The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-02-15

those regularly certified, why the Governo
of the State OF Florida in and according t
| the determination and declaration OF the APP
\ pointment by the board of State -Canvasser
Of said State prior to the time required 70
\ the performance OF their duties. had been ap
pointed electors, or by counter prooft to shoV
that they had not, and that all proceeding
of the courts or acts Of the Legislature or o
the Executive Of Florida subsequent to thu
casting Of the votes of the electors on TIN
prescribed day, are inadmissahlc for any sicl
purpose.
AS to the objection made to the eligibility @
Mr.. Humphreys, the Commission Is OF opn
ion that, without reference to the question
of the effect Of the vote Of an ineligible elec
tor, the evidence does not show that he he Il
the Office of shipping commissioner on the
day when the electors were appointed.
The Commission has also decided and does
hereby decide and report, that rs a conse
quence Of the foregoing, and upon the ground
stated, neither OF the papers purporting SC
be certificates of the electoral votes OF sale
state of Florida numbered 9 and by the
Commission and herewith submitted are
the certificates Of the votes provided for by
the constitution of the United States, ant
that they ought not to be counted as such
Done at Washington, D. c., the day an(
year first above written [Signedl
SAMUEL F. MILLER,
w. STRONG,
JOSEPH FL. BRADLEY,
GEORGE F. EDMUNDS,
y 0. P. MORTON,
FRED. F. FRELINGHUYsEN,
JAMES A. GARFIELD,
GEORGE F. HOAR,
Commissioners.
Objections were offered by the Democrat
ic members OF the Commission. The follow
ing paper was then read:
WASHINGTON, February 10.--An objec-
son is interposed by the undersigned Setia-
tors and Representatives to the decision
made by the Commission constituted by the
ACT entitled an act to approve and regulate
the counting OF the votes for President and
Vice-President, and the decision of questions
arising therefore for the term commencing
March 4, A. D. 1877. as to the true and le-
gal electoral vote of Florida on the following
grounds:
The decision determined that the vote cast
by G. II. Pearce, F. c. Humphreys, W. II.
Holden and L. W. Long as electors of Pres
dent and ice-President Of the United States
in and for or on behalf Of the State OF Flor
ida, is the true and legal electoral vote OF
said State, when in truth and in fact the vote
cast by Wilkinson Call, j. e. Younge, Rob-
ert E. Hilton and Robert Bullock is the tr.e
and lawful vote of said State.
For that said Commission refused to re-
ceive competent and material evidence tend.
ing to prove that c. Ii. Pearce, F. C. Hum
phreys, W. II. Holden and NV. Long were
not appointed electors in the manner pre-
scribed by the Legislature OF the State of
Florida, but were designated as electors by
~, Dat, srr rN ofc col to In
and fraudulently, in disregard of law and
with the intent to defeat the will of the people
expressed in the choice of Wilkinson Call,
J. E. Younge, r. G. Hilton and Robert Bull
lock, who were legally and regularly appoint
ed electors by the State of Florida, in the
manner prescribed by the observation-disclosures
Third-For that the decision aforesaid
was founded upon the resolution and order
of said Commission previously made as fol-
lows: Ordered that no evidence Will be re-
ceived or considered by the Commission
which was not submitted to the joint conven-
ton of the two houses by the President Of
the Senate with the different certificates eX-
cept such as relates to the eligibility of F.
Humphreys, one OF the electors.
Fourth-The said decision excludes all
the evidence taken by the two houses of
Congress by the committees of each house
committed by the persons whose certificates
are taken as proof of their due appointment
as electors.
Fifth-For that said decision excludes all
evidence tending to prove that the certificate
of Stearns (GovernOr), as also that OF the
board of State canvassers, was procured or
given in pursuance of fraudulent and cor
rupt conspiracy to cheat the State of Flori-
da out of it's ,ightful choice of electors and
to substitute therefor those who had not
been chosen or appointed electors by said
State in the manner provided by the Legis-
lature thereof.
Sxth-For that the said Commission re-
fused to recognize the rights Of the courts Of
the State of Florida, to review and revise
the JUDGMENT of the returning board or
board of canvassers rendered through fraud
without jurisdiction, and rejected and re-
fused to consider the action of said court,
and after their decision that Pearce, Hum
phreys, Holden and Long were not entitled
to have the vote Of the State OF Florida,
which said decision was rendered by q court
of said State lawfully brought before said
court. which court had jurisdiction over the
subject matter thereof, and whose juris die
ton over the said Pearce, Humphreys, Hol-
den and Long had attached before any act
was done by them as electors.
Seventh-For that said decision excludes
all evidei ce tending to show that the State
of Florida by all the departments OF its gov
eminent, legislative. judicial and executive,
had decided as fraudulent all the certificates
OF Stearns. Governor, as we'll as that of the
State canvassers upon which certificates the
said Commission has acted and by means of
which the true literal votes of Florida have
been rejected and false ones substituted in
their place.
Eighth-For that the count Of the votes OF
Pearce, Humphreys, Holden and Long for
President and Yice-President would be vio-
lation OF the constitution Of the UniedS, ates.
[Signcdl Senators Jones, Cooper, Barnum,
Herman, Salisbury and Macdonald, and
Representatives Knott, Field. Holman,
Wise, Morrison, Hewitt and Springer.
The objection was then read, and the joint
session dissolved.
The House without further business took a
recess to 10 o'clock Monday
The President laid before the Senate the
following:
Washington, d. c.. Feb. 8. 1S77.-Sr: l
am directed by the Electoral Commission to
inform the Senate that it has considered and
decided upon the matters submitted to it
under the act OF Congress concerning the
same, to wit: The electoral votes from the
State of Florida, and herewith, by direction
OF said Commission, [ transmit to you the
said decision in writing, signed by the men,
beers agreeing therein, to be read at the
meeting of the two houses according to said
act. All the certificates and papers sert to
the Commission by the President of the Sen
ate are herewith returned,
NATHAN CLIFFORD.
President of the Commission.
Hon. =. H. Ferry, President Of the Senate.
ACTION OF THE SENATE.
The Senate then repaired to the House.
Upon returning tile Secretary read the oh
jectiOns submitted
A motion for recess on Monday was
urged by the Democrats and lost-26 to If
q strict party vote.
Mr.. Sherman then offered the following:
Resolced, That the decision Of the Com
mission upon the electoral votes of the State
q q Florida, stand as the Judgment of the SEN
ase, the objections made thereto to the con-
trary Notwithstanding.
Adopted--strlct party vote.
Recess to 10 O'Clock Monday.