The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-02-22
MAK1NG A PRESIDENT.
PROCEEDINGS IN TIE ELECTORAL COUNT.
THE LOUISIANA CASE SETTLED.
THE VOTE EIGHT TO SEVEN.

| fA a. 2lO 4 4 81 A A q n II - 4. Il X L. ~ -.
TILE VOTE EIGHT TO SEVEN.
| On Friday evening last, the 10th, the Elec-
tortl Commission decided by u vote OF eight
to seven, that no evidence should be received
in the Louisiana case. except the electoral GER
tificates, and subsequently declared the vote
of that State for Hayes and Wheeler. 1t was
rumored on the streets of Washington, and
telcgraphed to this city, that tile Commission
had determined to receive evidence. The
Democrats were accordingly jubilant, as it
would delay sIle final action OF the Commits
sion, and encouraged hope that something
might occur to aid in the election OF Tilden.
| The announcement Of the action of the Com
| mission, was, therefore, great disappoint-
ment, and the occasion OF much bitter feel
ing, and many imprndent expressions.
AT $ o'clock, counsel on each side were
sent for.
They had been waiting for the summons in II
private room Of the Supreme Court. and when adj
vised that the Commission were prepared to re-
ceive them, they entered the Court room in u
body. Sometime elapsed before the doors were
opened to members Of Congress and those who
had tickets Of admission, and when they were
opened frantic rush was made for the interior.
which was soon uncomfortably filed.
PROCEEDINGS or THE SECRET SESSION.
The following are the resolutions acted upon
by the Commission in their secret session, and
afterwards reported to COUNSEL
Mr.. Hoar submitted the following:
''Ordered, Tnat the evidence be not received.
Mr.. Abbott offered the following as substl-
tute
'Hss0icsd. That evidence be received to show
that so much OF the act Of Louisiana establishing
tional and ne acts OF said Returning Board are
yoid.''
This rejected by the
FOLLOWING VOTE:
Yeas-Messrs Abbott. Bayard Clifford, Field.
Hunton. Payne and Thurman-7.
Nays-Messrs. Bradley, Edmunds Frelnghuy
sen. Garfield, Hoar. Miller, Morton and Strong-s.
MI. Abbott offered another substitute, as fol-
lows
.Resoleed, That evidence will be received to
the time OF canvassing and compiling the vote Of
that state at The last election in that State was
not legally constituted under the law establish
ing 1t, in this. that it was composed OF four per-
sons OF one political party, instead of five persons
Of different parties. Rejected by the same vote
Mr.. Abbott then offered another substitute:
Resotoed, That the Commission will receive tes-
timony the subject OF the frauds alleged in the
Gates and 3. Rejected by the same vote.
Mr.. Abbott then offered fourth substitute:
Resoired. That testimony tending to show that
the so-called Returning Board of Louisiana had
no jnris LECTION to canvass the votes for Electors
for President and Vice President is admissible
Rejected by the same vote.
Mr.. Abbott offered fifth, which was rejected
by the same vote. which was as follows:
Resotred, That evidence is admissible that the
statements and affdavits purporting to have
been made and forwarded to said Returning
Board III pursuance of the provisions of section
intimidation and violence at near certain polls
and in certain parishes, were false and fabrica-
under the direction and knowledge OF said Re-
turning Board; that said Returning Board know
ing the said statements and atldavits to be false
and forged. and that none OF such statements and
aftidavits We're made in the manner or form or
within the time required by law, did, knowingly,
wilfully and fraudulently fail and refuse to can
vass or compile more than 10000 votes cast as is
shown by the Commissioner OF Elections.
Mr. Hunton offered q sixth substitute, fol-
Resolred, That evidence be received to prove
that votes cast and given at said election the
by the Commissioners of Election for the said |
polls and voting places in said State, have never
been compiled nor canvassed, and that the said |
Returning Board never even pretended to com |
pile or canvass the returns by said Commission |
ers OF Election but that said Returning Board
only pretended to canvass returns made by State !
Supervisors CT Registration.
Rejected by the same vote.
A seventh substitute was offered by Mr. Bay- |
ard, follows:
ResoIced, That person holding an office Of |
trust profit under the United States is eligible
to be appointed an Elector, and that this Com
mission Will receive evidence tending to prove
said billy as offered by the counsel for OBJ
Rejected by the same vote.
JUSTICE FIELDS SUBSTITUTE
Mr.; Justice Field offered the eighth and last |
substitute, as follows:
Resolved, That in the opinion OF the Commits |
sion evidence is admissible upon the several mat
tiers which the counsel for directors to certii- |
Gates numbers one and three offered to prove |
This was also rejected by the same vote and the |
question on the original order, submitted by Mr..
Hoar, came up, viz
That the evidence offered be not received.
Mr. Payne moved to strike out the word mot" |
Rejected by the same vote
TIE ORIGINAL ORDER ADOPTED.
The vote on the original order was then taken,
and it was adopted by the following vote:
Yeas-Messrs. Bradley Edmunds, Frelinghuy-
Nays-Messrs. Abbott, Bayard, Clifford Field, l.
Hunton, Payne and Thurman.
After the conclusion had been reached by the
Commission counsel were admitted and the above
resolutions read by the Secretary. AS as the
nnai vote had "a. been taken, Mr.. Justice Field
from the proceedings of the Commission and il
was so ordered unanimously.
COUNSEL DECLINE FURTHER ARGUMENT
Mr.: Hoar Inquired of the Chair whether any of
the time to which counsel were entitled under
the order Of the Commission remained or wheth-
er it had been exhausted. The Court replied that
the time for directors to numbers one and three
was exhausted. On the part OF directors to GER
tifcate No. he believed ten minutes remained.
but the time had been substantially exhausted.
each side for the respective counsel to sum up
the case.
Mr. Garfield said that the order had been al
ready ma de that each side should have four and
a-half hours, and that the time should be used as
they chose on the nterlocutory question He |
considered he ought to stand on the order and
should vote against the motion Counsel them
selves had not asked 1t.
Judge Clifford inquired if they were satisfied 70
rest their case.
Mr.. Evarts said they were satisfied with the
case as it Stood
Justice Clifford asked il the onnosinr ronnsa1 |
agreed to it.
Judge Campbell said they had nothing to add
under the circumstances.
Commissioner Abbott understand you Judge
Campbell, to say that the Commission having
ruled out al the evidence you offered you have
nothing further to urge?
Judge Campbell-Yes, sir.
Justice Clifford said the motion was then with
drawn
REPORT OF THE CASE.
Commissioner Morton moved that three mem.
bers OF the Commission be appointed to prepare