The New York herald., 1877-02-10
FLORIDA FOR HAYES.
Decision Of the Commission in Favor
Of the Stearns Electors.
ACTION on THE CANVASSNG BOARD FINAL.
Congress No Power TO 90 Back
Of the Returns.
Z NO INVESTIGATION OF FRAUD.
The Report To Be Presented to
Congress To-Day.
REPUBLICANS EXULTANT
Democrats Disappointed but Phil
osUphical.
The Report To Be Presented to
Congress To-Day.
REPUBLICANS EXULTANT
Democrats Disappointed but Phil
osUphical.
GOVERNOR TILDEN AS A FATALIST.
FROM OUR SPECIAL CORRESPONDENT.

Tno Electoral Commission had long and anxious
day OF discussion and camc to vote lttlo before
SIX Thee propositions werc introduced, but only
two were voted Tho resolution that tho IN.
eligibility Of Humphreys, one Of tho electors, was
not proved did not vote, as It was not nec-
essary 1t would have boon unanimously adopted ifit
had boon voted on. The resolution that the Tildcn
electors entitled tho vote OF the State was
rejected by to g. partisan division. Then came tho
resolution that tho Hayes electors wore entitled TO
cast the vote Of the State and this adopted by to
Z, Mr. Justice Bradley voting in each with tho
republicans After the report was drawn up,
which will be sent into Congress tomorrow, and this
was signed by tho eight members who supported it,
the seven others signing It, OF course.
The ground taken this report is substantially that
maintained by the republicans throughout the discus
sion 1t that the Governors certificate and tho cor
tfcate OF tho Returning Board ore final and concu.
Sive tnat they cannot be looked benind and that the
Hayes electors having tnese they cast tho vote of
Florida.
TWAS urged on the other side that this was to give
to the Returning Board, consisting of but three mon,
oil Of thom subordinate ofncers men of NO high or
lasting functions, and OF evanescent oncia charater.
power dangerously great; that places them above
the Supreme Court OF the State tho highest and most
permanent judicial officers within It; that II gave
shem greater power and made them superior
10 tho Legislature, who are the people of the
State and that set precedent favorable to corrup-
ton and dangerous to the country. All this did not
avail Tho republicans adhered their simple propo-
stion that the acts Of returning board SUBJ
tect 70 revision by any authority, whether Of tho
State the Congress; that when tnree officers Of
that Board in Florida declared the Hayes electors
chosen that was final, and 1t even asserted that
tho Board itself could not lawfully reverse or recon.
slider its own decision. Tho commission of course
examined with great the three certificates and the
accompanying documenta It was shown In those
OF the Tilden electors that the Supreme Court
OF tho State had decided against tho right
Of the Hayes electors and in favor of the Tden elect
Tho recanvass Of the vote by the order Of tho
Legislature also shown and result certified in
ieai proving that the Tilden electors had majority
Of votes, as we'll the action OF the Governor Ger.
uying action of the Legislature All this gone
They still adhered to thcir proposition that all this
was vain and Of account, aud indeed took tho
ground Of Judge Matthews that mattor what
rights or wrongs were shown by investigating,
no matter how clearly was proved that
tho Tilden electors had q majority, and wore
therefore juro the electors, tho simple declaration
OF the three men who constituted tho Returning
Board. though contrary to acknowledged truth, was
nnaL
1t was shown furthermore that tho Returning Board
Stoarns to Drew its recanvass that this correction
plainly made because tho Returning Board saw that a
fraud directly and clearly provablo in the State
was sure be exposed and romedicd, just sus.
picion upon tho declaration In favor of the Hayes
electors and made it proper that proof should be ad
mitted of fraud In that count. But tho republicans
still adhered their position that tho action Of the
Returning Board could not be mpeached, could not be
looked into and was final and conclusive Of tho whole
matter.
Tho discussion was earnest but not bittcr. The
democrats carefully explored aud laid before their fe
low members tho whole facts In regard to Florida and
,nesc were considered from every legal and constu
ional point 1t is not known that the repub
cans up any denial Of these facts, which indeed
arc established on competent evidence, and that
The State was undoubtedly carried for the Tden cleo.
ors and that the Returning Board by omissions and
shaugcs votes all contrary tho law which created
snd defines ts duty gave the vote to the Hayes electors
TO all this tho reply that the action OF the three
officers who constituted tho Returning Doard, and who
having given tho vote Of the State Hayes at once
disappeared IRON tho public vcw-that thoir act was
nna incontrovcrtblc; irrcvcrsibio by any authority
whatever whether State or national, and could not
oven bo inquired into It's li,,s curious that tho
position thus taken was furnished to the republican
members OF the. commission by Judge Matthews. who
s a near reasiad Of Governor Hayes He held In his
argument that
That body Of electors which, with an apparent right
xud paper ti:lc and In possession OF tho function,
frnnchso or Office, actually exercises H. is. for tho
purposes OF this tribunal, tho lawful body whose
must 10 counted. II Is not necessarily tho body
which, upon subsequent proceedings, may be asccr-
tanned to have had do juro ttlc but It Is that body
which by the color OF Office, having the formal extcr-
nal proofs OF authority In point Of fact inductcd
into tho power to cast that vo,c and who
did IT, In other Words who, under the law Of Florida
we're on the 9th day of December 1876 iac,o elcc
tors for that State.
uw said that Messra Morton and Garfield carried