Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-03-10
The Joint Convention for Counting the
Electoral Votes.


decision relating to the Louisiana mstter, the
Joint convention of the Senate and House met
The presiding officer said "The Joint meeting
of Congress resumes its session. The objec-
tons presented to the certificates from the
State of Louisiana having been submitted to
the commission, the two houses have reconven-
ed to receive and consider the decision of that
tribunal in writing by a majority of the COM
missioners and signed by q majority of the
commissioners agreeing thereto. 1t will now
be read by the secretary of the Senate" The
decision was then read as follows The Electoral
commission mentioned in said act having re-
ceived certain certificates and papers purport-
ing to be certificates and papers accompanying
the same of the electoral vote from the State OF
Louisiana and the objections thereto submitted
to 1t under said act, now report that it has duly
considered the same, pursuant to said act, and
has by majority of votes decided, and does
hereby decide, that the votes of William p
Kellogg, J. Henry Burch, Peter Joseph, /. A.
Sheldon, Morris Marks, Aaron B. Levisee
Orlando Fl. Brewster and Oscar Jefrrion, named
in the certificate of William P. Kellogg, gov
ernor Of said State, which votes are certified by
said persons as appears by the certificates sub
mitted to the commission as aforesaid, and
marked Nos. l and 8 by said commission and
herewith returned, are the votes provided for
by the Constitution of the United States and
that the same are lawfully to be counted as
therein certified, namely: Eight votes for
Rutherford B. Hayes of Ohio for President and
eight votes for William A. Wheeler of New York
for Vice-President.
The commission has, by majority of votes,
decided, and does hereby decide and report,
that the eight persons first before named were
duly appointed electors in and by the said State
of Louisiana.
The brief ground Of this decision is, that it
appears upon such evidence as by the Consti-
tuition and the law named in said act of Con-
gress is competent and pertinent to the consid-
Grafton of the subject, that the before mention
ed electors appear to have been lawfully ap-
pointed such electors of President and Vice
President of the United States, for the term
beginning March A, 1877, of the State of Loui-
siana, and that they voted as such at the time,
and in the manner provided for by the Consti-
tuition of the United States and the law.
And the commission has, by a majority of
votes decided that it is not competent under
the Constitution and the law as 1t existed at the
date of the passage of the said act, to go into
evidence dlinade the papers opened by the
president of the Senate i'll the presence of the
two houses to prove that other persons than
those regularly certified to by the governor of
the State on and according to the determine
ton of their appointment by the returning Off
GERS for elections in said State prior to the time
required for the performance of their duties
had been appointed electors, or by counter
proof to show that they had not, or that the
determination of said returning officers was not
in accordance with the truth and fact; the
commission, by a majority of votes, being of
opinion that it is not within the jurisdiction of
the two houses of Congress, assembled to count
the votes for President and Vice-President. to
enter upon a trial of such question.
The commission, by majority of votes, is
also of opinion that it is not competent to prove
| that any of said persons so appointed electors
as aforesaid held an Office of trust or profit un-
der the United States at the time when they
were appointed, or that they were ineligible
under the laws of the State, or any other mat
ter offered to be proved aliInde said certificates
and papers.
The commission is also of the opinion by a
majority of votes, that the returning officers
of elections who canvassed the votes at the
cleo ion for electors i'll Louisiana were lawful
ly constituted body by virtue of a constitutional
law, and that vacancy in said body did not
! vihate its proceedings.
The commission has also decided, and does
hereby decide by a majority of votes, and re-
port as consequence of the foregoing, and
upon the ground before stated, that the paper
purporting to be a certificate of the electoral
votes of said State of Louisiana, objected to
by L. o. Howe and Others marked N. G. G.
| No by the commission and herewith return
ed, is not the certificate of the votes provided
for by the Constitution of the United States.
and that they ought not to be counted as such.
Done at Washington Samuel f. Miller. W.
Strong, Joseph p. Bradley Geo. T. Edmunds,
o. p. Norton Fredk I. Frelinghuysen, James
A. Garfield, Geo. f. Hoar.
The decision having been read, the presiding
officer asked whether there were any objections
to the decision.
Mr.. Gibson (Dem.), of Louisiana, thereupon
rose and presented objections to the decision,
on the ground that the commission had re-
fused to receive evidence, which had been Of
fered, and had decided that the votes mention
ed in certificates Nos and should be count
ed for Hayes and Wheeler, such evidence to
the contrary notwithstanding. The paper re-
cites at great length the proceedings of the
commission, but the point of it is the rejection
Of the evidence. 1t is signed by most of the
Democrats in both houses.
Upon the presiding officer calling for further
objections, Senator Wallace (Dem.) of Penn
sylvania, rose and presented the following,
signed by number of senators and members
First-That the decision is in violation of
the Electoral act in this That by the act the
commission is required to decide whether any
and what votes from such State are the votes
provided for by the Constitution, and what per-
sons were duly appointed electors yet the
commission refused TO examine and ascertain
who were duly appointed electors in and by the
State of Louisiana, and what votes from that
State are within the provisions of the Constitu-
ton of the United States.
Second-Because the act creating the com
mission was passed to the end that the commits
sion would hear and examine evidence, and
honestly decide what electors in any dspu ed
State were fairly and legally chosen whereas,
the commission refused to hear and consider
the evidence offered to show that the electors
whose votes the commission had decided should
be counted were not duly chosen, but that they
had falsely and fraudulently acted as such
electors, and also refused offers to show that
the pretended certificates of election were pro
cured by corruption and wholly untrue.
Thrd-Because the decision is in disregard
of truth, justice and law, and establishes the
demoralizing and ominous doctrine that fraud
forgery, bribery and perjury can lawfully be
used as a means to make President of the
United States against the well known or easily
ascertained will of the people and of States
The presiding officer called for still further
objections, if any, and Mr.. Cochran Dem.) }, OF
Pennsylvania, presented this objection and pro
test
First-It was not denied before the commits
sion that the Tilden electors in Louisiana haC
received a large majority of the votes cast.
Second-It was not denied before the com,
mission that Wells and his associates, styling
Themselves a returning board. were guilty OF
gross fraud that their certificates given to the
Hayes electors were false and fraudulent OF
that their action in canvassing the votes were
in violation of the Constitution and laws of the
State of Louisiana.
Third-The action of the eight members OF
the commission in declining to hear evidence Of
those and other facts was violation of the
letter and spirit of the act under which the
commission was created, and of the spirit OF
the Constitution of the United States.
No further objection being presented the
presiding officer announced that the Senate
would withdraw to its chamber so that the two
houses might separately consider and decide
the objections.
After the debate in the House upon tho Elec.
toral commissioners decision in the louisiana
case, and the rejection in that body of the de.
cision by vote of l72 to so, the two houses
assembled in joint convention. and the electoral
| votes of Louisiana were counted for HAYES.