Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-03-14
DECISION BY THEELEC7 ORAL
COMMISSION.

Oregon, They have deemed il more
important to count Hayes into the
Presidency than to ascertain his right
thereto. The Commission has present
cd such strange and monstrous con-
clusions in law and equity tina: there
is natural repugnance to swallowing
them on the part of every healthy and
well organized mind. The general
principle Of the validity of fraud laid
down by the Commission in all the
Judgments which it has thus far ren.
dered is so essentially immoral that
sensible men see il to be dangerous to
society and the decisions have been
marked by such slovenly haste in the
work of "railroading Hayes into the
White House that the details are full
of inconsistencies. II would have been
better to have gone more slowly and
more securely, il, indeed, there be any
way of walking surely without walk
ing uprightly. On the 9th Of February
the Commission rendered its decision
in the Florida case in favor of the
Hayes electors, and said;
eThc ground of this decision, stated
briefly, as required by said act, is as
follows; That il isnot competent under
the Constitution and the law as IL ex
listed at the date of the passage of said
act, to 60 TO evidence aiiunde the pa
pers opened by the President Of the
Senate in the presence of the two
Houses, to prove that other personi
than those regularly certified to by
the Governor of the State of Florids
in and according to the determination
and declaration OF their appointment
by the Board of State Canvassers o
said State prior to the time require,
for the performance of their duties
had been appointed electors"
Six days afterwards the Commission
rendered a decision in the Liouisiani
case, and stated its inability to 20 be
hind the Governors certificate base,
on the canvass, in exactly the language
with the exception Of the phrase 'ccr
tilted TO BY the Governor Of the Stat
of Florida" But there is remarka
BILE change Of phraselogy in the dc
cision Of the Oregon case rendered ol
February 23d. 1t runs;
"The brief ground Of this decision
is, that il appears, upon such cvidenc
rs by tho Constitution and the lay
named in said act of Congress is com
petent and pertinent to the considera
ton of the subject, that the before
mentioned electors appear to have bee
lawfully appointed such electors @
President aud Vice President of th
; United States for the term beginning
March 4, A. d. 1877, for the State O
Oregon, apd that they voted as such a
the time and in the manner provide,
for by the Constitution of the Unite
,, States and the law. And they ar
) further Of opinion that by the laws q
the State of Oregon the duty OF car
vassing the returns of all the vote
given at an election Of President an
Vice President was imposed upon th
Secretary of State and upon no on
else. That the Secretary Of State di
canvass these returns in the case be
fore us, and thereby asccrtained tha
J. G. Cartwright, W. II. Odell and J
W. Watts had a majority of all th
votes given for electors and had th
highest number of votes for that ofiic,
and by the express language of th
statute those persons are dccme
elected"
Here there is no flourish about tn
Governors certificate, and further OF
the declaration is made that the fail
ure OF the Governor to give any per
sons 80 "decmed elected certificate
did not "have the effect of defeating
their appointment" Thus the com
mission declares in two decisions tha
the Governors certificate is essentia
to the legality Of the choice of an clec
tor, even when canvassing and re
turning board pass upon the question
before him but where he is associa
ted with a Secretary of State in th
canvass, and acts as a check upon tba
official, his certificate is pronounced
useless. The important admission /
also made that the appointment o
Watts consisted in his receiving th,
most votes, whereas the Constitution
expressly declares that he was incligi
bic when voted for In the case of th,
Vermont Postmaster, the Republican
claimed at first that bis appointment
as elector was not completed by thu
mere act Of election, by the Governcri
certificate. However, let us continu,
our citations. In the Florida decision
Of February 9th the Commission said
"As TO tho objection made to th,
eligibility Of Mr. Humphrics, the Com
mission is Of the opinion that withou,
reference to the question of the cffec,
of the vote Of an eligible elcctor, tn,
evidence docs not show that he held
the office Of Shipping Commissioned
on the day when the electors were ap
pointed" HIII
There is nothing diiuadc here, bu,
on February 18th tho Commission in