INDEX OF CONTENTS. 



781 



Bible if eo, What ? 170 ; what the rales provide, 170 ; 

 the case presented, 170; the county canvass, 1TO; 

 the State canvass, 171; action of the canvassers, 171; 

 a fraud, 171 ; action of the people to right the wrong, 

 171; what did the Tllden electors dot 171; judicial 

 action in Florida, 171 ; what has the Legislature of 

 Florida done 1 172 ; provisions of its law, 172 ; three 

 returns, 172 ; it Is said no amount of testimony can 

 invalidate the signature of the Governor, 173 ; upon 

 what foundation does that doctrine rest ? 173 ; what 

 law makes the Governor's certificate evidence against 

 the truth ? 173 ; is not your right to inquire into the 

 very truth Implied by the law under which yon act? 

 173 ; is a law to provide for a quo warranto in exist- 

 ence? if not, Congress can pass one, 174; there is 

 another rule of law operating on this question, 174. 



What is the case before the Commission ? 174 ; 

 there are three certificates, 174 ; two are wanting in all 

 the elements of constitutional and legal validity, 175; 

 confine the argument to No. 1, 175; we say every- 

 thing in denial of fraud in the State officers, 175 ; we 

 are not here to defend fraud, 175; propositions pre- 

 sented by the other side, 175 ; what are the powers 

 of this Commission ? 175 ; where does it get powers 

 to review the popular vote ? 176; all counting is to be 

 done by the President of the Senate or the two 

 Houses, 176; what does the word count mean? 176; 

 the narrow circle of discretion that surrounds the 

 ministerial act of counting, 177; It is asked are we 

 to take the certificate against the truth ? 177; function 

 of the canvassing board of Florida, 177; the canvass, 

 178; will you recognize canvass after canvass ? 178; 

 the case is made, 178. 



Mode of proceeding by counsel suggested, 178. 



Desirable matter in the nature of evidence to be 

 laid before the Commission, 170; the general facts of 

 the case stated, 179; details of evidence which the 

 Tilden counsel desire to offer, 179; discussion of 

 Commissioners as to the presentation of evidence, 

 180; mode of proceeding, 182 ; the powers of the 

 Commission, 182; action of Congress relative to 

 Florida, 183; evidence sent from the two Houses of 

 two separate and distinct characters, 183; Commis- 

 sion invested with all the powers of Congress, the 

 question is on the materiality and admlssibility of 

 the evidence, 183; nothing In the law of Congress de- 

 claring that the certificate shall be conclusive evi- 

 dence, 184 ; Congress cannot tie its hands so it can- 

 uot inquire into the truth of the appointment of 

 electors and the electoral vote, 184; before you count 

 you must ascertain what are votes, 185; authority 

 for going behind the certificate of the State Execu- 

 tive, 185 ; report of the Senate Committee in 1873, 

 185; power of a joint rule, 185; authority of this pre- 

 cedent, 186; two propositions as to evidence, 186; 

 case of Florida under the second proposition, 187; 

 the evidence from that State, 187. 



What are we engaged in doing ? 187 ; what Is the 

 nature of the implied power to distinguish between 

 these several sets of votes ? 188; distinct from judicial 

 power, 188; no law, either State or Federal, In refer- 

 ence to the office and functions of an elector, 188; 

 the question Is which set of electors of Florida by 

 the actual declaration of the final authority of the 

 State has become entitled to the office ? 189 ; the man 

 who is in the office is the man for whom we arc in- 

 quiring, 189; fraud makes things voidable but it does 

 not violate everything, 189; three topics laid down 

 for the consideration of counsel, 190; the three top- 

 lc, 190; what evidence other than these certificates 



Is now before the Commission, 190 ; as to the ob- 

 jections, 190; as to any evidence before either House 

 of Congress, 190: what la excluded by the admission 

 of the other side, 191 ; what ft is proposed to intro- 

 duce, 191; where has occurred any matter for judicial 

 consideration ? 191 ; the Commission cannot receive 

 evidence that goes behind the State's record of its elec- 

 tion certified by the Governor, 193 ; the quo warranto 

 Is a matter of common law, 192 ; case of Qroome r*. 

 Gwynne, 192 ; no endowment of this Commission 

 with powers to make it a court under the Constitu- 

 tion, 193 ; the suit in Florida declares the Hayes 

 electors in possension, 198 ; legislation of Florida, 

 193 ; what are the powers, their disposition and ar- 

 rangement in the transaction of choosing a Presi- 

 dent, 194 ; the vote of the electors is their own vote, 

 194 ; a novel proposition that judicial power can put 

 its finger into the political transaction of choosing 

 anybody to an elective office, 194 ; the novelty of the 

 situation produces strange results, 196. 



The most Important case ever presented to any 

 official authority in the United States, 196; the Com- 

 mission, how selected, 195 ; the questions to be con- 

 sidered, 195; what powers have been vested in this 

 Commission for the purpose before it ? 196; the posi- 

 tion maintained, 196 ; the powers of the Commission, 

 196; nature of the count, 197; construction of the 

 Constitution, 197 ; the competency of each House to 

 ascertain the truth Is unquestionable, 198; objection 

 to this construction, 198; overwhelming inconven- 

 ience, 198; what powers has each House of Congress 

 under the laws ? 199 ; condition of all cases of this 

 kind, 199. 



Question of admissihility of evidence discussed, 

 199; the evidence to impeach certificate No. 1 should 

 not be received, 199; the power of Congress to go 

 behind the returns has been again and again asserted, 

 199; testimony been ordered in one of these case*, 

 200; our duty to hear the proof offered, 800; such a 

 judgment would proclaim this Government is no 

 longer one of the people, 200; the determination of 

 electors is the exclusive prerogative of the State, 

 200; the two Houses cannot question the declaration 

 of a State, 200; the questions must be disposed 

 of on their merits, 900; neither Congress nor the 

 Commission has authority to recanvass the vote of 

 Florida, 201; the evidence should not be received, 

 801; reasons for offering the evidence, 201; reso- 

 lutions of th Commission, 201 ; votes, 201 ; decis- 

 ion of the Commission In the Florida case, 201, 202 ; 

 report of the Commission to Congress on the Florida 

 case, 202. 



iz.'U.'The cage of Louisiana referred to the Commission, 

 208 ; report to Congress, 208. 



The case of Oregon referred to the Commission. 

 818 ; report to Congress, 818. 



The case of South Carolina referred to the Com- 

 mission, 218; report to Congress, 19; cloe of the 

 session of the Commission, 219. 



EXLBT, ELIZABETH F. L. Birth and death, 7 ; writing*. 

 272. 



Engineering. Improvements In method* and 



ments, 272 ; Iron truss bridge over the Kentucky 

 River, 278 ; do. over the Ohio River, 878 ; steel-wire 

 bridge at Cottcneva, California, 78 ; malleable Iron 

 in girders, 873 ; Mississippi bridge at Oonncil Bluffs, 

 874 ; the great Tay bridge, 874 ; ytm of pneumatic 

 excavation, 275 ; the Severn bridge, STB ; the Hkenton 

 viaduct, 875 ; the Marguerite bridge. 878 ; the K<ldy- 

 tone lighthouse removal, 7; Philadelphia and 



