time in deciding legal bubbles
and technicalities presented by the Repuhli-
can lawyers tor the very purpose, probably
of delaying action until after the 4th of March
What the country wants to know, and what
the Tribunal is expected to deaide, is who
received n majority of the legal votes in
Florida and the Other contested States on
on the 18th of last November? The Ameri
can people generally will he inclined &c
coincide with the remark attributed TO Judge
Black that "no Judge who ever performed
r judicial duty with q show of fitness Oh
propriety, will shock the common sense OF
common honesty Of the nation by deciding
that fraud is as good ms the truth, merely
because il comes wrapped in the forms Of
law"
The most important argument was that
upon the admission of evidence, Which is
simply the question Of going behind the
electoral certificates, so as to inquire into
their validity. The case was argued on
Morday for the admission Of the evidence
by the venerable Charles O'ConOr and
against it by VIM. NJ Evarls
On Wednesday the Commission decided
the preliminary questions of already argued
before them, by vote of eight to seven
Their decision was in the form of two orders
the first of which was MS follows:
Ordered, That no evidence will be received
or considered by the commission which was
not submitted to the joint convention of the
two Houses by the President OF the Senate
with the different certificates, except such as
relates to the eligibility of F. G. Hum 9hries
one of the electors.
The vote ION this order was strictly Il
party one; and the effect Of it will be TO pre-.
clude the Commission from going any further
: into the Florida case than the examination
of the documents submitted to them by Con.
gress These include the certificates of the
Hayes electors, the certificates of the Tilden
electors and the quo warranto proceedings
and subsequent action of the Legislature or.
dernga count Of the votes as they were cast
The second order set forth that the Com.
mission will receive evidence relating to the
eligibility Of Frederick c. Humphries, one OF
the Hayes electors, who, it is alleged, was
United States Commissioner at the date OF
his election, aud thereby disqualified under
the Constitution
On this order Justice Bradley voted with
the Democrats,
The Republicans in Washington accepted
the decision as favorable TO Hayes and
Wheeler, and the Democrats were at first de-
pressed. subsequently, when it came 10 be
better understood, both sides recognized the
fact that the matter was still involved in
doubt. There is certainly enough evidence
in the papers upon which the Commission
will base their final decision to show the
fraud perpetratod by the Florida Returning
Board, and to justify th2 Commission in
either throwing out the vote entirely or give
it to Tilden.
The belief seems to he gaining ground
that the election will after all be left to Con
gress.
If the votes Of Florida are given TO filden
and Hendricks the whole question will be
settled at once and they will be counted in
by Congress. If they are awarded to Hayes
and Wheeler, it does not necessarily secure
their election; but in that event we must
conf rs the outlook would not be very en-
couraging for the Democrats. The case of
Florida seems to be plain one, TO people
who are not lawyers, and it would seem that
if fraud wrapped in the forms of law" can
he acceniel In nlnce Of truth In Eloridn Il