The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1877-02-16
The Electoral Tribunal.
FULL, TEXT OF THE FLORIDA DECIsioN-
DEMOCRATIC OBJECTIONS THERETO.

nEvocR>TIc OBJECTIONS THERETO.
Following is the fail ext OF the decision
reached by the Electoral Commission on {
Friday last i'm the case OF Florida, as also |
the objections interposed by certain Sena- /
tors and Representatives to the counting +
Of .he electoral vote Of said State for Hayes, |
as dcereed by the tribunal referred to:
ELECTORAL COMMISSION, WAsHINGToN,
February 9. A. d. 1977.-To the President
of the Senate of the United States presiding
in the meeting of the two Houses OF Con-
gress under the act OF Congress en1'eo +
IAN act to- provide for and regulate the
counting of the votes for President and /,
Vice President and the decision of ques- |
tious arising therefrom, for the term com /
.nenciuy March A, Ammo Domino 1S7T:
The Elector Commission mentioned IN
said act having received certain certificates
aud papers, purporting to be certiflcates
and papers accompanying the same OF the
electoral votes from the State Of Florida,
and the objections thereto submitted 10 is
under said act, now report that 1t has duly
considered the same, pursuant to SAID act,
and has decided. and does hereby declare,
the votes of Frederick G. Humphreys,
Charles Fl. Pierce VIM. II. Holden and
Thomas N. Long, named in the certificate
of NJ L. Stearns, Governor of said State,
which votes are certficated by said per
| sons as appears by the certificate submitted
to the commission as aforesaid, ana marked
number one by said commission, and here
/ with returned, are the votes provided Tor
J by the constitution of the United States,
and that the same are lawfully to he
counted as therein certified, namely. 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 re-
ports that the four persons before named
were duly appointed electors in and by the
said State of Florida. The ground of this
decision stated briefly, as required 10y said
act, is as follows
That it is not competent under the con-
stitution and the law, it existed at the
date Of the passage of said act, to go into
evidence aliunde on 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
according to- the determination and declar-
alton of their appointment by the Board of
State Canvassers of said State prior to the
time required for the performance Of their
duties had been appointed electors. or by
counter proof TO show that they had not,
and that all proceedings of the courts or
acts of the Legislature or of the executive
Of Floi ida, subsequent to the casting of the
votes of tl,e electors Oh the prescribed Gay,
are inadmssible for any such purpose.
As TO the objection made TO the eligibility y
+ of Mr.. Humphreys, the commission is OF
the opinion that without reference to the
question of the effect of the vote of an in
eligible eector the evidence does not show
that he held The Office of Shipping Com
, missioner on the day when the elector:
were appointed.
The commission has also decided au6
does hereby decide and repeat that, as a
5 consequence of the foregoing and upon the
grounds before stated, neither of the pa
pers purporting to be certificates of the
: electoral votes of said State of Flor ida
numbered two and three by the commits
: sion, and herewith returned, are certificate
! Of the votes provided for by the constitu
tion of the United States, or that they ough
not to be counted as such.
Done at Washington, the day and yea
first above written.
, SAM. +. MILLER,
w. STRONG,
JOSEPH f. BRADLEY,
e GEO. +. EDMUNDs,
! O. p. MORTON,
= FRED'K +. FRETINGHUYsES,
JAMES 4. GARFIELD,
! GEO. F. HoAR,
n Commissioners.
S The question being on the adoption @
l. the report of the Commissioners, it wa
% decided in the acknowledgements 8, nays
Objections are interposed by the under
signed Senators and Representatives to tn
It decision made hy the comniis ission constitut
n ed by the act entitled, IAN act to approx
, and regulate the counting of the votes fo
President and Vice President, and the de
. csion of questions arising thereon for tn
!
v as to the true and legal electoral vote i
e Florida, on the following grounds:
FirsL-Tbat the decision determined tina
e the vote cast by Chai les III. Pierce, Fl ed
y e,ick G. Humphreys, w iliam Ii. Holde
and Thomas w. Long as electors of Pres
dent and Vice President of the Unite
States in and for and on behalf of IN
g State of Florida, is the true and legal eleo
,e toral vote of the said State, when in trut
and in fact the vote cast by Wilkinson Cal
James f. Gonge, Robert f. Hilton AN
l. Robert Bullock is the true and lawful vot
g of said State.
d Second-That said commission re fuse
~ to receive competent and ma terial evidenc
tending to prove that Charles II. Pierce
4 Frederick G. Humphreys, ". III. Holde
l. and Thomas w. Long were not appointe
D. electors in the manner prescribed by til
. Legislature of the State of Florida, br
, were designated as electors by the Return
10 ing Board of said State corruptly an
le fraudulently in disregard of law aud wit
- the intent to def,at the will of the peopl,
Vt expressed in the choice of Wilkinson Cal
E. James +. Yonge. Robert f. Hilton an
n Robert Bullock, who were legally and reg,
Df larly appointed electors by the State ,
in Florida, in the manner prescribed by til
10 Leg islature thereof.
I'd Third-That the decision aforesaid W:
70 founded upon the resolution and order
j. said commission previously made.
ut Fourih-The decision excludes all ev
- dence taken 10y the two Houses of Coz
N gress, by committees of each House, col
W cerning frauds, errors aud irregularti,
lr committed by the person whose certificat,
in are taken as proof of the due appointmel
ld of said electors.
Ill Fifth--That the decision excludes all ev
y. dence tending 10 prove tina: the certifca
ly of Stearns. the Governor as also the Boar