Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-02-09
The Electoral Commission,
XlsHInaroN. Jan. 81

The Electoral Commission, r,
WASHINGTON, Jan. 81.
The Electoral Commission assembled at
noon to-day in the Supreme Court room and
organized. All the members were present,
viz: On the part of the judiciary, Associ-
ate Justices Clifford, Miller, Field, Strong
and Bradley; on the part of the Senate,
Edmunds, Morton, Frelinghuysen, Thur
man and Bayard; on the part of the
House, Payne, Hunton, Abbott, Hoar
and Garfield.
A special oath of Office was admin
istered to Justice Clifford by Mr.. Middle
ton, Clerk of the Court, and Justice
Clifford, who by the Electoral act is pre-.
siding officer of the commission, then
administered the oath to the other four.
teen members. James II. McKenny was
appointed temporary clerk to the com
mission, and it was ordered that the pro-
ceedings of the commission, except those
above stated, shall be held confidential
until otherwise ordered.
| The commission discussed the subject
OF rules in regard to the hearing Of argu-
meDt, ETC., and adopted the main feat
ures of those which govern proceedings
before the Supreme Court. Sessions for
hearing arguments will be held in public
in the Supreme Court room. The dura-
tion of oral arguments is limited to two
hours for each side on objections, and
two hours for each side on the main
| points at issue. In each case the limita.
tion as to the number of the counsel who
will be recognized as conducting case
is two for each side. All these limita-
tions may, however, be enlarged on dis
| cretion of the commission whenever a
majority deem the point in controversy
of sufficient Importance to warrant more
extended argument.
WASHINGTON, Feb. I.
The commission met at three o'clock
to-day in the Supreme Court room-all
the members present. The several re.
turns from Florida, with accompanying
papers, and also objections thereto,
were submitted to the commission. A
motion that the documents be printed
was adopted, and the public sitting of
the commission adjourned.
WARRINGTON, Feb. z.
AT the meeting of the Electoral Com
mission this morning Justice Clifford
stated that two objectors on each side
would be allowed 10 speak on opening
the case. Those representing objection
No. 1 (Which was presented by Mr.. Field
would speak first, and under the rule
would be allowed two hours to state the
case and argue in support of the objec-
ton.
Mr.. Field then opened the argument
as an objector in the case of Florida,
and argued in favor of going behind the
face of the returns, on the ground that
if this could not be done the American
people would be in position of stand
ing powerless in the face of a gigantic
fraud.
He was followed by Representative
Tucker, another of the objectors on the
same side of the case.
Representative Kasson then addressed
the commission, arguing at great length
against the power of the commission to
go behind the returns.
Representative McCrary followed, re-
viewing the legal proceedings in the
case, and citing many authorities in con-
nection Herewith.
Justice Clifford inquired whether coun-
sci proposed to offer evidence before pro-
ceeding to argument, to which Mr..
O'Conor replied that he did. Mr.. Evarts
said he had no evidence to offer, unless
there should be determination to ad-
init evidence against his side, which he
should then need to meet.
Adjourned.
WASHINGTON, Feb. s.
The Electoral Commission met at the
usual hour. After some discussion as
to the mode of procedure Mr.. O'Conor
submitted several propositions regarding
the nature of the evidence proposed to
be introduced. Mr.. Evarts opposed the
introduction of evidence as it would, if
admitted, be necessary to go into the
fundamental facts of the election. A
motion to allow counsel on each side
three hours to discuss the question
whether other matter than that read by
the President of the Senate to the two
houses shall be considered by the COM
mission was adopted, and Mr.. Merrick,
Democratic counsel, made the opening
argument.
He thought there could be no question
as to the regularity of the evidence now
before the commission. He opposed
the proposition that the duties of the
commission were purely ministerial and
they could not look behind the certifi-
Gates. He said that in the clause of the
Constitution that the votes shall then
be counted" 1t was not counted, but
cotes, that was the controlling word. Be-
fore the counting it must first be deter
mined what were the true votes, and the
duty of inquiry, he said, rested on Con-
mate evidence going to determine that
fact was competent to this tribunal. The
State OF Florida, he said, after learning
that certificates had been illegally given
by Gov. Stearns, had, through her Legis-
lature, directed another canvass, and di-
rected that the certificates be given to
the true electors.
Mr.. Stanley Matthews followed on the
other side. He said the election of
President and Vice. President was not a
single act, but a series of acts; the peo-
pie selected electors to vote for whom
in their judgment ought to be, all things
considered, President and Vice-Presi.
dent. If the commission went behind
the certificate they were limited TO an in
Quiry as to what are the facts to which
the Governor in his certificate should
have certified, and whether those whom
Gov. Stearns, the lawful Governor, certi-
fed to be electors in fact and according
to law have been appointed. The fact
that subsequent Governor came IN and
that court rendered judgment upon his
status could not change the de Ideto
status of Gov. Stearns.
. Judge Black followed Mr.. Matthews.
He said the commission had now before
IL the evidence taken by the Senate and
House. He secuted the idea that Con-
gress had not the pOwer,to inquire into
the genuineness of a certificate. II they
had the power to inquire into the genu-
ineness of certificate they had the right
to INQUIRE whether or not it was fraud.
The Supreme Court had never held that
a fraud had any force. In this case, he
said, the fraudulent character of the