The Portland daily press., 1877-03-01
The Electoral Count.
FiIibustering in the
| House.
HUT With Little Sue
cess.
South Carolina, Tennessee
and Texas Counted.
| VERMONT OBJECTED TO and
| NOT FINISHED.
THE SOUTH CAROLINA CASE.
Proceedings in Joint COnvensiOn-Objec

WASHINGTON, Feb. 2S.-The Senate received
this morning communication from Justice
Clifford transmitting the decision of the Elec-
toral Commission in the case of South Carolina.
On motion of Mr.. Cragin it was ordered that
the House be notified that the Senate was
ready to meet that body for the purpose of pro-
ceeding with the count.
The Senate at II. 10 left the chamber for the
hall of Representatives, where the Representa-
tives and Electoral Commission had already as
Sembled.
The President of the Senate then directed the
decision of the Commission to be read.
The following is an outline of the grounds Of
the decision:
1t appears upon such evidence as by the Con-
stitution and the law is competent and peril
nent to the consideration of the subject, that
the Republican electors were lawfully appoint
ed electors of President and Vice President of
the United States for the term beginning
March 4th, 1877, and that they voted as such at
the time and in the manner provided by the
Constitution of the United States and the law;
and the Commission are further OF the opinion
that the failure of the legislature to provide a
system for the registration of persons entitled
to vote, does not render nugatory all elections
held under said laws, otherwise sufficient,
though it may be the duty of the legislature to
enact such law. If it were otherwise, all the
government in that state is a usurpation, its
officers without authority, and the social com.
pact in that state is at an end. The Commits
sion must take notice that there is govern
ment in South Carolina, Republican in form
since its constitution provides for such a gov
ernment and it is, and was, on the day of the
appointing of the electors so recognized by the
executive and both branches of the legislative
department of the government of the United
States. So far as the Commission can take no.
tice of the presence of soldiers of the United
States in South Carolina during the election, it
appears they were placed there by the United
States to suppress instruction, at the request
Of the authOritiaS Of the Sfatn hut the
Commission is also of the opinion, that under
the papers submitted, whereby it appears that
the Governor and Secretary of State have GER
titled under the seal of the state that the cleo.
by presumption of law and by the certificate of
the rival claimants of electoral Office, was bas-
ed upon the action of the state canvassers, there
exists no power in the Commission, as there
exists none in the two Houses Of Congress, in
counting the electoral vote, to inquire into cir
cumstances under which the primary vote for
electors was given. The power of the Congress
of the United States in its legislative capaci ty,
to inquire into the matters alleged and to act
upon information so obtained, is vsry differ
emit one from its power in the matter of count
ing the electoral votes. The votes to be count
ascertained and presented by the proper au-
thorities of the states, they must be counted.
After the decision of the commission had
been read, Mr.. Phillips of Missouri presented
the following objection:
The undersigned Senators and Representa-
tives hereby object to counting the votes cast
by G. C. Bowen, d. Winsmth, j. B. johnson,
Timothy Hurley, w. B. Nash, Nelson Cooke
and w. f. Meyers. alleged electors of the
State OF South Carolina in conformity to the
decision of the Electoral Commission, and as
reasons therefor assign the following
Because no legal election was held in South
Carolina on Nov z, 1876 for Presidential
electors, in compliance with section 3, article
8 of the constitution thereof, requiring reg
istration of all electors of the State as quail
ifcation to vote.
The Senate then withdrew.
Action of Ithe Senate.
The Senate having returned to its own cham
Der, Mr.. Robertson submitted a resolution that
the decision of the Commission upon the cleo
toral vote of South Carolina stand as the judg-
ment of the Senate. objections made thereto to
the contrary Notwithstanding
Mr.. Merrimop submitted resolution that it
is competent to receive testimony to sustain the
exceptions to the decision of the Commission.
Mr.. Edmunds raised a point Of order on the
resolution of Mr.. Merrimon and argued that
the Senate must vote either to affirm or to re-
ject the decision of the Commission, upon
which discussion ensued.
The Senate, Is to 43, decided the resolution of
Mr.. Merrimon out of order.
