Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1877-03-01

DoiNGs OF The ELECTORAL Com
MIssIoN.-On the 9th of February the
commission rendered its decision IN the
Florida case in favor of the Hayes eiec-
tors and said:
The ground of this decision stated
briefly as required by said act is as FOL-
lows: That it is not competent under
the Constitution and the law as it ex-
i>ted at the date OF the passage Of SAID
act, to go into evidence aliunde the pa
pers opened by the Preside Mt Of the SEN
ate in the presence of the two houses,
TO prove that other persons than those
regularly certified to by the Governor
of the State of Florida in and according
10 the determination and declaration OF
their appointment by the Board Of State
Canvassers Of said State prior to the
time required for the performance of
their duties, had been appointed cleo
tors"
Six days afterwards the commission
rendered decision in the Louisiana
case, and stated its inability to 60 be-
hind the Governors certificate based
on the canvass, IN exactly the same lam
guage, with the exception of the phrase
certified TO by the Governor Of the
State, instead Of certified TO BY the
Governor of the State Of Florida" But
there is remarkable change of phrase
ology in the decision OF the Oregon case
rendered on February %. II runs.
The brief ground of this decision is,
tha. ii appears, upon such evidence as
by the Constitution and the law named
in said act of Congress is competent and
pertinent to the consideration of the sub
Ject, that the aforementioned electors
appear TO have been lawfully appointed
such electors of President and Vice
President, of the United States tor the
term beginning March 4, A. ID. 1877.
OF the State of Oregon, and that thew
voted as such at the time and in the
manner provided for by the Constitution
of the United States and the law. And
they are, further. ofopinion that by the
laws OF the State OF Oregon the duty of
canva>sing the returns Of all the votes
given at an election of President and
Nicc-President was imposed upon the
Secretary OF State, and upon no one
else. That the Secretary of State did
canvass these returns in the case be fore
us, and thereby ascertai1ed that J. C..
Cartwright, ". II. Odell and J. ".
Watts had a majority of all the votes
given for electors and had the highest
number OF votes for that office, and by
the express language the statute those
persons are deemed elected"
Here there is no flourish about the
Governors certificate, and further on
the declaration is made that the failure
OF the Governor to give any persons so
deemed elected certificate, did not
have the effect Of defeating their ap-
poln,mcnt." Thus the commission de-
clarcs III two decisions that the Govern
or's certificate is essential TO the legal
ity OF the choice of an elcctor, even
a canvassing and returning board pass
upon the question before him; but " here
he l. associated with Secretary of
State in the canvass, and acts as a check
upon that official. his certificate is pro-
nounced useless. The important ad-
mission is also made that the appoint
ment OF Watts consisted in his receiv-
ing the most votes, whereas, the Consti-
tuition expressly declares that he was in
eligible when voted for. In the case OF
the Vermont Postmaster, the Repub-
licans claimed at first that his appoint
mcnt a. elector was not completed by
the mere act Of election, but by the
Governor certificate. However, let US
continue our citations. In the Florida
decision of February 8 the commission
said:
AS 10 the objection made to the ELI
gibiiity OF Mr.. Humphries, the commits
sion Is of opinion that without, reference
TO the question Of the effect of the vote
OF an ineligible slector, the evidence
does rot show that he held the office OF
Shipping Commissioner on the day when
the electors were appointed"
There is nothing a!iHnae here. but on
February i6 the commission in the Lou
i>iana decision, treating the same cues
ton. said:
The commission hy n majority Of
votes j. also &C opinion that j, Is no,
competent 10 prove tins, any Of said per-
soas SC appointed electors as aforesaid