Year: 1877

bunal, sitting 10 the place OF high tribu.
nal under that writ, to investigate title
that fs to saw, IL you can devOlve that title
upon any tribunal which you could create,
and you have not created any such tribunal.
You arc here in the last resort as the Court
to determine it. You must go to those du-
ties, and perform those functions, and re-
ceive that evidence which that court would
perform and receive. There is another con-
sideration as to why truth may be given in
evidence; and that is, that fraud Gitiates all
transactions. will not argue that the
Judgment OF court OF competent iu-
risd:ction can be impeached eollaterally
for fraud. II it could be, 1t would be
against public policy, and would be a
scandal to inquire into the bribery or cor
ruption OF Judge while thejudge is sitting
upon the bench; and therefore from mo-
tives OF public policy it may be true that
until the Judge be impeuched or removed
you cannot inquire into the corruption OF
his acts. ] venture to say, however, that
there is no document anywhere that you
cannot impeach for fraud. There is not
single transaction that have ever heard
which should lead us to the conclusion that
you cannot inquire into the ialsity and
fidelity or truth OF transaction, and put
it to the Court that, independent OF the
question whether il judge were mistaken,
and 1t be shown that acting in the exercise
OF his Judgment, and from desire to do
Justice, he had enormously certified thing
to be true (which I have no doubt you could
inquire into)-I submit that IL you show
that he corruptly acted, and that lie was
bribed or led aStray by his hunger for office,
or thirst for power mot less than by thirst
for gold), you can impeach his acts. Who
| is he whose acts we are asking TO i'm
| peach? 1t is the then Governor Of Florida,
| NJ. Fl. StearnS. Stearns is the man who
sent a telegram asking, "On what ground
can we throw them out!" and who re-
| ceived for answer, "Fraud or lntlmlda-
tion," or something else. stearns is the
man who controlled the puppets of the
Canvassing Board, who were to decide
whether or not he was to exercise the Office
of Governor for the next term. Is it cor
| rect proposition Of law that you cannot in.
quire whether that man has acted fraudu-
lently: II it be true that the certificate
cannot be gone behind, then it is equally
true whether there was an election or not.
Suppose prove or offer to prove that on
the 7th day Of November there was no elec-
ton whatever in the State Of Florida, and
that no man voted or cast ballot, and a
certificate should come here signed I" NJ. II.
Stearns,' could you say that that shows
that those four men were elected at that
election? "To that complexion must I
come at last" There is no middle ground.


Ii you can inquire into the truth of that
certificate you can inquire into every fact
in relation to it. Such, Mr.. President and
gentlemen Of the commission, is as brief q
statement as can make of the facts and
law as we understand them to-day. The
greatness Of the question in respect to the
dignity Of the presidential Office and the
enormous interests depending upon it are as
nothing compared with the moral elements
involved. True it is that the person to
whom YOU give your decision will be for
four years the Chief Magistrate OF 45,000,000
people, will be commander-in-chief Of your
army and navy, the organ between you and
all foreign States, the bestower OF all offices,
the fountain of honor and power, and exc
cutor of your laws; but that is as nothing
compared with the greater question, whether
or not the American people stand power
less before gigantic fraud.


Here is this certificate [holding it aloft in
his handl; one feels almost reluctant to
touch it. Hold it up to the light; it is black
with crime. Pass it around. Let every
man see it, and then tell me whether or not
that certificate gives title to an office con:
trary to truth, as we can prove it. One OF
the greatest poets of the palmiest days of
English literature, writing of the coming
of our Saviour, said:


And ancient fraud shall fail,


Returning Justice lift aloft her scale.


Ancient fraud! Was there ever fraud
like this? In all previous ages fraud has
succeeded only because it has been backed
by the sword, and protesting people have
been powerless to resist the force Of armed
battalions. Never before now in the history
of the world has fraud succeeded.against
the conscience and will OF aself-governing
people. II it succeeds no1o let us cover our
faces with shame. Let us take down the
statue on the dome Of our Capitol, which
every morning faces the coming light. Let
nl,r,- e..