170 



CONGRESS, UNITED STATES (ELECTORAL COMMISSION). 



The President: "The case before the com- 

 mission is that of Florida. Inquiries were 

 made yesterday, ' What is the case ? ' to which 

 I beg to respond, that it consists of three cer- 

 tificates with the accompanying papers, and 

 the objections to the same. Two of the ob- 

 jectors on each side will be allowed to speak in 

 the opening of the case. Those representing 

 the objections to certificate No. 1 will speak 

 first; and I would remind them that the fourth 

 rule allows them two hours, in which they will 

 state the case in the opening arguments in sup- 

 port of their objections, and also in support 

 of any other certificate which they claim to 

 be valid. When they have concluded, two ob- 

 jectors on the other side will speak, under 

 the same rules and limitations. I will not give 

 any directions now as to counsel; that will 

 come afterward." 



Mr. Representative Field : " Before proceed- 

 ing, if you will allow me, I beg to speak to a 

 preliminary matter. I observe that Rule 5 

 speaks of evidence. Now, I am in some doubt 

 about the course of proceeding. If evidence is 

 admissible, it should be stated, we suppose, be- 

 fore beginning the argument. We are pre- 

 pared with witnesses from Florida to state, at 

 the bar or in any manner that the court may 

 indicate, by deposition or otherwise, all that is 

 necessary to prove the allegations of our objec- 

 tion. We suppose that the papers which have 

 been presented here contain sufficient evidence 

 and are receivable ; but I ought to state in 

 limine that I do not wish to proceed with the 

 argument under the impression that we have 

 not other evidence. Of course, saving the ques- 

 tion whether the evidence is competent, I wish 

 to say that we have the evidence, and we can 

 produce it here, or anywhere that the commis- 

 sion may direct, and offer to do it now, or at 

 any other time or in any other manner. 



" I thought I ought not to proceed with my 

 statement without making that preliminary 

 suggestion." 



Mr. Commissioner Strong: "Mr. President, 

 it seems to me that the rules which we have 

 adopted place the objectors in precisely the 

 same position that counsel are placed in who 

 open a case before it is submitted to a jury. 

 We propose such is my understanding of the 

 rule that the objectors shall occupy exactly 

 that position- in their statement of their objec- 

 tions, to state what the objections are, and how 

 they propose to support them. The other ques- 

 tions will come up afterward in regard to the 

 admissibility of evidence." 



Mr. Representative Field: "That is quite 

 satisfactory." 



Mr. Commissioner Strong: "That is my un- 

 derstanding at this time." 



The President : " You can proceed, Mr. Field, 

 with the case at a quarter before eleven. Your 

 side will haveJacphours." 



Mr. Representative Field: "Mr. President 

 and gentlemen of the Electoral Commission : It 

 will be my endeavor, in the statement which I 



shall make, to set forth with as much concise- 

 ness as I may the facts that we expect to prove 

 and the propositions of law which we hope to 

 establish. 



" The power devolved by the Federal Con- 

 stitution upon the States of this Union was, in 

 the State of Florida, exercised by the Legisla- 

 ture of the State directing the appointment of 

 presidential electors to be made by the quali- 

 fied voters of the State at a general election. 

 That election was held on the 7th of Novem- 

 ber, 1876. It was quiet and orderly, so far as 

 we are informed, throughout the State, and 

 it remained only to gather the result of the 

 voting. That result was a majority in favor of 

 the electors who, for convenience sake, I will 

 designate as the Tilden electors. Neverthe- 

 less, a certificate comes here, signed by the then 

 Governor of the State, certifying that the Hayes 

 electors had a majority of the votes. By what 

 sort of jugglery that result was accomplished, 

 I now take it upon me to explain. 



" By the laws of the State the counties are 

 divided into polling-precincts, and the votes 

 of the polling-precincts are returned to the 

 county clerk at the county seat, where they are 

 canvassed, and the county canvassers certify 

 to the State canvassers. I have occasion to 

 mention canvassers only in one county. That 

 county was decisive of the result ; but if it 

 were not, ex uno discs omnes. The county to 

 which I refer is Baker County. The canvass- 

 ers were by law to be the county judge, the 

 county clerk (or, rather, I think he is called the 

 clerk of the Circuit Court for the county, but I 

 call him, for convenience, the county clerk), and 

 a justice of the peace, to be by them called in 

 for their assistance. In case either the judge 

 or the clerk is absent or cannot attend, the 

 sheriff of the county is to be called in his place. 

 The law provides that the canvass by the county 

 canvassers shall be on the sixth day after the 

 election, or sooner if the returns are all re- 

 ceived. 



" In this county there were but four precincts, 

 and the returns from them were all received in 

 three days. On the 10th of November the 

 county clerk, considering that the returns be- 

 ing in further delay in the canvass might be 

 embarrassing for what reasons it does not de- 

 volve on me to say requested the county judge 

 to join him in the canvass. The county judge 

 refused. The clerk then asked the sheriff to 

 join him, but he declined. The clerk there- 

 upon called to his assistance a justice of the 

 peace and made the canvass ; and a true canvass 

 it was, as all parties agree, I think. I have 

 never heard anywhere the suggestion that the 

 votes as certified by them were not the true 

 votes. But it so happened that the county 

 judge on the same day the 10th issued a no- 

 tice to the county clerk and to a justice of the 

 peace to attend him at the county seat on the 

 13th which, as you will remember, was just 

 six days after the election at noon, for the 

 purpose of making the count. On that day 



