Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1877-02-15

on the end OF October This question was
considered by the Commission On the sth.
The entire time on the Sth was oc-
cupied with argument relative to the eligibil-
ity OF Humphrey, one of the Florida electors.
Humphrey held the Office Of U. S. Shipping
Commissioner. The appointment was made
by Judge Wood, of Ohio, a U. S. Circuit Judge
who holds court at Pensacola, Florida:
Humphrey wrote to Judge Wood ON the I'd OF
October, rendering his resignation, and it was
accepted by Judge Wood. The Democrats
claim that such resignation could not he le-
gally accepted except when the court was in
session at Pensacola, and as there has been no
such term OF court Humphrey was, accord
mgly, government officer when he voted in
disqualified. Judge Hcadley and Richard
Merrick presented the argument for the DEM
ocrats and Samuel Shellabarger and William
Evarts tor the Republicans. Their speeches
occupied the entire day.
The electoral Commission was in Sc.
cret session the entire day on the 9th, and
until half past eight in the evening, con-
sldering the question of the eligibility
of Humphreys the Florida elector.
Every member of the Commission made
q speech. At one stage OF the proceeding,
ing there was no sufficient evidence offered
to show that Humphreys was not Ship
ping Commissioner on the 7th of Novenl-
ber. This resolution was criticised by sew
eral Republicans, ON the ground that it might
carry an implication that if Humphreys
had been such; Commissioner OH the 7th of No
vember his vote would have been invalid, and
the resolution was not urged, there SEEM
ing to be practically unanimity that Hum
phrey's resignation was legally etfectual, be-
ing rendered and accepted before the election
About six o'clock in the evening the debate
ended. Senator Edmunds submitted reso-
luton declaring in substance that the four
r. publican electoral votes OF Florida should
be counted, and embodying various reasons
for such declaring.
Representative hunton offered the following
as a sub titute:
Resolved, That the electors named in certi-
ficate No. 2, to-wit: Wilkinson Call, J. +.
Yange, Robert Bullock and Robert B. HeltoD,
are the four persons who were duly appointed
electors by the State Of Florida Oh the 7th day
of November. and that their votes, certified
by such certificate, are the votes provided for
by the constitution OF the United States
This substitute was rejected by the following
vote:
Yeas--Abbott, BayarG, Clifford, Field, Hun
ton, Thurman, Payne.-7.
Naays-Bradley, Edmnuds, Frelinghuysen,
Mr. Edmunds then withdrew his resolu-
ton, and MIR. Garfield offered the following,
which was adopted:
Resolved, That four persons, to wit: Fred
erick Z. Humphreys, Chas. w. Pierce, VIM.
H. Holden aud Thos. w. Long were duly ap-
pointed electors OF President and Vice Presi-
dent tor the State Of Florida, and that the
votes cast by the aforesaid four persons are
the votes provided for by the constitution of
the United States.
The vote III detail on the adoption Of this
resolution was as follows:
Yeas-Bradley, Garfield, Morton, Edmunds,
Hoar, Strong, Frelinghuysen, Miller-8.
Nays-Abbott, Field, Thurman, Bayard,
Hunton, Clifford, Payne-7.
On motion Of Mr.: Garfield, Messrs. Ed
munds, Bradley and Miller were appointed a
committee to draft the report OF the decision
OF the Commission, with briet statements OF
the reasons therefor, to he signed by the
members agreeing thereon, and to Ike trans
mitted to the joint session OF the two houses
as required by the electoral act
The argumentative resolution previously
offered and withdrawn by Edmunds was ad-
opted by the committee Of three, with few
verbal changes, as their report and about
O'Clock it was signed by the eight members Of
the Commission who had voted torthe adopt
ion of Garfeld's resolution.
At p. m. on the 10Th, both Houses
of Congress met in Joint convention to receive
the report Of the commission upon the case o
Florida.
The Electoral Commission state the grounds
of their decision in the case OF Florida as fol-
lows: That it is not competent under the con-
stitution and law as it existed at the date
the passage OF the act constituting the Com
mission to 30 into evidence, ali undi, and tE<
papers opened by the President of the Senate
in the presence OF the two House to prove tha
other persons than those regularly certified t.
by the Governor OF Florida according to th'
determination and declaration OF their ap
} pointment by the Board of State Canvasser
ance OF their duties, had been appointed el
ectors, or by counter proof to show they hat
! not, and that all proceedings OF the courts
acts of the Legislature or OF the executive Q
Florida subsequent to the casting OF the vote
of the electors on the prescribed day are mad
missable for any such purpose.
AS to the objection made to the eligibilit
:: of Humphreys, the commission is OF tn
opinion that without reference to the question
, OF the vote of an ineligible elector, the ey!d G
= dence does not show he held the Office OF ship
= ping commissioner on the day when tn
> electors were appointed. The Commission
, also deci led that as consequence Of the tore
going, and upon grounds before stated ,neithe
: OF the papers purportiug to be certificates I
, the electoral votes of Florida are certificates
, votes not provided tor by the constitution {
|
t counted.
When this decision was announced object
ions were offered by the Democrats on th
ground that the Democratic electors in Flor
da were truly and lawfully chosen; that tn
-, decision excludes all evidence relative {
frauds and irregularities, and that it is = VIZ
q Iation OF the constitution OF the United State
] Horldon and Long as electors. The objection
!. were signed by Senators Jones, OF florld'
t Cooper, Barnum, Herman, Salisbury and No
: Donald, Representatives, Knott. Field, Ho
= mar. Tucker, Thompson, OF Massachusetts
i Jenks, Finley, Sayler, Ellis, Morrison, Hea
+ lit, OF New York, aud Springer.
After these objections had been presente
: the two houses separated to vote separate
: upon receiving the report of the commission
J" In the Senate, Senator Sherman offered IL
T. following resolution which was adopted by
Z party vote of Ato Is.
It Resolved, That the decision Of the Commi
6 sion upon the electoral vote of the State
: Florida stand ss the judgment OF the Senat
e the objections made thereto to the c0ntral
This resolution took the place Of . resolutio
: previously offered by Senator Hamlin, d.
9 claring the electoral vote OF Florida cast Il
u HAYES and Wheeler. The Senate then not
= fed the House that they were ready to mt
s in Joint convention to continue the count.
In the House, as soon rs the Sena1e hao r
= tired, motion was made tor . recess unit
e Monday 1t 10 .. M The Republicans elaine
q that this would be illegal but the speake. q
) cided that previous to debate on the obje
r lions = recess could be taken and the motto
for recess was carried by l63 to lO8. Th
D. prevented any further action on the cou
Il during that day. II the two houses disagr
e relative to accepting the report Of the col
Ia mission then the decision stands under Il
= law. The only way that the j..
cision Of the tripartite commissi