The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-12
WASHINGTON.
Electoral Commission.

hOl WAh GIONucu ukull tO'Nuyt uul Unly. u
small proportion Of those filling the halls
and corridors have the needinl tickets
Of admission to the galleries Of theHouse.
Precisely at ! o'clock the Senate took
their seats in joint session with the
House. President Ferry took the chair
anti read the following communication
WASHINGTON, Feb. 8, 1877.
SIR: am directed by the Electoral
Commission 10 inform the Senate that it
has considered and decided upon the
matters submitted TO il under the act Of
Congress concerning the Isame, touching
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
members agreeing therein, to he read at
the meeting Of the two Houses, according
to said act. All the certificates and pa.
pers sent to the Commission by the Presi.
dent Of the Senate are herewith returned.
NATHAN CLIFFORD,
President OF the Commission.
The Hon. Thomas ". Ferry, President ot
The Senate.
The following is the decision Of the
Commission referred Ia by Judge
Clifford:
ELECTORAL COMMISSION, 1
WAsHISGToN, D. C., Feb. y, 1877. !
70 hc President Of lie Seaaic efMs UVtca
SiGteS'
Presiding in the meeting OF the two
Houses OF Congress, under the act Of
Congress entitled "An act to provide for
and regulate the counting OF the votes
for President and Vice President, and the
decisions arising thereon, for the term
commencing March 4th, A. d. 1877" ap.
proved January 10Th, 1877. The EleCt0.
raj Commission mentioned in said act
having received certain certificates and
papers purporIing to he certificates and
papers accompanying the same, Of the
electoral votes OF the State OF Florida,
and the objections thereto, submitted to
it under said act, now report that il has
duly considered the same, pursuant 10
said act, and has decided, and does here
by decide, that the votes Of Frederick {.
Humphreys, Charles II. Pearce, William
II. Holden aud Thomas W. Long, named
in the certificate OF NJ. Il. Stearns, Gov
ernor Of said State, which votes are certi.
fed by said persons rs appears by the
certificate submitted 10 the Commission
as aforesaid, and marked number one by
said Commission, and herewith returned,
are the votes provided for by the Consti.
tuition OF the United States, and that the
same are lawfully TO be counted as there.
in certified, namely, four Gay votes for
Rutherford b. Hays, Of the State OF Ohio,
for President, and four (4) votes for
William A. Wheeler, Of the State OF New
York, for Vice President. The Com
mission also has decided, and hereby de-
cides and reports, that the four persons
first before named were duly appointed
electors in and by said State Of Florida.
The ground OF this decision, stated briefly
as required by said act, is as follows:
That it is not competent under the
Constitution and the law as it existed at
the date OF the passage Of said act to 90
into evidence aiiunde the papers opened
by the President OF the Senate, in the
presence OF the two houses, to prove that
other persons than those regularly Ger.
titled by the Governor OF the Stale
OF Florida in and according to
the determination and declaration Of the
Board Of State Canvassers Of said State
prior to the time required Tor the per-
formance OF their duties had been ap.
pointed electors, or by counter.proof to
show that they had not, and that all pro-
ceedings OF the courts or acts OF the Leg
isIature or Of the Executive OF Florida
subsequent TO the casting Of the votes OF
the electors on the prescribed day are in
admissible for any such purpose.
As to the objection made to the eligi-
bility OF Mr.. Humphreys, the commission
is Of opinion that without reference to
the question Of the effect Of the vote OF
an ineligible elector the evidence does
not show that he held the office OF Ship.
ping Commissioner on the day when the
electors were appointed.
The Commission has also decided, and
does hereby decide and report, that as a
consequence Of the foregoing and upon
the grounds stated, neither Of the papers
purporting to be certificates Of the elec.
toral votes Of said State OF Florida, mum.
bered two (2) and three (3) by the COM
mission, and herewith submitted, are the
certificates or the votes provided for by
the Constitution OF the United States
and that they ought not to be counted ms
such.
Done at Washington, the day and year
FIRST above written.
LSignedl SAM. F. MILLER,
W. STRONG,
JOSEPH p. BRADLEY,
Gro. +. EDMuNDs,
y. p. MORTON,
FRED. +. FRELINdHUsEN
JAMES A. GARFIELD,
GEORGE +. HoAR,
Commissioners,
As soon as the report had been read
written objections were made to it by
Representative Field on the part Of five
Senators and twelve Representative, and
the two houses separated.
DISCUSSION IN THE SENATE.
The Senate having returned to its own
chamber, the objections submitted by
Representative Field were taken mp for
consideration.
Objections having been called for by
President Ferry, Mr.. Field arose and said
the decision just read was objected TO for
the following reasons:
!. Because the commission has decided
that the votes cast by Pearce, Humph.
reys, Holden and Long on behalf Of the
State Of Florida are the true and lawful
votes OF said State, when the votes cast by
Messra. Call, Yonge, BulloCh and Hilton
are the true and lawful votes OF said
State.
.. Because the commission refused to
receive evidence that Pearce ct al. were
not appointed electors as required by law,
but were designated as such electors by
the returning board.
8. Because the decision was made in
pursuance Of an order which had been
previously made by the said commission
that they would limit tho evidence to he
taken.
4. Because the commission excluded
all evidence taken by the two houses OF
Congress as to frauds, &c, in the late
election in Florida.
8. Because the said decision excludes
all evidence tending 10 prove that the
certificates signed by Stearns, as COVER