The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-02-22

le Senate arrived with a message from
ne Senate, but was not recognized by the
At the end of the reading the
peaker laid before the House a communi-
from Justice Clifford, President OF
be Electoral Commission, informing the
louise that the Commission had arrived at
decision of the Louisiana case, and had
the decision to the presence of
he two houses. Mr.. Lamar offered a resolu-
ion directing the Clerk of the House to
INFORM the Senate it would be ready to re-
,eiye that body at ii o'clock Monday next,
or the purpose of proceeding with the
of the Electoral votes.
Mr.. Kasson-I raise the point of order
that there is a message from the Senate.
The Speaker-The Chair is moi aware of
the fact, and does not desire to interrupt the
message. The Chair, on the contrary, has
to the House the fact as COM
from the President of the Com
Mr.. Resembles the Chair permit me to
a point of order? [Shouts of "no,"
on the Democratic side.l
Mr.. Kasson--I I'm addressing the Chair.
The message from the Senate pertains to the
question before the House.
Mr.. Luttrell-How does the gentleman
know that?
The Speaker-The Chair overrules the
point of order. before the announcement
of the vote, the Secretary of the Senate was
recognized by the Speaker, and he commu-
nicated the message that the Senate was now
ready to meet the House in joint conven-
ton, and proceed with the counting of the
Electoral votes.] The resolution was then
adopted-yeas 152, y Ill. Among the
nays were the following Democrats: Messrs.
Anderson, Goodin, Hayward, Potter,
Southland, Tarbox, Walling, Wells, of Mis-
souri,, Whitehouse and Whiting.
MI. Lamar moved that the House take a
recess until Monday at ten O'Clock. Mr..
Sayler asked leave to make a report of the
South Carolina Investigating Committee,
but objection was made. Mr.. Lamar's mo-
ton was agreed to-yeas, 149 nays, 107-
and the House took a recess. A Democratic
caucus was announced for this evening,
amid cries of "Now, now" from many
Democrats, but the suggestion was not
needed.
The Trtparttte Commission.
The Electoral Commission was called to
order at 4:30 p. M, February II, and re-
ceived the certificates and accompanying
papers in the case of Louisiana, from. the
presiding officer of the joint session.
Upon the arrival of the various counsel
Field, Campbell, Trumbuli, Carpenter,
Merrick, Hoadly, and Green for the Demo
cratic side of the question, and Evarts
Matthews, S~hellabarger, and Stoughton.
for the Republican side, the presiding
directors. Mr.. Field responded that Sena
tor Mcdonald and Mr.. jerks, of the House
would appear as DIRECTORS to the certificates
Nos. 1 and 8. Mr.. Evarts announced thai
Mr.. Howe, of the Senate, and Mr.
S~hellabarger would appear as DIRECTORS tt
No. q. The Commission then adjourned
until II a. m. tomorrow.
On February Is, argument was begun be
fore the Commission by Senator Mcdonald
who supported the objections to the Haye
certificates from Louisiana. In the election
of 1872 the vote of Louisiana had been re
jected because the Returning Board had no
complied with the law, and they nov
proposed to show the law had not beer
complied with in the present case
The two Houses of Congress mad alread,
taken steps to inquire into the legality o
the election in louisiana, and Mr.. Melon
aid maintained that the Commission, pos
sessing the powers of the two Houses, ha,
the right, and it was their duty, TO conside
the information in possession of the tw
Houses. Speeches were also made in be
half of the Democrats by Mr.. jerks an
of the Republicans by Mr.. Hurlbut.
Senator Howe spoke in behalf of the RI
publican DIRECTORS. He objected to tn
counting of votes rendered by McEnery an
his associates, OF the ground that McEner
was not authorized to give certificates.
At the close of Mr.. Howe's argumen
Judge Campbell informed the Commissio
that Messrs. Carpenter, Trumbull and hin
self would appear as counsel for the DEM
cratic side, and Mr.. Evarts announced ths
Messrs. Stoughton, Shellabarger and himse
would appear for the Republicans. TIL
Court took a recess, and in the afternoo
Mr.. Carpenter addressed the Commission
and argued that the Louisiana Returnir
Board was not a legal body.
Mr.. Carpenter concluded his speech b
fore the Commission on the morning
: February IA, and was followed by ex-Senat'
!, Trumbun in a speech of two hours. Afte
ward E. W. Stoughton and Judge Shell
barger spoke for the Republicans. I'll
principal points made on the Democrat
) side were: That the Louisiana ReturniI
, Board had no authority to canvass the
! turns for Presidential Electors, because Il
! law of 1872, creating the board, does n
\ say expressly that they shall do S
8 that if they possessed the power tn,
! did not exercise it in obedience to t
y law, having thrown out returns witho
: the legal foundation of proof require
y and that their acts are, therefore, vol
E that if the Board had the power to canvs
= the vote for Electors, then the Electol
College had no power to fill vacanci
y because the Electoral law of 1872 repeal
the whole of the law of 1868, which contain
the only provision for filling such v~acancit
L that the. acts of the Board are void becar
, the one vacancy upon it was not filled
, the appointments of a Democrat.
To which the Republicans replied, tn
by a Supreme Court decision, and by an
y ray of other high Judicial authority, I
e law of 1872 can not be interpreted to VIC
as the repeal of the section of the act
- 1868 which provides for filling vacancies
- the Electoral College; the failure to fill
vacancy in the board by the appointment
"a a Democrat, they assert, was a disregard
~ q directory requirement, reprehensible
~ doubt, but not affecting the jurisdiction
y, the board. Numerous decisions were CT
&c n to sustain this position.
o. As soon as the commission had locked
y door of their consultation room, at
o'clock on the morning of February 16,
debate on the Louisiana case began,
lasted continuously to four o'clock in
~ afternoon, the hour agreed VI
w for a vote on the preliminary question
evidence.
ILNc Senator Morton spoke first, and was
le, lowed by Thurman, Garfield, Bayard,
~ munds, Hunter and Hoar, in the or
" named. By the time Mr.. HOar had finish
", it was after three o'clock, and Judge Brad
u had not yet spoken. All the interest
M tered upon him. Every one recognized t
~ he held in his hand the whole power of m
~ ing the President, and that upon the wo
nn he was then to speak depended the set
"a ment of the great controversy.
The position taken by Judge Bradley,
ha g by the other Republicans, in respect to
alleged differences between the Florida
=, and the Louisiana case, growing out of
" allegations of fraud and forgery in the lat
was that there was no substantial differe
in the cases as presented to the tribunal.
,T each, the certificate of the Governor
pm regular in form, and based upon the autl
itative declaration of the Canvassidg Bo
The Democrats maintain that the retu
themselves should have been produ
.s Us before the commission. But to this the
,s publicans reply that the commits,
tn -