The daily gazette., 1877-02-08
February -. 1877.
The Electoral Comm issio,..


1t appears to be difficult to understand
Just yet what was decided by the vote
Of the Electoral Commission yesterday.
The evidence Of fraud is so fully
proved, and of SO damaging character
that it is impossible for us to believe the
judges on the Commission will refuse to
consider it.
This decision may refer to the case of
Florida only. And it appears that the
vote to examine the evidence presented
by the President of the Senate, was car
ried by three of the Judges voting With
the five Democrats on the Commission.
The opinions of the Press are not unani-
nous as to what will result from this
decision. We are disposed to view it
as favorable to the Democrats. We ap-
pend the opinion Of several reliable pa.
pers, which have the best facilities for
securing the most correct information:
From the N. Y. World.
1t happens that the third packet of pa
pers from Florida submitted by the
President of the Senate contains Cover
nor Drew's certified list of the Tilden
electors; the certificate of those electors
showing the votes which they cast on the
9Th of December, and the act of the Leg
islature ofFlorida authorizing and direct
ing lawful canvass of the votes cast on
the 7th of November for electors; the
former canvass having been pronounced
by unanimous Judgment of the three
Republican Judges of the Supreme Court
of Florida TO be ''illegal, void and no
canvass" 1t contains also canvass
made under that act, duly authenticated.
1t contains also statute of Florida, re-
citing the results of that canvass; and de-
claring and enacting all the provisions
necessary to verify and authenticate it,
and to furnish legal proof that the Til
den electors and they alone. were, on the
9th day of December last, entitled to cast
the electoral vote of that State. We sup
pose, furthermore, that the commission
will take judicial notice the laws of the
State of Florida and of the decisions of
its courts. If we are right in this suppo-
sition, the decision of the Supreme Court
of Florida in the mandamus case, in
which Governor Drew was relator, will
come before the commission. Our tele-
grams from Washington seem to indicate
that the Judgment in the quo 1Oarrdnto
and indeed the whole record in that case
brought by the Tilden electors against
the Hayes electors, is also deemed by the
commission to be before it,
If this information as to the quo rar
Tdnte being before the commission is cor
rect, we cannot understand otherwise
than that it has evidence befare it suffi
cient not only to enable but toc0mpel it tC
adjudge that the votes cast by the Tlder
electors of Florida ought to be counted
The duties of the commission are meas
ured by their powers, and if they have al
the powers Of the two house which the
law gives them, they are bound to exer
else these powers as far as practicable
and as may be necessary for the purpos,
OF establishing right and justice in tn,
case which they are to decide.
From the N. Y. Sun.
There are three of these certificates
one for Hayes signed by Stearns, one TO
Tilden signed by the Acknowledgement
and another which is in the natureiof al
authorization of the last mentioned AN
has the signature of Gov. Drew. The OF
lectlons to be considered are those to tn
Hayes certificate from the Democrat
side, and those to the Tilden certificat
from the Republican side. The record {
Circuit Court of Florida on the quo 1ca1
TGn:o, invalidating the Hayes certificate
Will come before the Commission, an
also the action ofthe Florida Legislator,
10 the same effect.
Under the order rs adopted, the prt
Ceedings of the Canvassing Board cannc
be inquired into.
A motion before the Commission t.
allow Ievidence proving that the Flor
da Canvassing Board corruptly an
1raudulently certified to the election
the Hayes electors had beea voted dow
before the passage of the order that wa
finally adopted.
From the Baltimore sun.
By deciding to receive such eyidene
the commission overrule the posiuo
taken by MIR. Evarts that no extraneo,
PROOF can be received in regard to IL
disqualification of an elector. The d
Clslon OF the commission seems nece ,sal
to open the same question as to the i
ehgibihyt Of two of the Louisiana ele
tors, objected to on similar grounds al
also OF Watts, the Oregon postmaster,
rs decision in favor of the democrat
view, and was secured by the votes
the democratic members of the commi
SION, Justices Clifford, Field and Bradl,
voting with them.
Inc democrats says that if the comi
son wlil only duly weigh and consid
..: - ,iiea'ty III, so 10 speak, In
contained in the three certificates and q
companying documents, it will be foul
suhGient to secure decision in favor
the Iiiden elector. The republicans, {
the other hand, are represented as inl
liant over the commissions action Al
treating 1T as a virtual decision
favor of Hayes and Wheeler.
In reality it seems to be decisi,
which settles nothing so far as the fin
result is concerned. The question as
the return and extent of the testimo,
admissible having been disposed of, t
case remains yet to be argued and dec
ed upon its merits.