The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-15
HAYES CAPTURES rLoR1pA.
Decision Of the Commission ln Favor OF
the Stcarns Electors,


propositions were INTRODUCED but only
two were voted on. The resolution that
the ineligibiIty of Humphreys, one Of the
electors, WAS not proved did not come tn
vote, a. il was not necessary. 1t would
have been unanimously adopted if it had
been voted on. The resolution that the
Tilden electors were entitled to cnst the
vote of the State was rejected by 7 tD 8.
q partisan division. Then came the reso.
luton that the Hayes electors were en-.
titled TO cast the vote of the State. and
this was adopted by 8 to 7, Mr. Justice
Bradley voting in each case with the Re-
publicans After q recess the report WAS
drawn up, which will bc sent into Con-
gress Tomorrow, and this was signed by
the eight members who supported it. the
seven Others not signing it, Of course,
The ground taken in this report is sub
stantialIy that maintained by the Repub.
licans throughout the discussion. It is
that the Governors certificate ana the
certificate Of the Returning Board are
final and conclusive; that they cannot
be looked behind, and chat the Hnycs
electors having these they cast the vote
of Florida.
1t was urged on the other side that this
was to give TO the Returning Board, con-
sistiny of but three men, all Of them sub
ordinate officers. men Of no high or last
ing functions, and of evanescent official
character, q power dangerously great !;
that it places them above the Supreme
Court Of the State. the highest and most
permanent judicial officers within It {;
that it gave them greater power and
made them superior to the Legislature,
who are the people oi the State, and that
il set precedent favorable to corruption
and dangerous to the country. All this
did not avail The Republicans adhered
to their simple proposition that the acts
of returning board are not subject to
revision 10y any authority, whether of the
State or the Congress; that when the
three officers Of that Board in Florida de-
clarcd the Hayes electors chosen that was
final and it WAS even asserted that the
Board itself could not lawfully reverse or
reconsider its own decision. The COM
mission of course examined with great
care the three certificates and the accom-.
panying documents. 1t was shown in
those of the Tilden electors that the Su.
prcme Court of the State hud decided
against the right of the Hayes elactnrs
and in favor of the Tilden electors. The
recnnvass of the vote by :he order of the
Legislature was also shown and the result
certified in detail, proving that the Til.
den electors had majority Of votes, az
well as the action of the Governor, crrti-
Tying the action Of the Legislature. All
this was gone over carefully, yet the Re.
publicans were immovable. They still
adhered to their proposition that all this
was vain and of no account, and indeed
took the ground of Judge Matthews that
no matter what rights or wrongs were
shown by investigating, no matter how
clearly it WAS proved that the Tildrn
electors had r majority, aud were there.
fore de jurc the electors, the simple decla.
ration Of the three men who constituted
the Returning Board, though contrary .l
acknowledged truth, was final.
It WAS shown furthermore that the Re.
turning Board had openly confessed fraud
in the change it made from Stearns to
Drew in its re-canvass that this cOrrec-
tion, plainly made because the Returning
B"nrd saw that fraud dirct ~ and
clearly proTnble in the State courts was
! sure to be exposed and remcdied, cast
just suspicion upon the declaration in
favor of the Hayes electors, and made il
proper that I'T0';e shou!i &c admitted 6!
fraud in that count. But the RApubli.
cans still adhere to their position that the
action Of the Returning Board could not
be impeachcd, could not be looked into
and was final and conclusive Of the whole
matter.
The discussion was earnest but not bit
ter. The Democrats carefully explored
and laid before their fellow members the
whole facts in regard t0 Florida, and these
were considered from every legnl and
IA
known that tho Republicans set up any
denial of these facts, which indeed are
established on competent evidence, and
show that the State was undoubtedly car
ricd for the Tildcn electors, and that the
Returning Board oy omissions and
changes OF votes, NIL contrary to the law
which created and defines its duty, gave
the votes 20 the Hayes electors. To all
this the reply was the action Of three Off
GERS who constituted the Returning
Board, and who having given the vote of
the State TO Hayes. Mt once disappeared
from the public view-that their net was
final, incontrovertible; irreversble by
any authority whatever, whether State or
nntional, and could not even be inquired
into. 1t is q little curious that the posi-
tion thus taken was furnished to the Re.
publican members of the commission by
Judge Matthews, who is near relative
to Governor Hayes. He held in his ar.
gument that
THAT budy Of electors, which, with an
apparent right and paper title and in
possession Of the function, franchise or
office, actually exercises it, is, for the
purposes Of this tribunal. the lawful body
whose votes must be counted. II is mt
necessarily the body which, upnn suhse.
quent proceedings, may be ascertained tn
have had de jurs title, but it is that BODY
which by the color nf office. having the
formal external proofs Of authority, Ma
in rnint Of fact inductcd into possession
OF the power to cast that vote, and who
did it. In other words, who, under the
law Of Florida. were on the 9th day of
December, 1875, ds Eacte electors for that
State"
I. is said that Messrs. Moron and Gar.
field carried on most of the discussion on
the Republican side, the other Republi.
can members saving comparatively little.
Nearly all the Democrats took an active
part in tae discussion.
WASHINGTON, Feb. 10.
The committee appointed to draft
report of the decision of the Commits
sion, with brief statement Of the rea.
sOns therefor, consisted of Edmunds.
Bradley and Miller, who prepared the
annexed report, which was signed by the
eight members who supported the ,lecis-
ion. When the joint session convened,
the President of the Senate ordered the
report to be .ea'l. Is follows:
EI.Er.rnn CnMuIsernN
yVAaUINGT0N II q Fob q 1877