Year: 1877

and intimidation" or something else,
Stearns is the man who controlled those


puppets of the canvassing board, who


were to decide whether or not he was to


exercise the office Of governor for the


next term. 1t is correct proposition OF


law that you cannot inquire whether that


man has acted fraudulcntly? If it be


true that certificates cannot be gone be-


hind, then it is equally true whether


there was an election or not. Suppose |


prove, or offer to prove, that Oh the 7th


of November last there was no election


whatever in the state Of Florida, and that


no man voted or cast ballot, and yet


the certificate should come here signed


NJ. l.. Stearns, could you say that that


shows that those four men were elected
at that eleetion2 TO that complexion


have we come at lastY There is no mid
die ground. 1t you can inquire into the


truth Of that certificate you can inquire


into every fact relative to it, The great
ness question, to respect the dignity of
the presidential Office, and the enormous
interests depending upon it, is as nothing
compared with the moral elements in
volved the American people stand pow
erless before a gigantic fraud Here is
this certificate [holding it aloft in his
hand one almost feels 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 of
fee contrary to truth, as we can prove it
if fraud succeeds. Now 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 us clothe ourselves in sackcloth and
sit in ashes forever"


Representative Tucker followed JUS
tice Field. He summarized the objec-
tions presented by Justice Field, yester-
day, and said the whole question presen-
ted to the tribunal is the question pre-
scented to the two houses of congress,
and which they have substituted this tri-
bunal in their stead to decide. It's sim
ply this: Is there any power in the con-
stitution under which we live by which
fraud can be prevented ? On the pres-
dency he alluded to the quo warranto of
the state of Florida, ex rel Wilkinson,
Call and others, and to the decision of the
supreme court in that state, he argued to
be sustained by the authorities, citing
among other high authorities high one
of the extraordinary remedies of section
1860. The returning board he regarded
as merely one step in authority by which
promul cations Of elections were made
final determinate authority, if he were
allowed to make a word for the occa-
sion, provided by the state of Florida.
Was the supreme court, therefore, unless
primary determinant authority, viz, the
board Us conclusive not only in its ac-
ton, but as to the extent of its power,
then we must regard the proceedings in
Florida, upon the action of these elect.
ors as part of that determinant power
which the state has provided against
fraud and illegality in the exercise of
elective functions


After recess, Kasson addressed the
commission. lie said :" What is the ease
before US? First, certificate comes to
congress as required by the constitution
and laws Of the United States, in contor-
nifty to the statutes of the state of Flor
ida, certifying the electoral vote of one
of those states, which my honorable
friend, who last spoke, Tucker, was plea
sed to call sovereign states of this union
that certificate is first opened and read
there is a secoui certificate opened in
tho Joint rneetiisg of the two houses of
in which persons signing the
same precede their ccrtiication by cer-
tifcate signed by an officer not recogniz-
ed by the laws Of the United States, nor
by the statutes of Florida. Second-he
ccrtities that there is no provision in the
law Of Florida, as certifying such officer
as being Encouragement OF the State Of
Florida. He certifes that there is no
provision in the law of Florida, whereby
the result Of said returns can be certified
to the executive Of said state.


Recess. ....


No conclusion was reached on the
Florida case Saturday and the confer
ence adjourned until Monday.1