The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-03-14
officer asked whether there were any objections

on the ground that the commission had re-
fused to receive evidence, which had been Of
fcred, and had decided that the votes mention
ed III certificates Nos. l and 3 should be count
cd for Hayes and Wheeler, such evidence to
the contrary notwithstanding. The paper re-
commission, but the point Of it is the rejection
Of the evidence. 1t is signed by most OF the
Democrats in both houses.
Upon the presiding officer calling for further
objections, Senator Wallace (Dem.) J. Of Penn
s~ylvania. rose and presented the following,
signed by a number Of senators and members:
F%irst-11at the decision is in violation OF
the Electoral act, in this That by the act the
commission is required to decide whether any
and what votes from such State are the votes
provided for by the Constitution, and what per-
sons we're duly appointed electors yet the
commission refused to examine and ascertain
who were duly appointed electors III and by the
State of Louisiana, and what votes from that
State are within the provisions Of the Constitu-
ton of the United States.
S~econd-Because the act creating the COM
mission was passed to the end that the commits
sion would hear and examine evidence, and
honestly decide what electors in any disputed
State were fairly and legally chosen A; whereas,
the commission refused to hear and consider
the evidence offered to show that the electors
! whose votes the commission had decided should
DC counted were llUU July CIlOhcll. III lllul Lut
had falsely and fraudulently acted as such
electors, and also refused offers to show that
! the pretended certificates of election were pro-
cured by corruption and wholly untrue.
T~hird-Because the decision is in disregard
of truth, Justice and law, and establishes the
demoralzing and ominous doctrine that fraud,
forgery, bribery and perjury can lawfully DO
used as a means to make a President of the
United States against the well known or easily
o.narfoinod will IF tho pepp1a and of Stately
The presiding officer called for still further
objections, if any, and Mr.. Cochran (Dem.), of
Pennsylvania, presented this objection and pro-
test
First-It was not denied before the com mis-
sion that the Tilden electors i'll Louisiana had
received a large majority of the votes cast.
Second-It was not denied before the COM
mission that Wells and his associates, styling
| themselves o returning board, were guilty OF
gross fraud : that their certificates given to the
HAYES electors were false and fraudulent, or
that their action in canvassing the votes were
in violation Of the Constitution and laws of the
State Of Louisiana.
Third-The action of the eight members Of
the commission in declining to hear evidence OF
those and other facts was a violation OF the
letter and spirit Of the act under which tho
commission was created, and Of the spirit Of
the Constitution of the United States.
No further objections being presented, the
presiding officer announced that the Senate
would withdraw to it's chamber, SO that the two
houses might separately consider and decide
the objections.
After the debate in the House upon the Elec-
toral commissioners decision i'll the Louisiana
case, and the rejection in that body of the de-
sision by q vote Of 112 to 90, tho two houses
assembled in joint convention, and the electoral
votes of Louisiana were counted for Hayes.
There was no manifestation of any kind at
the announcement, and the opening and count
! ing Of the certificates proceeded in alphabetical
order, the State OF Maine giving seven votes for
HAYES and Wheeler, Maryland eight votes for
! Tilden and Hendricks, and Massachusetts thir-
! teen votes for Hayes and Wheeler.
When the certificate from the State OF
Michigan was. read giving it's eleven votes for
HAYES and Wheeler. Mr.. Tucker. iDem.), Of
Virgins, rose and prese..tcd an objection to
the counting Of the vote OF Daniel L. Cross
man, one Of the electors. declaring that one
Benton Hanchett, having been elected one. OF
the electors for the State of Michigan and
having held and still holds the office OF United
States commissioner. had absented himself
from the meeting ofthe electors on the sixth OF
December, and that his place had been filled
BY the other electors.
The houses separated and debated the OBJ
lection, but both Of them soon agreed to ac-
cept the elector in question and the joint con-
vention again assembled. -.
Then followed the State Of Minnesota, with
five votes for Hayes and Wheeler Mississippi,
with eight votes for Tilden and Hendricks
Missouri, with fifteen votes for Illden and
Hendricks Nebraska, with three votes for
Hayes and Wheeler, and Nevada, with three
votes for Hayes and Wheeler.
Dir. Springer (Dem.) }. of Illinois, objected to
the count of one Of the three votes of Nevada,
on the ground that the ~elector, r. N. Daggett,
was Mt the time of his appointment, and FOR a
long time previously, and thereafter continued
to be-, a United States commissioner for the
circuit and district courts Of the United States
in the district Of Nevada. The objection IL
signed by Messrs. Springer. Tucker, Vance. of
sentativcs; and by Senators Barnum, Wallace
and Hereford.
Once again the two houses separated, and the
Senate voted to accept the Nevada ~elector, but
the House, without discussing the case, took a
recess until the next day.
The Electoral Tribunal.
Mr.. Erarts argued for the Republicans that
the certifcation of electors by State is final and
not renewable by Congress or any tribunal
that Congress may create He held that the
Federal government can confer nothing upon
a State, since it came into existence by the
consent Of the States that it has the right to
create electors. and the general government
! has no right to inquire behind the fact, and
that tho only power that could have been de-
fegated by Congress to the commission is the
power to count without scrutinizing the cleo
toral votes.
He took the ground in regard to the certtica-
ton Of the Louisiana electors.
First-That Kellogg, whom the opposing
counsel had admitted to be governor De tdcto
in their printed offer Of proof, had q right to
make the certifcatiol.
Second-That the facts rendered to tho gov
ernor concerning the election WARRANTED him LII
making it.
Also that the certificates Of the alleged ineli-
gible Observation-Disclosures, surveyor general, and
Ieyisse, port colnmisSiouer-formed q proper
and lawful part Of the recorded result. He held
that the commission could not understand the
real condi ion of Louisiana, and charging in
timidatio.. as an offset to the usurpation and
that ravishes, or the fraud that secretly pur-
loins the virtue and the right of American citi.
~Zens-which is the worst"
In regard to the ineligibity Of Brewster md
Levisee he said that the Constitution was not
guilty Of the folly of prescribing that O State
should not elect to tho Office Of elector m
honored citizen who fills within its borders Il
place OF public II ust. The State has q right TO
. decide for itself what electors It will choose
"to say that an ineligible man can't he elected
il to say that the forbidden fruit couldn be
eatei. In respect to these two electors. they
have been elected, and the State il not to be
tripped up in q tran.action satisfactory to it.
self by any extranrous evidence OF the fact
Judge Campbell, for the Democrats, said
that the President, being \ Federal officer. the
political head of the Whole people. and their
creation, they have n right. through this tri-
bunal. to inquire into his origin. Where he
asked. where else sill every man in the United
States be Represented in the final decision 7"
: The jurisdiction OF the Federal government
over the decision in tlie case is. hr argued, abb
solute. The State received permission to ap-
point Presidential ~.iector. from the Federal
Constitution nay. il received ! command to
that effect. Each Stat', by the terms Of the
Constitution. "shall," that is to say, is requir-
Ell to appoint Presidential electors. He said
that the count OF electoral votes has mere than
once been proved to be Icy the snfcrance OF
Congress. since Congress did Use its power to
reject the electoral vote OF seven States Tor
President on the ground that they were in re-
lrliinn. lie remarked that the power III the
States to appoint electors Nas & trust power re-
turned to the States. and mot g banDle to bt