Mr. Bogy then moved that the testimony in
the South Carolina case be read, but the motion
was rejected 81 to 4.
The resolution of Mr.. Robertson that the de-
cision of the Commission upon the electoral
vote of the state of South Carolina, stand as
the judgment of the Senate, &c., was agreed
to-yeas SO, nays pa strict party vote.
Proceedings i'm the House.
In the House, Mr. Springer of Illinois moved
to take recess until 10 tomorrow.
The motion was re1ected-yeas 50, nays 40.
As soon as the result was announced, Mr..
Sheakley of Pennsylvania, and Mr.. o. Brien of
Maryland. simultaneously made motions to
take recess till 7.30 tomorrow.
The Speaker promptly ruled the motion not
in order.
Mr.. Sheakley appealed from the decision of
the Chair.
Mr.. Wood of New York, moved to lay the
appeal on the table.
Mr.. Wilson of Iowa-The Chair need not
entertain the appeal.
The Speaker-The Chair knows that, but en-
tertains the appeal. The House might as we'll
say now whether the Speaker is right or wrong
MI. Springer-Is not the appeal debatable?
The Speaker-It is not
Mr.. Springer-I desire to give my reasons for
sustaining the appeal.
The Speaker-Debate not in order.
MI. " Brlen rose ID point of order, but the
chair decided against him, and when he again
attempted to speak, Mr. Brown of Kentucky,
objected to debate.
There was determined effort by Messrs.
Springer and O'Brien to be heard, but the Chair
would not hear them and they were greeted
with derisive laughter.
On the motion to lay Mr. o. Brien's appeal on
the table the yeas and nays were ordered, and
the vote was 1874 to 81. So the appeal was laid
on the table.
Mr.. Wood moved that the House proceed to
the consideration of the decision.
Mr.. Sheakley-I move that the House take
recess till 1870 tomorrow morning.
The Speaker-The chair cannot entertain the
motion.
The Clerk was proceeding to read the decs-
ion, when he was interrupted by Mr.. Springer
who objected to the action of the Speaker in
refusing to entertain the motion for recess.
He said it was the duty of the chair to decide
the motion out OF order, and that it was the
privilege of any member to appeal from that
ruling.
The Speaker again refused to entertain the
motion, citing authority for his decision.
MT. " brlen again rose to parliamentary
question and was greeted with jeering laugh
ter.
The Speaker intimated that these Interrupt
tlons only had the effect of delaying the bust.
ness of the House.
The Clerk was again proceeding to read the
decision of the Commission, when he was inter-
rupted by Mr.. Springer, who insisted that it
was the duty of the Chair to entertain any par
lIamentary motion submitted, and to rule upon
it, and that it was the privilege of the House
to override that decision. Mr.. Springer was in
cOliupecu ny CIltS VI OH uOWu, OnuC up,
Order" &c.
The clerk then proceeded with the reading of
the decision and of the objections thereto.
When it was concluded Mr.. Phillips of Mis-
souri, called for the reading of testimony
Mr.. Wood of New York objected to the read
ing on the ground that there were 1860 printed
pages of that report, and the testimony and
that at the rate of ten pages an hour would oc-
cupy at least five days, and thus defeat las was
the object of the demand> the election alto
gether.
The Speaker stated that under the rules he
would submit to the House the question
whether the testimony should be read. He did
so submit it, and a standing vote showed 80
ayes to 1873 nays. Then the yeas and nays
were taken-yeas 81, nays III.
AS soon as the vote was announced Mr.. Wal
ling of Ohio moved to reconsider the vote.
Mr. Wood of New York moved to lay the mo-
tion to reconsider on the table.
The yeas and nays were again ordered, and
MT Woods motion was agreed to-yeas III,
WI. Walllng then moved that parts l and
Vi the south carolina testimony be read.
copeaker-Ihe House has refused to have any
is not In order.
Mr. FRANKLIN OF Missouri, moved that the re-
port OF the South Carolina COMMITTEES he read.
Speaker-It is not before the Honse and can
only be read by unanimous consent.
Mr. Springer-It is part of the naners ~ a.
have been sent to the clerk desk, 'AN'
Speaker-The House refused to hear them