The Portland daily press., 1877-02-08
The Electoral Count.
The Commission Decides Not to
go Behind the Certificates.
Decision Satisfactory
to Republicans.

WASHINGTON Feb. THE Electoral Com
mission by vote of against7 decided that
no evidence can be admitted or considered by
them 10 the Florida case except the various
electoral certificates and such evidence as shall
be submitted on the question of the eligibility
of Humphreys as Presidential elector. The
vote stood as follows:
In favor of the decision-Justices Strong
Miller and Bradley; Senators Edmunds, Nor
ton and Freliughuysep, and Representatives
Garfield and Hoar.
Against the decsiou-Jusces Clifford aud
Field; Senators Thurman and Bayard; Repre-
sentatves Payne, Hunton and Abbott.
The doors were opened at 8 80, the Commits
sion having short time previously adjourned
till II o'clock tomorrow morning when further
proceedings will be held in public,
The secretary OF the commission was ms
tructed to inform counsel on the respective
sides that at IL o'clock tomorrow it would be
prepared to hea7 argument on the question of
the eligibility Of Frederick G. Humphreys as
an elector. Humphrey 50 one of the Repubi
can electors and the question raised as TO his
eligibility is that he was at the date of his
election U. S. Shipping Commissioner, VIII ch
is alleged to be such an office of trust and
profit as to disqualify him from acting as an
elector, but which office it is asserted by the
Republicans he resigned before the election.
The commission by their decision will have
before them in the Florida case three sets of
papers, namely: Q) the certificate of the Hayes
electors; (2) that OF the Tilden electors; ~
paper containing the record of the Circuit
Court of Florida on the quo aodrrdnto and the
subsequent action of the Legislature of that
state.
The Republicans express themselves eratifed
| with the decision of the commission, while the
Democrats are somewhat discouraged by it,
The former claim that no consequence will be
attached to the quo acarranto proceedings of
the Circuit Court of Florida, as they are now
| under appeal to the Supreme Court of that state
and therefore are not final. 1t seems to be the
prevalent belief that the ultimate decision will
be IN favor of Hayes and Wheeler in the case
of the Florida electors, and that the course in
this case Will be pursued with regard to Lou
isana where there are two alleged ineligible
| electors and more tLan one return.
| A prominent Democrat of the commission
| said this afternoon that the meaning of the
vote of the com mission is that the ministerial
! acts OF the state executive officers are to be
| respected, but not those of the judiciary. He
added, however, that as the Democratic certtl-
Gates embody the proceedings of the court they
will by this decision be fully opened up for
consultation and argument The Democrats
| also lind some satisfaction in the fact that the
rule established by the commission will lead to
| ascertaining that Watts, the Republican elect
| or in Oregon " as ineligible at the time of his
election and hence only two Republican elect
ors from that state can be counted, Mr. Cronin,
(Dem) being the third elector. On this sup.
position they think the Democrats still have a
chance for the Presidency, and that the cleo
| ton may be thrown into the House where Til
oen would be elected, and that in such an event
the choice of Wheeler as Vice President would
| devolve on the Senate.
The decision of the commission is discussed
at the hotels and in private political circles to-
| night, all conceding that the Republicans
seemingly have the advantage. The Demo.
Gratis express regret that the parties were strict
| ly divided on the subject as pertinent
to the enquiry into the eligibility of Frederick
.. Humphreys, as proposed by the commits
sion.
The committee on privileges and elections to-
day examined that gentleman in accordance
| with the instructions of the Seuate His evil
| dence was to the effect that he resigned the
office of shipping commissioner of Pensacola,
| Sept. 24th; that his resignation was accepted
aud that Hiram Potter, Collector of port, as
sumed the duties and had discl arged them
ever since; that he (Humphreys) had in no
way had any connection with the office since
his resignation.
The Democrats 10 Object to Illinois.
An objection will be made from the Demo
cratic side to counting the vote of illinois when
the two houses shall again meet in joint session
to count the electoral votes The basis of such
objection is the following information received
this afternoon by Hon VIM Nj. Springer Of
that state, and dated Springfield, February
18th:
Mr.. Chatfee, Hayes eector was q. S. Com.
missioner for the southern district of Hi OILS
when elected He acted as an elector without
resigning his office. The proof is positive He
is here and admits it, and the RECORDS show it.
(Signed) G. W. WENDLUNG,
JONI Ell. OBERLY,
| E. L. MERRITT
AS there is only one return from Illinois the
objection of counting the vote is required to be
signed by at least one Senator and one mem bel
OF the House, whereupon the two Houses wi
separate for action. No vote or votes from any
state from which but one return has been re-
ceived can be rejected except by the affirmative
| vote OF the two Houses. This case will not be
| snbjeo5 TO the electoral commission