The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1877-02-22
FOURTEENTH DAY,

ASdlNG1ON, TGUTudIy 10. - Az y
O'Clock the Commission sent for counsel, who had
been awaiting the summons in private room of
the Supreme Court. The following is summary
OF the secret trapsactons of the Commission. as
ported to counsel: Hoar submitted resolution
that evidence be not received. Abbott offered as
substitute that evidence be received to show that
so much of the act of Louisiana establishing re-
turning board is unconstitutional, and the acts of
said board void. Rejected-ayes, 8; nays, Z. Alb
bott then submitted another substitute that the
returning board which compiled the returns of the
late 1ecii0Isnnfg' IT. 5ttaar sinr
Abbott submitted third substitute that the Com
mission receive testimony of the frauds alleged IN
the specification of counsel for objectors Rejected
by the same vote. fourth substitute by Abbott
that testimony tending to show that the So called
returning board had jurisdiction to canvass the
vote is admissible, was also rejected. Abbott sub
mitted fifth substitute that evidence is admis-
sible that statements and afdavits of alleged riot
intimidation, etc, were false and fabricated, and
that the so called returning board did wilfully and
fraudulently fail and refuse to count more than
10000 votes cast Rejected. Hunton offered
sixth substitute that evidence be received to prove
that the votes cast at the late election have never
been legally compiled canvassed. Rejected.
Bayard sent up the seventh substitute that no per-
son holding an Office of trust profit under the
United States is eligible to be appointed eector,
and that evidence be received tending to prove said
eligibility offered by counsel for objectors to GER
tificates Nos and g. Rejected. Field offered the
eighth and last substitute that IN the opinion of
the commission evidenceis admissible upon several
matters which counsel for objectors to Nos. and
OfereQ to prove. heleCteu ALSO. lue oTtSiHdi Its-
olution by Hoar, that evidence be not received
then came up and was carried-ayes 8; nays Z.
Justice Field then moved that the injunction of
secrecy be removed from the proceedings OF the
commission. Adopted unanimously. The time to
which counsel entitled to having expired, the
case on both sides rested. The commission
then went INTO secret session for consultation on
the main question. Immediately after the doors
closed Senator Morton offered the following
resolution:
Resolped, That the persons named as electors in
certificate No. were lawful electors of the state of
Louisiana and that their votes are the votes pro-
yded by the constitution of the United States, and
should be counted for President ana VICE president
This resolution adopted by vote of to 7, as
follows,
Yeas-Bradley, Edmunds, Frelinghuysen, Strong
Miller, Hoar, Garfield and Morton-S.
Nays-Abbott, Bayard, Clifford, Field, Hunton,
PAYNE and Thurman-7.
Justice Miller and Bradley and Representative
Hoar were then appointed committee to draft
report of the decision, with brief statement of
the reasons therefor, to be signed by the members
agreeing therein and to be transmitted to the joint
session of the two houses as required by the cleo
toral act recess of about one hour was then
taken to afford time for drafting report, which
upon the reassemb,ing of the commission was pre-
sented, and after being read was signed by Miller,
Strong, Bradley Edmunds, Morton, Frelinghuysen,
| Garfield and Hoar.
| THE REPORT.
The electoral commission having received certain
fonisisna az and dh certan papers accompanying the
same and objections thereto report that 1t has duly
| considered the same and has decided and does
hereby decide that the votes of VIM. Pitt Kellogg,
O. H. Brewster, A. B. Levissee, Oscar Jaffran, Peter
| Joseph, j. h. Birch. L. A. sheldon and Norris
Marks, named in the certificate of VIM. P. Kellogg,
governor of said state which votes certified by
| said persons; appears by the certificates sub
mitted to the commission as aforesaid, and marked
number by said commission and herewith re-
turned tue votes provided for by the constitu.
ton of the United States, and that the same are
lawfully to be counted as therein certified, namely
the votes for Rutherford e. Hayes, of the ftate OF
Ohio, for president and votes for VIM. A. Wheeler
| of the state of New York, for vice-president.
| The commission also decides and reports the
eight persons first, before named, were duly ap
pointed electors In and by said state of Louisiana
The ground of this decision stated briefly is sub
stantially as follows: That it is not competent t(
go into the evidence dttunde to the papers open
ed by the president of the senate In the presence
of the two houses to prove that other persons thai
those regularly certified by the governor of tn
state of Louisiana in and according to the determi
nation and declaration of their appointments, il
other worda to go behind the certificate of the gov
ernor far il is founded upon the action of tn
returning board. The report Will also state tha
the commission could not receive any evidence Il
show that any elector was ineligible on the 7th o
November, the day of election, on the ground tina
it was not essential to show that elector wa
eligible on that dsy, so long he was eligibl
when he cast his vote in the electoral college,
the fact appears that the alleged ineligible electors
| Brewster and Levissee, were chosen to hl vacaI
| ces caused by their own absence from the college
and there was no allegation of inelgibi lity at
time they cast their vote.