The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1877-02-15
Decision of the Commission.

ELECTORAL COMMISSION, WASHING
TON. Feb. 9, 4. d. 1S77.-To the Presi-
dent of the Senate of the United States
presiding in the meeting of the two houses
of Congress under the act of Congress, en-
titled ''An act to provide for and regulate
the counting of the votes for President and
Vice President, and the decision Of ques-
tions arising thereon, for the term com
mencing March +, A. ID. 1877 The Flee
toral Commission mentioned In said act
having received certain certificates and pa
pers purporting to be certificates, and pa
pers accompanying the same, Of the elec-
toral votes from the State of Florida, and
the objections thereto, submitted to it un-
der said act, now reports that it has duly
considered the same pursuant to said act,
and has decided and does hereby decide,
that the votes of Frederick G.. Humphreys
Charles II. Pearce, William H. Holden and
Thomas W. Long, named in the certificate
Of NJ. i. Stcarns, Governor Of said State,
which votes are certified by said persons,
as appears by the certificate submitted to
the commission as aforesaid, and marked
No. l by said commission, and herewith
returned, are the votes provided for by the
Constitution of the United States, and that
the same are lawfully to be counted as there
In certified name y -Four votes for
Rutherford B. Hayes, OF the State Of Ohio,
for President and four votes for William
A. Wheeler, of the State of New York, for
Vice President. The commission also has
decided, and hereby decides and reports,
that the four persons first before named
were duly appointed electors in and by said
State of Florida. The ground of this deci-
sion stated briefly as required by said act,
is asfollows That it is not competent un-
der the Constitution and law as it existed
at the date Of the passage of said act to 90
into evidence aLiunde the papers opened by
the President Of the Senate in the presence
of the two houses, to prove that other per-
sons than those regularly certified to by
the Governor of the State Of Florida in and
pointment by the Board of State Canvasscrs
of said State prior to the time required for
the performance Of their duties had been
appointed electors, or by counterproof to
show that they had not, and that all pro-
ceedlngs of the courts or acts Of the Legis-
lature or of the Executive Of Florida, sub
segment to the counting of the votes of the
electors on the prescribed day, are mad
missible for any such purpose. As to the
objection made to the eligibility of Mr.
Humphreys, the commission is of opinion
that, without reference to the question oil
the effect of the vote of an ineligible elec
tor, the evidence does not show that he
held the Office of shipping commissioner on
the day when the electors were appointed
The commission has also decided, and does
hereby decide and report that, as conse
qence ofthe foregoing, and upon the ground;
porting to be certificates of the electora
votes of said State of Florida numbered
and 3 by the commission, and herewith re
turned, are certificates of the votes provided
| for by the Constitution of the United States
and that they ought not to be counted al
such.
Done at Washington, the day and year
first above written.
SAMUEL Il. MILLER,
| w. STRONG,
JOSEPH p. BRADLEY,
GEORGE i. EDMUNDs,
/ O. p. MORTON,
I FREDERICK T. FRELINGHUsEN
JAMES A. GARFIELD,
Gro. +. HoAR, Commissioners