New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-24
THE ELECTORAL TRIBUNAL.

'Eno commission has decided, j" the words
of the present decision are: 1.-THE commits
sion has, by majority of votes, decided"
The official communication continues:
The brief ground of this decision ls, that
it appears upon such evidence as by the
constitution and law named in said act of
Congress electoral law) is competent and
pertinent to the consideration of the sub
ject, that the aforementioned electors APP
pear to have been lawfully appointed such
electors of President and Vice President of
the United States for the term beginning
March A, 1877, of the State Louisiana, and
that they voted as such at the time and in
the manner provided for by the constitu-
tiOn of the United States and the lay, and
the commission has, by majority of votes,
decided that it is not competent un-
der the constitution and law as it existed at
the date of the passage of said act, to go
into evidence Glieu1lde of the papers opened
by the President OF the Senate in presence
of the two houses, to prove that other per-
Sons than those regularly certified to by the
Governor of the State, on and according to
the determination of their appointment by
the returning officers for elections in said
State, prior to the time required for the per-
formance of their duties, mad been appointed
electors, or by counter-prOof to show they
had not, or that the determination of said
returning officers was not in accordance
with truth and fact-the commission by q
majority of votes being of the opinion it is
not within the jurisdiction of the two
houses of Congress assembled to count the
vote for President or Vice President, to en-
ter upon the trial of such question.
The commission, by a majority of votes,
is also of the opinion that it is not cOmpe-
tent to prove that any of said persons so
appointed electors as aforesaid held office
of trust or profit under the United States at
the time when they were appointed, OF that
they were ineligible under the laws of the
State, or any other matter, offered to be
proved Gliulde by said certificates or pa
peTs.
The commission is also of the opinion, by
a majority of votes, that the Returning
Officers of Elections who canvassed the
votes at the election for electors in Louisi-
ana, were q lawfully constituted body by
virtue of constitutional law, and that q va
cancy in said body did not vitiate its pro-
ceediDgs.
The commission has also decided, and
does hereby decide, by majority of votes,
| and report as consequence OF the fore
going, and upon the ground before stated,
that the paper purporting to be the Ger.
tificate of the electoral votes of the said
| State of Louisiana, objected to by T. o.
| Howe and others, marked N. G No. 9, by
the commission, and herewith returned, if
not a certificate of votes provided for by
| that they ought not to be counted as such
The report was signed by Samuel F. Nil
ler, w. Strong, Joseph P. Bradley, George
+. Edmunds, o. P. Morton, Frederick 7
Freliughuysen, James A. Garfield, GeOrgt
+. HOar
When the Joint session of Tuesday CLOSED
the vote of Nevada had been reached, anC
objections were made Co its count.
| On Wednesday, on recOnvening in Join
| annnnnNan that hnnal
had agreed to count Nevada and her thre
votes were accordingly counted for Haye
and Wheeler. The count then proceeds
without interruption. The five votes o
New Hampshire were counted for HayeI
the nine votes of New Jersey for Tilder
the thirty votes of New York for Ii
den; the ten votes of North Carolina fo
Tilden; the twenty-five votes of Ohio fC
Hayes.
When Oregon was reached the full read
ing of the document was demanded. Tht
credentials of the Hayes electors were Ger
titled to by a notary public; attached wal
a report of elections by counties, certife
by the Secretary of State. Governor Gre
ver's certificate made no mention of Watts
Growers verbiage was "eligible electors,
and named Cronin as having received tn
highest number of votes. The papers CAV
Hayes two votes and Tilden one.
| Objections on the part of the Republican
were made by Senator Mitchell and Repre-
sentative Lawrence. Senator Kelly an
Representative jerks were the Democrats
Obiectors.
The objections were read and the house
separated.
The commission met shortly after in tn
Supreme Court room, and at dark adjolrne
to the Senate Chamber, where Mr.. Hoadle
opened the argument for the Tilden eleC
tors.
At ten O'Clock at night the OOmmissiO
adjourned.
On Thursday Mr.. Evarts addressed tn
commission on the Republican side.
Mr.. Evarts, after referring to the pos
ton taken in the Florida and Louisian
cases, said it was the same to-day in tn
case of Oregon. In Oregon peaceful elet
tiOn was held in accordance with law, an
| result was obtained which was acqu
esced in by the people, and that result wa
lodged where by law it belongs-in tn
office of the Secretary of State. This recor
constituted the election OF three electori
each of whom should have received cert
ticate of such election from the Governor c
the State who, under the law, could legal
do nothing else.
Mr. Evarts argued at length that Coz
ernor Grover violated the State and nj
tional law in giving certificate to CrOniI
Mr.. Evarts said the law of Oregon pr
vided that where there were two candidate
who received an equal number of vote
and one was found to be ineligible, th
} other did not therefore hold the office, br
a new election was necessary. He ne1
argued that the majority was the eolleg
and not the single voice of CrOnin. Had i
been a duly appointed elector, he though
the commission would have little trouble
reaching a conclusion as to which was th
legitimate; but suppose they had refused
recognize CrOnin as an electOr2 They di
not think he was one, and nobody though
! he was until it was determined to manufa
ture him into one, and attempt to maE
him stand as such till after this count. A
cept, said he, the proposition that Cr0ni
: could form college, and you had the a
! surd possibility of three electoral eOlleg'
in Oregon, each eleetor entitled to cast Il
vote of the State according to his ewn idea
In reply to a question by Mr.. Abbott,
said there was no existing law in any Sta
that covered the contingency of the deaf
or absence of majority of the cOlleg
The general theory of the law was thi
there must be a quorum TO transact bus
= ness, and there must be statutory prOvisiO
I in any case to make it otherwise, ReferriI
to the act of the Legislature of Rhot
Island, which provides that if an ineligib
: elector was elected the Legislature shOn
. meet and elect another, he said that wou
do for the State of Rhode Island, where Il
= Governor could blow his horn in the do
of the executive mansion and summon
Legislature, but it would not do for t
8 great State of Oregon.
o Mr.. Matthews followed, and Mr.. Merri
brought the argument to q close. 7
l. commission then, after a brief secret g
} sion, adjourned until Friday at half-pl
ten o'clock.
! The Oregon vote was freely discussed
Z the Electoral Commission on Friday up
q three O'Clock, when Mr.. Justice Brad
y gave his opinion, and 3 vote speedily