The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1877-02-23
1le Ertnnrtite Cona,alssIon.


The Electoral Commission was called to
order at 4:30 p. m, February IL, and re-
ceived the certificates and accompanying
papers in the case of Louisiana, from the
presiding officer of the Joint session.
Upon the arrival of the various counsel,
Merrick, Hoadly, and Green for the Demo
cratic side of the question, and Evarts,
Matthews, Shellabarger, and Stoughton,
for the Republican side, the presiding
Justice inquired who would represent the
obiectors. Mr.. Field responded that Sena-
tor Mcdonald and Mr.. jerks, of the House,
would appear as objectors to the certificates
Nos. and 8. Mr.. Evarts announced that
Mr.. Howe, of the Senate, and Mr.. |
Shellabarger would appear as objectors to |
No. 2. The Commission then adjourned |
until II a. m. tomorrow.
On February 13, argument was begun be- |
fore the Commission by Senator Mcdonald, |
who supported the objections to the Hayes
certificates from Louisiana. In the election
of 1872 the vote of Louisiana had been re-
| jected because the Returning Board had not
complied with the law, and they now
proposed to show the law had not been
complied with in the present case.
The two Houses of Congress had already
taken steps to inquire into the legality OF
the election in louisiana, and Mr.. McDon-
aid maintained that the Commission, pos
sessing the powers of the two Houses, had
the right, and it was their duty, to consider
the information in possession of the two
Houses. Speeches were also made in be-
half of the Democrats by Mr.. jerks and
of the Republicans by Mr.. Hurlbut.
Senator Howe spoke in behalf of the Re-
publican objectors. He objected to the
counting of votes rendered by McEnery and
his ass )ciates, on the ground that McEnery
was not authorized to give certificates.
At the close of Mr.. Howe's argument,
Judge Campbell informed the Commission
, that Messrs. Carpenter, Trumbull and him
: self would appear as counsel for the Demo-
| cratic side, and Mr.. Evarts announced that
, Messrs. Stoughton, Shellabarger and himself
i, would appear for the Republicans. The
Court took a recess, and in the afternoon
Mr.. Carpenter addressed the Commission,
> and argued that the Louisiana Returning
> Board was not legal body.
. Mr.. Carpenter concluded his speech be-
s. fore the Commission on the morning OF
" February IA, and was followed by ex-senator
:, Trumbull in speech of two hours. After
ward E. W. Stoughton and Judge Shella-
barger spoke for the Republicans. The
. principal points made on the Democratic
- side were: That the Louisiana Returning
= Board had no authority to canvass the re-
~ ~ turns for Presidential Electors, because the
u u law of 1872 creating the board, does moi
IN say expressly that they shall do so
oe that if they possessed the power they
u y did not exercise it in obedience to tht
" ~ law, having thrown out returns withou
as as the legal foundation of proof required
W w and that their acts are, therefore, void
as as that if the Board had the power to canvas
q q the vote for Electors, then the Electora
- College had no power to fill vacancies
~ because the Electoral law of 1872 repealed
VI VI the whole of the law of 1868, which containe
" the only provision for filling such vacancies
~ ~ that thea of the Board are void becaus
is- ie the one vacancy upon it was not filled b
10 the appointments of Democrat.
III To which the Republicans replied, tina
~ by Supreme Court decision, and by an a
9t an ray of other high judicial authority, tn
nc law of 1872 can not be interpreted to wor
~ as the repeal of the section of the act {
iai M 1868 which provides for filling vacancies
IL the Electoral College; the failure to fill tb
~ vacancy in the board by the appointment I
nS a Democrat they assert, was a disregard I
Of directory requirement, reprehensible L
~ % doubt, but not affecting the jurisdiction
~ ~ the board. Numerous decisions were cite
dn the to sustain this position.
' As soon as the commission had locked tt
50 door of their consultation room, at tt
IL, O'Clock on the morning of February 16, tt
lire ni' debate on the Louisiana case began, al
on : lasted continuously to four o'clock in tt
m a1n afternoon, the hour agreed upt
~ w for vote on the preliminary question
Va w evidence.
INC Senator Morton spoke first, and was fl
oe, lowed by Thurman, Garfield, Bayard, 3
- munds, Hunter and Hoar, in the ord
oo Ui named. By the time Mr.. Hoar had fnishe
~ it was after three o'clock, and Judge Bradl
nus nus had not yet spoken. All the interest ce
bill 9fon IN, 4 III s"'S, f - .
fns the ing the President, and that upon the wor
tnr sne he was then to speak depended the sett
- ment of the great controversy.
IL The position taken by Judge Bradley, al
~ by the other Republicans, in respect to t.
tas alleged differences between the Florida ca
- and the Louisiana case, growing out OF t
rod allegations of fraud and forgery in the latt
~ was that there was no substantial ditteren
in the cases as presented to the tribunal.
- each, the certificate of the Governor "
.p .Pli regular in form, and based upon the auth
t Ine itatiye declaration of the Canvassidg Boa
;S The Democrats maintain that the retul
Ign Hia themselves should have been produe
.a,s before the commission. But to this the
,,as oa publicans reply that the commissi
YES ives was bound to accept the certific
nnb of the Secretary of State as true, in
"on 81 absence of any testimony inside the pap
he themselves to the contrary.
~ vote was taken at four o'clock on
y .toS question of admitting evidence, and it v
sIu ~ decided in the negative: ayes 7, noes s,
,,ea uD usual party vote.
was The doors were then opened, aud &C
o;e missioner Morton moved that three me
oinI onaI bers of the Commission be appointed
or"i prepare report in the Louisiana case, a
IL UQdJ d recess OIL one nOuE De GHk6n. L
pnS was debated at some length, and carri
u sno and at nine O'Clock the Commission ag
9'e7 sos went into secret session.
;en Immediately after the doors were co
oEo' Senator Morton offered the following re
80, 80 luton:
lows ReSOlUed, That the persons named as Eectol
go Sat "a No wen ana iI b,t ba re eofs o
case votes provided by the Constitution of the Tn
States, and Should be counted for President
ators Vice-President.
day, This resolution was adopted by vot'
lunl, s to 7, as follows:
toral Yeas-Bradley, Edmunds, Frelinghuys
,otes Garfield, Hoar, Miller, Morton, and Stron
min Nays-Abbott Bayard, Clifford, Fl
the Hunton, Payne, and Thurman, Z.
ount Justices Miller and Bradley and Rel
lent. sentative Hoar were then appointed d C
per mittee to draft a report of the decis
ltea, with a brief statement of the reasons tn
Vhen for, to be signed by the members agree
eiiy, therein, and to be transmitted to the j.
ne session of the two Houses, as required
rick, the Electoral act.
M to
s, to A DETROIT man asks for quail
.hot hot trust with such an ingenious accent t
Iican the waiter mods his head and trots of
: one bring quail on toast. When the myst
'use, is cleared the landlord can't kick.