River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-02-15
The Presidential Tribunal.

The commission were in secret ses-
sion the entire time on the 9th, but came to
no decision in the Florida case.
The tripartite Commission on the 7th
decided not to go behind the electoral certifi-
Gates in the Florida case. Following is the
minute ON the official record OF the Commits
sion:
On motion of Justice Miller
Ordered, That 10 evidence will be received
| or considered by the Commission which was
not submitted to the joint convention of the
two houses by the President of the Senate with
the different certificates except such as relates
20 the eligibility OF c. Humphreys, one of the
| electors.
The vote stood as follows:
YEAs.-Bradley, Edmurds, Frelinghuysen,
Garfield, Hoar, Miller, Morton, Strong.-S.
| NAYs.-Abbost, Field, Payne, Bayard, Hun
\ ton, Thurman, Cfdord-7.
On motion o, Mr. Abbott
Resolved, That in the case OF Florida this
| Commission will receive evidence relating to
the eligibility ofFrederick c. Humphreys, one
| OF the persons n-med in joint certificate No. /,
| as an electOr.
! YEAs---Abbott, Clifford. Pavne, Bayard.
Field, Thurman, Bradley, Hunton---s.
| NAYs-Edmunds. Garfield, Miller, Freling-
| huyseD, HOar, Morton, Strong-7.
The charge OF ineligebility Of Humphrey
rests upon his being United States, Shipping
/ Commissioner He claims to have resigned
a
sidered by the Commission on the Sth.
The Senate on the Sth had under con-
sideration the bill appropriating money for
| Indian affairs. One amendment made by the
House, forbidding the President to remove
any OF the Sioux Indians without further in
structions from Congress, the Senate struck
/ out, and after large number OF other changes
the bill was passed, and il goes back to the
House. Mr.. Window was made chairman OF
the committee on the printing appropriation
bill. The Senate then took recess till the
next day.
The House on the Sth had the atten-
ton of its members called TO the treatment OF
the members of the Louisiana returning board
| in the custody OF the Sergeant Arms Mr.
Wilson had been unable to see them until he
| got peremptory orderfrom the Speaker: then
| he found them in damp, dark, and ill-venti-
| lated cell, into which a CLEAN OF sunlight
never had penetrated, and the only light was
| by gas. Mr.. Cox said il was the same cell in
which the Republicans had placed Stewart
/ and Irvine. Mr.. Hall said in this cell was now
Gov. Wells, man of over 40 years of age, on
a bed OF sickness. Mr.. Cox claimed that the
room was both well ventilated and well light
! ed. The House went into committee of the
whole on the deficiency bill, but action was
deferred, and the House adjourned.
The entire time on the Sth was &C.
cupiedswith arguments relative to tie eligibil-
| ity OF Humphrey, one OF the Florida electors.
/ Humphrey held the Office OF u. s. Shipping
Commissioner. The appointment was made
| by JudgelWood OF Ohio, a u. S. Circuit Judge
who holds court at Pensacola, Florida. Hum
phrey wrote Judge Wood on the ID of 0cto-
Der, rendering his resignation, and 1t was ac-
cepted 10y Judge Wood. The Democrats
| claim that such resignation could not be legal
ly accepted except when the court was in ses-
sion at Pensacola, and as there has been no
such term.oi court, Humphrey was according
1 ly government officer when he voted in the
electoral college, and was consequently dis
qualified. Judge Hoadley and Richard Mer-
rick presented the argument for the Demo-
Gratis, and Samuel Shellabarger, and VIM.
Evarts, tor the Republicans. Their speeches
occupied the entire day.
The electoral Commission was in
secret session the entire day ON the 9th,
and until half-past eight in the evening,
considering the eligibility of Humphreys the
Florida elector. Every member of the COM
mission made speech. At one stage of the
proceedings, Senator Thurman offered reso-
luton declaring there was no sufficient evil
denee to show that Humphreys was not a
Shipping Commissioner on the 9TH of Novem-
Der. This resolution was criticised by sever
| al Republicans, on the ground that it might
carry an implication that if Humphreys had
been such Commissioner on the 9TH 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 efectual, be-
ing rendered and accepted before the election.
! About six O'Clock in the evening the debate
ended. Senator Fdmunds submitted resolu-
ton declaring in substance that the four Re-
publican electoral votes of Florida should be
counted, and embodying various reasons ioi
such declaring.
Representative Kunton offered the following
as substitute
Resolved That fbp electors named in cprti
fcate No. Q, to-wit: Wilkinson Call, j. T.
Yange, Robert Bullock and Robert B. Helto
are the four persons who were duly appoin 81
electors by the State of Florida ON the 9TH day
of November, and that their votes, certified
by such certificate, are the votes provided fo
10y the constitution OF the United States.
This substitute was rejected by the following
vote:
Yeas-Abbott. Bayard, Clifford, Field, Hun
ton, Thurman, Payne.
Nays-Brad iey, Edmunds, Frelinghuysen
} Garfield, Hoar, Miller, Morton, Strong.-S.
Mr.. Edmunds then withdrew his resOlu
ton, and Mr.. Garfield offered the following
which was adopted:
Resolved, That four persons to wit: Fred
erick G Humphreys, Chas. w. Pierce, VIM
II. Holden and ThOs. w. Long were duly ap
! pointed electors of President and Vice Presi
dent for the State OF Florida, and that tn
votes cast by the Aforesaid four persons ar
the votes provided for by the constitution C
the United States.
; The vote in detail on the adoption of thi
resolution was as follows:
! Yeas-Bradley, Garfield, Morton, Edmunds
. HOar, Strong, Frelipghuysen, Miller--S.
? Nays-AbbOtt, Field, Thurman, Bayard
I Hunton, Clifford, Payne.
I On motion OF Mr.. Garfield, Messrs. Ed
munds, Bradley and Miller were appointed
, committee to draft the report of the decision
of the Commission, with brief statements G
, the reasons therefor, to be signed by tn
. members agreeing thereon, and to be trans
I Initted to the joint session of the two house
as requiredby the electoral act.
!. The argumentative resolution previousl
offered and withdrawn by Edmunds was ad
opted by tue committee of three, with a fey
verbal changes, rs their report and about
o'clock it was signed by the eight member
: OF the Commission who had voted for the ac
option of Garfeld's resolution.
7 At p. NJ. on the 10th, both House
4 of Congress met in Joint convention to receiv
: the report of the commission upon the case c
Florida.
The electoral commission stated tn
n grounds of their decision in the case of FlOri
da as follows: That it is not competent un
! der the constitution and law as 1t existed a
, ! the date of the passage of the act constitutin
: the Commission TO go into evidence ali undi
: I'D the papers opened by the President of tn
; SelIate in the presence Ofthe tive Houses {
prove that other persons than those regularl
-. certified TO by the Governor of Florida accord
/ ing to the determination and declaration c
: their appointment by the Board OF State Can
: vassers prior to the time required for the per
= iormance of their duties, had been appointet
: electors, or by counter proof to show tina
they had not, and that all proceedings of tn
courts or acts of the Legislature or Ofthe exec
utive of Florida subsequent to the casting G
he votes OF the electors on the prescribed da
are inadmissible for any such purpose.
As to the objection made 20 the elieibilit,
of Humphreys, the commission is of thee pin
ion that without reference 10 the question o
the effect of the vote of an ineligible elector
!, the evidence does not show he held the ofFic
d OF shipping commissioner ON the day whel
n the electors were appointed. The Commits
n sion also decided that as consequence ef tn