Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-17


order and silence, said ssThe Joint convention
of the two houses Of Congress for counting the
votes for President and Nce-President will now
come to order.
Then, while perfect silence reigned in the
chamber, the president Of the Senate said
." In obedience with the Constitution, the SEN
ate and House of Repre- ntatiyes have met TO
be present at the opening OF the certificates and
the counting and declaring Of the results of the
electoral votes for the office OF President and
Vice-Presdent of the United States. for the
term of -four years, commencing on the fourth
day of March next. In compliance with the law,
the president of the Senate now proceeds in the
presence of the two houses, TO open all of the
certificates of the several States, and in their
alphabetical order, beginning with the State Of
Alabama" The canvassing begun by States in
alphabetical order, Alabama being first. No
objection was made to the declaration Of the
vote Of this State for Tilden and Hendricks,
Arkansas, ditto: California HAYES and Wheeler
Colorado, ditto; Delaware Tilden and Hendricks
Then Florida was reached. The reading of
the first certificate showed the four votes of
Florida for Hayes and Wheeler. Then the
presiding officer handed to the teller another
certificate received from the same State, which,
on being read by Mr. Stone showed the four
votes of Florida for Tilden and Hendricks. The
former certificate was authenticated by Gov.
Stearns the latter by Attomey-General Cooke.
A third certificate was an Authorization of the
act of electors who voted for Tilden and Hen
bricks, and is made by Gov. Drew.
The presiding officer asked whether there
were objections to counting the vote of the
State of Florida.
Mr.. Field CDem.), of New York, rose and
sent to the clerks desk a written objection to
the first certificate (for Hayes and Wheeler)
signed by Senators Jones, Cooper and Mcdonald,
and by Representatives Field, Tucker, jerks
and Springer.
The presiding oflicer-Are there further OBJ
jections to the counting of the votes of the
State of Florida (After a pause.) If there be
none the certificates and papers, together with
the objections presented, will now be trans
mitted TO the Electoral college commission for
Judgment and decision, the Senate will now
withdraw to its chamber SO that the House
may separately determine the objections.
The Electoral Tribunal.
The Electoral tribunal commenced its pro-
ceedings with the query from the presiding JUS
tee: :" What is this case" He would take the
liberty of saying thati consisted of three GER
! tihcates from the State of Florida, which the
| joint convention of the Senate and House of
Representatives being unable to settle had sent
before that tribunal. He laid down the rules
of procedure in managing the case, and Mr..
| David Dudley Field made the opening appeal
for Tilden. He said the election in Florida on
| the seventh of November last was quiet and
| orderly, and the result of the election was
majority of votes in favor of the
| Tilden electors Nevertheless Il certificate
comes to the tribunal in favor of Hayes. He
proposed to show how this was accomplished.
In his argument he rested the whole case upon
the returns from Baker county, and proposed
that the commission should examine into the
| facts concerning the throwing out of the pre-
clncts there. Dir. Tucker, who followed Mr..
Field on the same side, argued that the judici-
airy of Florida and its Legislature were part
of the legal machinery for determining the re-
suit of elections, and that their action must
therefore be taken into account.
The two speeches for the Republicans were
made by MIR. Kasson and Mr.. McCrary. Mr..
Kasson said that the arguments of the Demo-
Gratis raised three questions: First, is the COM
mission a general canvassng board to recanvass
the vote of Florida? Second, is it a national
court of appeal from the board of
State canvassers Third, is it q judicial
court of appeal from the State courts of Flori-
da in quo tCdrrd3ltO proceedings? The Demo
Gratis had assumed an affirmative answer to al
these questions. Mr.. Kasson maintained that
the commission had no power to inquire how
the people had voted in any State it is not
popular votes but electoral votes that Congress
haspower to count: if it should be held however
that the commission could investigate the
county convass and the voting in the precincts
he would be prepared to prove frauds III The
interest of the 1ilden electors of the crosses
description. He hastily ran over number O
counties which could be brought up to offse
the single one selected by Mr.. Field. Mr.
McCrary followed up the argument agains
} the powe of Congress ogo behind the returns
citing authorities to show that the proceeding
on writ of quo lrdrTO,ltO do not invalidate tn
acts of apublic officer done before the case /
l determined.
r Arguments were made by Messrs. OConor
? MerTick and Black, in behalf of the Democrats
, and Stanley Matthews and Mr. Stoughton Il
5 behalf of the Republicans on the question o
going behind the Florida certificates, and ad
hitting evidence. The most notable argu
ments were those of Mr.. Merrick and Judg
Matthews.
Mr. Melrick, in behalf of the Democrat
COUNSEL pointed ont that there were two propo
sitons with respect to going behind q duly au
: thenticated return of a State. One was, tina
; the Federal government could invalidate tn
return, or in other words, reject vot
y on its own motion, without the consent of tn
State. The second proposition was altogethe
. different. 1t is that a State itself may under
: take proceedings to invaldate the certificate Q
the governor After a State, of its own wal
: has impeached the governors certificate tn
. Federal government may go behind it. Thi
he claimed had been done III the case of Flor
. da, where the State had done everything i
. her power to overturn the Hayes certificate
y and has made it the duty of the commission
= complete that work. Mr.. Merrick elaine
e that the power of counting votes, granted b
= the Constitution, carries the power to detel
! mine what are votes, and that this determine
: ton is the first duty of the commission.
l. Charles O'Conor made an offer to produt
,r evidence before the commission, but this WE
objected to by Mr.. Eyarts
Il Judge Matthews in his remarks reviewed IL
- series of acts by which electors are appointed
asserting that the final declaration by thereturl
a ing board is in the completion of the appoin
Il ment. That appointment completed, cannot
set aside, except i'll the interval of time betwee
the final act of appointment and the day g
which, under the law, the electors perfor
70 their functions by casting their votes. II
~, authority of the State over the electoral 70
- closes, he said, when the electors have vote
\ Whatever is done with the votes after that tin
is done i'll accordance with the Federal Const
IL tuition and Federal law. In respect to countiI
o. the votes the question is not who shall cou
20 them but how they shall be counted. ~
No Commission had certain discrimination, b
e it must be careful not to undertake a judici
n examination such as is required in trying WI
of quo aCdrrd1atO which involves going to t
O. very bottom and ascertaining the number
r. legal votes cast. If the court attempted to s.
as the facts concerning the States submitted
them to the very bottom, how long til
be would be required? He declared that Il
he power was not conferred upon Congress. i
In only question for the commission to determi
nd was who were the de fdcto electors in Flori
RI ON the sixth day of last December.
, - Mr.. Stoughton spoke for half an hour, folio
II ing Mr. Matthews, and declared that the Flori
ba returning board was the final authority estG
s1o4,, Of do 10