The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-16
From the Maine State Press of Feb. Is, 1877.
History Of Seven Days.
The News for the week ending Wednesday
Might, Feb II.
THE ELECTORAL COMMISSION.

THE ELECTORAL COMMISSION.
The Electoral Commission has decided that
the four, votes of Florida be counted for Hayes
and Wheeler. The decision was made by the
following vote:
Yeas-Messrs. Bradley Edmunds, Freling-
huysen, Garfield, Hoar, Miller Morton and
Strong.
Nays-Messrs Abbott, Bayard, Clifford,
Field, Hunton, Payne and Thurman.
1t was founded upon these points:
1st The Commission, exercising the powers
of both Houses under the law. and having ex-
amined all the certificates and papers referred
to them, fud that they have no authority to
hear evidence aliunde, or in other words, to
hear evidence outside of the Governor of the
state of Florida, founded upon the determine
ton of the canvassng board of the state as to
its vote.
I'd. The Commission could not consider as
evidence any act of the legislature or courts In
determining whom the state had appointed as
electors after the day the said electors gave
their vote.
Sd. In regard to the alleged ineligibility of
+. G. Humphreys, there was not sufficient
proof that he held office on the 7th of Novem-
Der
It is Just decision. Florida 1ightfully voted
for Hayes, and if it we're possible to eliminate
all the trickery, fraud and force on each side
it would appear that the four electors who
voted for Hayes were duly chosen by the ma
jority Of lawful voters. But such an investga-
ton is now physical impossibility. The high
est evidence that can now be obtained in re-
gard to the actual vote Of the state is the de-
cision of its lawfully constituted returning
board. That evidence the Tribunal has deter
mined to accept as the highest, and its decision
will undoubtedly be approved by the great
multitude OF citizens, Democrats and Republi-
cans, who prayed for the establishment of such
tribunal to resolve their doubts.
The report of the Commission was made to
Congress Saturday, and at once accepted by
the Senate by strict party vote The House
adjourned without action, in pursuance, it was
thought, of Democratic plan to defer de-
cision of the whole question until after the 4th
of March, and SO force a new election. Bur
the plan, if formed, has been abandoned OF
Monday the House, after long debate, re-
jected the decision by strict party VOTE Bot
as the concurrent action of the two houses is
needed to invalidate decision of the Con-
mission the vote of Florida stands for Hayes
and Wheeler. The debate on the Democratic
side was conducted by David Dudley Field.
who had much to say about corruption, by Carr
of Indiana, who had much to say about Demo-
cratic bad faith in rejecting report to which
they had pledged themselves to agree. and by
Proctor Knott and Randolph Tucker. The
speakers on the Republican side were few. MI
McOrary showed that the decisions of the
Commission were sound and supported by rea-
son and by authority. he argued that the de-
csion of the votes cast at the polls was purely
matter for the state authorities to decide, and
that, when that authority had canvassed the
votes, declared aud adjudged the result and GER
titled the election of their electors in due form,
that was the appointment of the electors re
quired by the constitution. This was the de-
clared opinion of Chief Justice Marshall, when
a member of the House in 1900. He showed
the utter :mpossibility of having commission
investigate contested election cases, by going to
the precinct returns and taking evidence.
There must be final authority somewhere,
and the only safe rule was that adopted by the
commission. That the decision made by the
proper state authority prior to the time fixed
by the constitution and the law for electing the
President and Vice-President of the United
States was final, and not subject to be set aside
by Congress. The power of Congress was to
cunt, not to reject duly certified votes of the
tates. Similar views were presented by other
Republicans.
a. Ia t1,a mt ofa voo
continued by the two houses and proceeded
smoothly until Louisiana was reached and
certificate was read showing 8 votes for Hayes
and Wheeler. The presiding officer stated that
the certificates had been received by mail and
that no corresponding one had been received
by messenger, 1.-THE messenger appointed for
that purpose was Thos. q. Anderson, one of
the Returning Board } This was authenticated
by Kellogg as Governor, he being himself one
of the electors The certificate having been
read the presiding officer handed to the tellers
another certificate from the state with a COR
responding one received by mail) showing
votes for Tilden and Hendricks. This was au-
thenticated by McEeery as Governor of the
state. Still third certificate was opened and
read, corresponding one having been re-
ceived by mail with votes for Hayes and
Wheeler) authenticated by Desande, Secretary
of State. The presiding officer opened and
presented another certificate received by mall
no corresponding one having been received by
messenger. This proved to be burlesque, the
name of John Smith alone appearing upon it,
1t purported to be signed by John Smith &
Co., two bul-dozers. and wound up with the
;s 60 IN
quently the presiding officer directed that the
paper De omitted from the proceedings of the
joint convention.
Senator Mcdonald of Indiana rose and SUBJ
mitted an objection to the Hayes and Wheeler
certificate. The objection was based on the
ground that the Hayes electors had not been
duly elected but their election had been certified
by William Kellogg, who claimed to be, but in
fact was not the Governor of the state of Lou
Isiaua, aud because the Returning Board of
said state was without jurisdiction for the rea-
son that the laws of Louisada conferred no
power on the Returning Board to canvass or
compile the votes, since they constituted but
four of five persons required by law, since those
four were of the same political party, and since
there was vacancy in said board which the
four members had refused to fill because the
four members of the Returning Board had full
knowledge that true compilation of votes
would have shown that the Tilden electors had
been duly elected; because said board had offer
ed for money to sell the votes of Louisiana and
because A. B. Levisse aud o. FL. Brewster of
the Republican electors had held offices of trust
under the government of the Uuited States at
the time of their appointment as electors The
objection is signed by Mcdonald of Indiana.
Stevenson of Kentucky, Salisbury Of Della
ware, Bogy of Missouri (Senators(, jerks of
Pennsylvania, Gibson of Louisiana, Tucker of
Virginia, Levy and Ellis of Louisiana, land Nor
risson of Illinois (members of the House,
Mr.. Gibson OF Louisiana also sent up objec-
tions to the Hayes and Wheeler certificates be-
cause, first, the government of Louisiana was
not Republican IN form; second, no canvass
was made on which the certificates of election
were issued; third, any alleged canvass OF votes
was an act of inscription, fraudulent and void;
fourth, some of the electors were ineligible by
the laws of Louisiana and were disqualified
from being electors as holding state offices,
Kellogg being acting de facto Governor, Jaff-
roin supervisor of registration for the parish of