Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-01-31
row AND BY WHOM rae CONTESTED
ELECTORAL VOTES WILL BE COURT

Idu CildlSO Va WY ~J
of Massachusetts,, Hunton OF
Virginia, Democrats ; and Hoar of
Massachusetts and Garfield Of Ohio,
Republicans. The senate elected
Messss. Morton, Edmunds and
Frelinghuysen, Republicans, and
Bayard and Thurman Democrats.
There is not a Southern man on
the list except Hunton of Virginia.
Bayard, from the little State of
Delaware, which once held a few
slaves, is generally classed, pOliti-
cally, a Southern man, if he is not
so geographically. 1t is uhfortu-
nate that such a bitter marplot as
Morton should be chosen by the
senate but as the voice of the
majority will be decisive he perhaps
cannot do any serious mischief.
The members of the Supreme
Court designated by the act are
Justice Nathan Clifford, Of Maine,
First Judicial Circuit Justice
Samuel F. Miller, Of Iowa, Eighth
Circuit; Justice Stephen ]. Field,
of California, Ninth Circuit;
Justice William Strong, of Penn
sylyania, Third Circuit. Those
four choose a fifth. Judge
Davis having been elected TO
the United States senate, declines,
as a matter of delicacy, to allow bis
name to be used in this connection
The dispatches received last night
indicate that Justice Bradley will
be chosen. Whoever may be Sc
lected the Republicans will have a
preponderanco Of one vote if the
lines are strictly drawn. The hope
has been expressed, however, that
the commission, being entrusted
with such a high and solemn duty,
will rise to the hight of the occa-
sion and discharge their duty ire
spective of partisan bias. What
ever the verdict may be-whether
Hayes or Tilden be declared elected,
both houses Of congress, as well as
a large majority Of both parties,
are pre-committed to abide by it.
This is the only feasible solution
that has been presented in a tangi,
bic shape. Under the provisions
of the bill congress meets to NOR
row in the house of representa-
tives to begin the count Of the vote
This will proceed as usual, e1cept
in case there is more than one GER.
tifcate from any State. The presi
dent of the senate is required Il
call for objections. If any are
made they must be made in writ
ing, without argument, and signeC
by at least one senator and one rep
resentative. Such objection, wher
received and read, shall, with thu
certificates and all aecompanyin!
papers, be referred forthwith to tb'
commission, and the commission
possesses all the powers possessed
by the two houses of congress ana
shall be the Judge of the law an(
the facts. One essential difference
however, in the constitution Of tht
commission is that a decision i
made by a majority vote. No pro
vision is made for the commission
to separate by the withdrawal o
one set of representatives, as in tn,
joint convention Of the two house,
of congress assembled to count. /
seems to have been to avert sucl
an event in congress assembled t
count the vote that the tribuna
was created, and its decision
whether by a unanimous vote or
bare majority, will be accepted
When the decision is made tn
grounds therefor are set forth an.
it is signed by the members. Tn
decision, when made to both house
assembled and entered upon th
journals, shall stand unless fv
members Of the house an.
five of the senate object i
writing, and it shall then have
stand unless sustained by bot
houses voting separately. This ca
hardly possibly occur, since If
were a Tilden vote objected to IL
house would be most likely not
sustain the objection, and if o
lection we're made to a Hayes 70