The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-03-02
scontinusd from First Pags.l
ouri, and wa. laid on the table, yeas

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o'clock, 90 that the House had spent over
IL hours in the struggle.
Mr.. OBrien then attempted TO otter
an order that the Senate be notified, the
intention being TO spend Q couple OF hours
over that, but the Speaker refused to
recognize him for that purpose,
and said. The Chair has allow
ed vote. of the House on
every Legitimate Legislative motion,
and now the House is brought TO the FOL
lowing paragraph in the law: When the
two houses shall have voted they snail
Immediately again meet, and the Presid-
ing officer snail then announce the de-
cision on the question submitted
The Senate has notified the House In re-
gard to its action on the objections to the
certificate from Vermont; the House has
reached its judgment on these objections,
and the duty is incumbent on the Char
tc notify the Senate of the fact. Ap-
plsuse.
Mr.. OBrien-Therefor l offer this
order.
The Spesker-The Chair cannot en-
tertaIn it.
MIR. Springer-I desire to submit a
proposition that the President OF the
Senate bring with him duplicate re-
turn.
Shouts of "Object"
Mr.. Cox-There is no use in edeavor-
ing TO prevent the Speaker from count
ing lin Hayes at once.
The Speaker-The gentlemen need
not object; the Chair has no authority to
receive any such motion.
Joint Convention.
Att o'clock the Senators. entered the
hall, and the action of each House on the
objections having been read, the pre-
siding officer announced that the two
Houses not concurrlng otherwise,
the electoral votes of Vermont
would be counted, and they were
thsrcu ,on declared MS for Hayes and
Wheeler.
Then the certificate of Virginia was
read and the votes of that State an
nounced as eleven tor Tilden and Hen
bricks.
Then came the vote OF West Virginia,
which was announced as FIVE for Tilden
and Hendricks. o
The next was that of the State of Wis
crnsin with ten votes for Hayes and
Wheeler.
The certificate of the State of Wis
consin having been read Mr.. Lynde pre-
ssnted objections signed by Senators
B4rnum, Mcdonald, Kelly, Cooper and
Johnston, and Representatives Lynd,
Burchard, Phillips, Tucker, Springer,
Price, Vance, Young and Money 10
counting the vote OF d. w. Downs, one
of the electors from the state of Wis
c,nsin, because he held the office of pen
sion surgeon and examining surgeon for
the pension office prior to and on No
vember 7, 1876, the day of the presidential
election, and on the 9th of December,
1876, on which day he assumed to cast
his vote as elector; that said office was
an office of profit, and trust and that said
Downs could not, therefore, be constitu-
.ionally appointed an elector for the
State of Wisconsin, or vote rs such
under the Constitution OF the United
States; that SAID Downs was not,
therefore, duly appointed an elector
lDr w dlii Ihob hio WV NoiiAOS
be constitutionsily counted.
The Senate, at 1l:25, retired TO its
chamber so that the two Houses might
srpsrately consider and determine the
objections.
AS soon as the Senate withdrew, Mr..
Mills rose to a privilege question, and
sent up q resolution to be read.
Mr.. Luttrell interpOsed with motion
for recess, but withdrew it TO allow Mr..
Mills resolution 10 be read. II read as
fellows:
WHEREAS, On the It'll of November,
1876, an election was held in the several
States for electors for President and Vice
President, ut which election a majority
of said electors were favorable to the
election OF Samuel j. Tilden for Presi-
dent and Thomas A. Hendricks for Vice
President, were duly and Constitutional
ly elected; and
WHEREAS, Returns of said election In
Louisiana and Florida were duly made
to the officers in said States whose duty
IL was, under the law, to aggregate the
votes and certificates of electors; and
WHEREAS, said returning officers will
fully, corruptly and traudulently sup
pressed the votes Of these electors, who
were duly and legally elected, and
Falsely and fraudulently certified to the
election OF persons who were defeated at
the ballot. box; and
WHEREAS, The Governors of said
States falsely ard fraudulently gave the
certificates of election to said persons
who were defeated, and refused them to
those persons who were elected; and
WHEREAS, Said falsa and fraudulent
certificates were referred to Commission
TO investigate and report to Congress
the true and constitutional electoral
votes of said States, and
WAEREAs, Said Commission refused
to investigate the question as to who
we're the true constitutional electors
chosen by the qualified voters of said
States; and
WHEREAS, 1t appears in the count OF
the electoral votes in the presence of the
senate and House of Representatives,
that on account of said frauds in sup
pressing the true votes and certifying
false votes, Samuel j. Tilden, although
having received q majority oi
All the electoral votes cast al
the ballot boxes IN the several States,
has not majority in said joint count OF
all the electors appointed In accordance
with the terms of the Constitution; and
WHEREAS, Rutherford B. Hayes has
not received majority of the Constitu-
tional electors duly and legally ap.
pointed, and the contingency provided
for by the Constitution having happened,
when il becomes the duty of the House
of Representatives to proceed immediate
~ to the election of President of the
United States for the ensuing tour years;
therefore
Resolred By the House Of Representa-
tires, That said House will proceed
Immediately, in obedience TO the Consti-
tuition, to chose president from the
parsons having the highest number Of
votes not exceeding 8 on the Inst of those
,,,,aI for "a prpsidantlal candidates