The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-03-07
SOUTH CAROLINA.
The Text Of the Electoral Commission's
Decision I'm the Case OF that State.
WASHINGTON, Feb. q.

WASHINGTON, Feb. q.
To the President of the Senate, etc.:
The electoral commission mentioned In said
act, having received certain certificates and
papers accompanying the same of the cleo
and the objections thereto submitted to it
under the said act, now report that 1t has
duly considered the same pursuant to the
and does hereby decide that the votes of C. G.
Bowen, ]. Winsmith, Thomas b. Johnston,
Timothy Hurley, w. B. Nash, w. Cook and w.
Chamberlain, governor of said state, which
votes are certified to by said persons, as ap-
pears by the certificates submitted TO the COM
mission, as aforesaid, and marked mo. l.,
N. c." by the said commission and
are herewith returned, are the votes provided
for by the constitution Of the United States,
and that the same are lawfully to be counted
as herein certified, namely: Seven votes for
Rutherford Hayes, of the state of Ohio, for
Wheeler, of the state of New York, for vice
president. The commission has, by major
ity of the votes, also decided, and does hereby
decide and report, that the seven persons first
above named were duly appointed electors in
and by the state of South Carolina. The brief
ground Of this decision is that it appears
upon such evidence as by the constitution
and law named In said act of congress is COM
petent and pertinent and the consideration of
the subject that the before mentioned electors
appear to have been lawfully appoip ted such
electors of president and vice president of the
United States for the term beginning March 4,
u
voted as such at the time and i'm the manner
provided for by the constitution of the United
States and the law. And the commission, as
further grounds for their decision, are of the
opinion that the failure of the legislature to
provide a system of registration of persons
entitled to vote does not render nugatory
wise sufficient, though ii may be
the duty of the legislature 10
enact such alaw. If it We're Otherwise, al
officers are without authority and, socially,
a compact in that state is at an end. That this
m ontS thege Is
form, since Its constitution provides for
such government, and It is and and
50 the
and by both branches of the legislative de-
partments OF the government of the United
States; that so far as this comm ssion can
take notice of the presence of soldiers OF the
United States in the state Of South Carolina
during the election, Ii appears that they were
placed there by the president of the United
States to suppress insurrection at the request
Of the proper authorities of the state.
But we are also Of the opinion that
under The papers before usit appears that the
governor and secretary of state having certi-
fed under the seal of the state that the cleo
tors whose votes we have decided to be the
lawful electoral votes OF the state, were duly
by the presumption ofthe law and by the GER
titicate of the rival claimants Of the electoral
office, was based on I'm the action OF
power In this commission, as there exists
none In the two houses Of congress in count
ing the electoral vote to inquire into the cir
cumstances under which the primary vote for
electors was given. The power of the congress
of the United States In its legislative capacity
to inquire into the matters alleged, and TO act
upon the information obtained, is a
different one from its power in the
matter of counting the electoral votes The
votes to be counted are those presented by the
states, and when they are ascertained and pre-
scented by the proper authorities of the states,
they must be counted. The commission has
also decided by majority of votes, and does
hereby decide and report, that as the cause of
the foregoing, and upon the grounds before
stated, the paper purporting to be the
electoral vote of the said state
of South Carolina, signed by Thee. r.
Barker, S. McGowan, John w: Harrington,
John Isaac 'Ingham, William Wallace, John
Il. Erwin, Robert Aldrich, and marked mo. 2,
n. c." by the commission and herewith re-
turned, is not the certificate of the votes pro-
vided for by the constitution Of the United
States, and they ought not to be counted as
such. Dated Washington, ID. c.. the day and
year above written, and signed Samuel F.
Miller, VIZ. Strong, Joseph p. Bradley, George
f. Edmunds, o. p. Morton, Frederick I.
Frelinghuysen, James A. Garfield and George
+. HOar.