Mexico weekly ledger., 1877-02-22
THE ELECTORAL COMMISSION.

THE ELECTORAL COMMISSION.
FEB. 9.-The Electoral Commission, at |
ter an all days secret session, during which the
Florida matter was eiaborasely discussed, de.
cided. by a vote of eight against seven, that the
for Hayes and Wheeler. A f1mal report to this
effect was signed by Messrs. Bradley. Edmunds,
FreliDghuysen, Garfield, Hoar, Miller, Morton
the Senate to morrow morning. No vote was
taken regarding the case of the Elector Hum
phreyss, ana the Eys.r NIL VIII t declare e1 IN .h favor OF
mission to-day was divided upon the strict par
ty line of eight to seven.
FFB. 10.-The Electoral Commission
held a brief session, but without transacting any
business adjourned till Monday. The following
are the grounds of decision in the Florida case:
That it is not competent under the CoHstitu-
ton and law as it existed at the date of the pas
sage of the act constituting tae Commission to
go into evidence dtfupdt the papers opened by
the President of the Senate III the presence of
the two houses, to prove that other persons Sfias
those regularly certified to by the Governor OF
Florida, according to the determination and
declaration of their appointment by the, Board of
State Canvassers, prior to the time resurrection
the performance of their duties, had been ap-
pointed Electors; or by counter proof to show
that they had not; and that all proceedings Of
courts or acts of the Legislature or OF the Exec
utivc of Florida subsequent to- the casting of the
votes of the Electors on the prescribed day
are inadmissible for any such purpose. To the
objection made to the eligibility of humphreys,
the Commission is Of the opinion that without
reference to the question Of the effect of
the vote of an ineligible ElectOr the evidence does
not show he held the office of shipping Commits
sioner on the day when the Electors were ap-
pointed. The Commission also decided that as
a consequence of the foregoing ,anc upon grounds
before stated, neither Of the papers purporting
to be certificates OF the Electoral votes OF Florida
are certificates as votes provided for by the Con-
stitution of the United States, and they ought
not to be counted as such.
FEB. 12.-The Electoral Commission was
allied to order at 4 80 D. m, and received GER
tificates and accompanying papers in the case of
Louisiana from the presiding officer of the joint
session. After arranging seine details for to-
mo1row's session, the Commission adjourned.
FEB. 13.-Argument i'll the Louisiana
case was opened by Senator Mcdonald, who sup
ported the objection to the Hayes certificates. He
referred to the fact that in 1872 the Electoral vote
of Louisiana had been rejected by vote of Con-
gress because the Returning BOARD had notcem-
piled with the law, and he said they would be
able to show conclusively that the law Ead not
been complied with in the present case. The
two houses of Congress- had already taken steps
to inquire into the legality of the election in Lou
isiana, and he maintained that the Commission.
possessing the powers of the two houses, had a
right, and 1t was their duty, 20 consider the
information in possession of the two houses.
Their duties were judicial, not merely clerical,
ami he c~oniured them to carefully weigh the
evidence in possession of the two houses, for
which they were acting. Representative jerks
followed on the same side. and proceeded TO re-
view the election in the seve al parishes, taking
as a basis the facts testified to before the House
Louisiana investigating Committee, with the
incidental claim that this testimony was proper
evidence to be considered by the Commission;
He claimed that supervisors of Election had
thrown out a large numberof votes without a
shadow of authority, going over the returns par
ish by parish. He in each case asserted evil
denCe of fraud and irregularity, declaring his
readiness to show the same by evidence now in
possession of the House and constructively be
lore the Commission. They were further
prepared to show the ineligitillty of some of the
Hayes Electors, and he maintained that the
clause of the Constitution extended not only to
the officer, butte the act. Representative hurl-
but then made an argument il favor of the regu-
larity of the Hayes Electors, by showing that
Kellogg was the lawful ard only recognized
to the fact Mr.. Hurlbut argued at length
against the admission OF evidence and going be-
hind the face of the returns. He declared the
Returning Board was a lega. body. and its de-
cision final. This Commisei)n is not sitting, nor
can it sit, as a judicial tribunal to try which of
the two gentlemen nam d fer President has &C
tually been elected. Senator Howe followed on
the same side, and presented the same line OF
argument that the certificate OF Governor kel-
logg should be taken by the Commission to be
satisfactory proof of the legality of the Hayes
Electors, while the certificate of McEnery was
of no more account than that OF any other un
official person. Atthe conclusion of Mr.. Howe's
argument Judge Campbell informed the Com
! mission that Messrs. Carpenter, Trumbull and
himself would appear as counsel for the Demo
cratic side. Mr.. Evarts announced that Messrs.
StOughton, Shellabarger and himself would ap-
pear for the Republicans. Mr.. Campbell re.
Quested six hours for each side. Mr.. Garfield
moved to make the time four hours. The COM
mission decided to give four hours and a half to
each side for their arguments. After a short
adjournment, ex-senator Carpenter begun his
argument opening as follows: = If the Court
please, t. relieve some little anxiety in some
parts of the country. let NE occupy one moment
in stating for whom l appear here. l desire
to cay in the first place that l do not
appear for Samuel j. Tilden- Hell a gentleman
whom | have not the honor of knowing. with
whom I have no sympathy, against whom I
voted on the eth of Novembee last, and, if this
tribunal could order a new Trial. | should vote
| against him again, believing as | do that the ac-
cession of the Democratic party to power in this
country to-day would be the greatest calamity
that could befall the people except one, and
TO keep it out by fraud or fdlsehood."
the gentleman said he appeaced for ten thous md
legal voters of Louisiana who have been dis
franchised by four Williams whose official title is
the Returning Board of Louisiana, AID continu-
ed as follows: Upon the very basis of the bill
creating this tribunal. your decisions are to be
reported to both houses of Congress, and the two
houses of Congress may set them aside. There
is an end then of saying this tribunal is exercis-
ing judicial power. or that whether you decide
that the vote shall be counted for Hayes or Til
den, that decision precludes the question be-
tween these two 1t does not. 1t can not. In
no possible aspect of the case can it be main
tanned that this tribunal is any thing on earth
but a legislative committee OF investigation" At
this point Justice Bradley interrupted
L mum uCIC 10 - utACEChCC VA
opinion on that point. 1t 10 u universal theory,
ss far as 1 am informed, that the powers of this
commission extend So far and so far only as The
powers Of the two houses Of Congress" Mr..
Carpenter: lin other words, then, it is agreed
on all hands that the powers of this Commission
are political powers-are legislative powers del
egated by the two houses of Congress. Your
honor would have relieved yourselves from the
i%nfliction of the last 20 minutes if you had an
nounced it early" Commissioner Hear. 1T did
not understand that Judge Bradley announced
the proposition that you have just stated" Mr..
CARPENTER: The proposition to my mind il
self evident, and 30 fortified by the Constitu-
ton that 1 will stop ON the mere
suggestion that Judge Bradley has made on the
subject =" Justice Bradley animated that coun-
sci had drawn his own inferences. Mr.. Car
penter then quotsd the language of the act eve
ating the Commission, and commended that it is
the duty of this tribunal not to ascertain what
appears to be the case, but who ha1 E
been duly appointed. He referred to the
rel action of the vote of Louisiana by Congress
four years ago, and said Now I ask this Com
mission whether it will DO to decide that Con-
gress violated it's constitutional duty or usurped
power in holding that the vote should not