The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-02-15
The Grand Commission.

SShaNS NANtEcu tue lOllONluK fcaQs
Electoral Commission, Washington,
February ., 1S77.-ro the President of
the Senate of the United States, pre-
siding in :he meeting of the two houses
of Congress, under an act of Congress,
entitled IAN act to provide for and
regulate the counting of the votes for
president and vice president, and the
decision Of questions arising thsrefrom,
for the term commencing March 4,
A. D. 1877" approved Jsnusry 90,
4. ID. 1877: The electoral commits
sion mentioned in said act having re-
ceived certain certificates and papers,
purporting to be certificates and pa
peTS accompanying the same, Of the
electoral vote of the State of Florida,
and the objections thereto submitted
TO it under said act, now report that it
has duly considered the testimony,
pursuant to sand act, and has decided,
And does hereby decide, that the votes
of Frederic G. Humphreys, Charles
Pearse, VIM. IL. Holden and Thomas
W. Long, named in the certificate OF
w. l.. SJearns, Governor of said State,
which votes ale certified by said per-
sons, as appears by the certificate sub
mItted to the commission aforesaid,
and marked number one by said COM
mission, and herewith returned for the
votes provided for by the Constitu-
ton of the United States, and that the
same are lawful to be counted as
therein certified, namely: tor II. B.
Hayes, of the State of Ohio, for Pres
idenL four votes; for William A.
Wheeler, of the State of New York,
for vice president four votes. The
commission also has decided, and
hereby decides and reports, that trJ>
four persons frs. before named were
duly appointed electors in and by said
State of Florida. The ground Of this
decision, stated briefly, as required by
the act, is as follows: That il Is not
competent, under the Constitution and
the law, as it existed at the GATE of the
passage of SAID act, to ge into evidence
upon the papers opened by the Pres
ident of the Senate, with the pres
ence of the two houses. AS to
the objections made to the eligibility
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 shipping commissioner on the day
the electors were appointed. The COM
mission has also decided, and does
hereby decide and report, that as .
consequence of the foregoing, and upon
the grounds stated, neither of the pa
pers purporting to be certificates of the
electoral votes of said State of Florida,
numbered two and three by the COM
mission, and herewith submitted, are
the certificates of said State, and they
ought not to be counted as such.
Done at Washington, the day aud
year first above written.
Samuel f. Miller, w. Strong, Joseph
Bradley, George +. Edmunds, o. p.
Morton, Frederic Frelinghuysen, James
A. Garfield, George +. Hoar, commis-
sioners.
The objection was then read and tho
joint session broke.
An objection is interposed by the
undersigned Senators and Representa-
tives TO the decision made by the COM
mission constituted by an act entitled
IAN act to approve and regulate the
counting of votes for president and
vice president, and the decision OF all
questions arising therefrom, for the
term commencing March A, AID 1877"
as to the true and legal vote of Flor
ida on the following grounds: The de-
cision determines that the vote cast by
@. Ii. Pearse, +. g. Humphreys, w.
s. Holden and II. w. Long as electors
for President and Vice President of
the United States in and for and on be-
half of the State of Florida is the true
and legal electoral vote OF said state,
when, In truth and in fact, the vote
cast by Wilkerson Call, j. e. Younge,
X. L. Hilton and Robert Bullock Is the
true and lawful vote OF Florida, for
| that the said commission refused TO re-
ceive competent and material evidence
tending to prove that @. ii. Pearse. f.
9. Humphreys, w. s. Holden and T.
w. Long were not the appointed cleo
torial voters in the manner prescribed
! by the Legislature of the State OF Flor
ida, but were designated AS electors by
the returning board Of said State, cor
ruptly and fraudulently in disregard
of the law and with the intent TO de-
feat the will Of the people expressed
in the choice Of WilkersOn Call, j. Z.
Younge, II. G. Hilton and Rooert Bull
lock, who were legally and regularly
appointed electors by the State OF Flor
ida in the manner prescribed By the
Legislature thereof.
3. For that the decision aforesaid is
founded upon the resolution and order
of said commission, previously made,
as follows:
Ordered, That no evidence will be
received or considered by the commis-
sion which was not submitted TO the
joint convention of the two houses by
the President of the Senate, with the
different certificates, except such Is re-
lates to the eligibility OF F. c. Humph-
reys, one of the electors.
4. For that said decision excludes
all evidence taken by the two houses
of Congress, by the committees OF each
house concerning frauds, errors and ir-
regularities committed by persons
whose certificates are taken as pr oof Of
the due appointment Of the elect ors.
8. For that said decision excludes al
evidence tending to prove that the cerl
| lluGhltb W DhchiIbg oDfItnOts ~ uiA4
that of the board of State canvassers,
was secured or given in pursuance OF a
fraudulent and corrupt conspiracy TO
cheat the State OF Florida out Of its
rightful choice of electors, and substi-
tute those who had not been chosen OF
appointed electors by said State In the
manner provided by the Legislature
thereof.
G. For that the said commission re-
fused to recognize the right Of the
courts of the State Of Florida to re-
ceive and reverse the judgment Of the
returning board or board OF canvass
ers, rendered through fraud and with
out Jurisdiction, and rejected and re-
fused to CONSIDER the action of said
courts after their decision that PeaFse,
Humphreys, Holden and Long were
not entitled 10 cast the electoral vote
OF the State of Florida, which said de-
cision was rendered by a court Of said
State and lawfully brought before said
court, which court had jurisdiction
over the subject matter thereof, and
whose Jurisdiction over the said Psarse,
Humphreys, Holden and Long had at
tached before any act was done By
EN- as electors.
z. For that the said decision ex-
cludes all evidence tending to show
that the State OF Florida, By all the de-
partments ofits government, Legislative,
Judicial and executive, had decided