Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-02-14
Counting the Vote.


Congress has, since the case of Florida
WAS given to the electoral commission,
been doing an average amount of legisla-
tive work on appropriation bills and the
like but neither in Washington or through
the country at large is much interest taken
except in the all absorbing question ofwho
is to be the next president,
The decision in the Florida case was
looked for with much interest us it in
volved some of the questions that will
arise in the Louisiana argument. The
democrats were greatly disappointed last
Wednesday when the commission decided
hy vote Of 8 to not -" 10 90 behind the
returns" The five democrats from Con.
gress and Justices Clifford and Field voted
Ia go behind the action of the State author
tiles. The principle thus maintained by
them seems to us directly against the old
democratic doctrine of States rights
Chief Justice Church. of New York, in Il
letter written within II few days says he
"always held the opinion that the anthem
tication of the election of Presidential
Electors according TO the laws of
each State is final and conclusive and
that there exists no power to 60 behind it b"
This opinion Of one of the most learned
democrats in the country, one who has
been prominently mentioned in connection
with the presidency, states very well dem
ocratic doctrine before it was put under
subsection to the interests of "Tiden and
Reform"
After the decision of Wednesday the
commission heard arguments on the certif-
Gates before them, and found that Humph-
reys, the alleged ineligible Hayes eector,
was rot ineligible. This was determined
Friday, which day was occupied in private
session and discussion On the same day
it was decided to count the Hayes votes
from Florida, and report was made to
the president of the Senate to that effect.
In their report the commission state the
rule adopted as to evidence as follows:
That it is not competent, under the con-
stitution and the law rs it existed at date
of the passage Of said act to 90 into evil
dence aliunde, the papers opened by the
president of the Senate in the presence of
the two houses, toprove that other persons
than those regularly certified to by the
governor of the state of Florida, in and
according TO the determination and
declaration of their Appointment by the
board of state canvaSsers of said state
prior to the time required for the perform
ance 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 Florida subsequent TO the
casting of the votes of the electors on the
prescribed day, are inadmissible for any
such purpose.
Saturday the joint convention assembled,
heard the report of the commission count
ing Florida for Hayes, and objection there
to being made, the two Houses separated
to vote whether the decision should stand.
The Senate voted at once, As to 26,t sustain
the commission, but the House took a recess
till Monday, when it said 1GS to 1903 that
the decision of the commission ought
not to stand. Monday afternoon the con-
vention re-assembled and the two Houses
not agreeing the commission decision
stood and Florida was counted for HAYES
The counting then proceeded to Louisiana
rs will be seen in another column, and or
objection TO the Louisiana certificates that
state was referred to the commission.
1t will no doubt be a week or more be-
fore report is made, and if it is in favor
of Hayes he has still TO run the chance o
getting the Watts vote from Oregon. The
democrats have been greatly disgusle(
and excited over the Florida decision, anC
the republicans correspondingly elated
The speech by Mr.. Carr, the democratic
successor of Mr.. Kerr, and the rawlings o
the NesO York Satn, show the state of minr
into which the thick and thin parlsan
of that side have been thrown,
But it is well for the republicans to re
member that Tilden can afford to loose al
the disputed points but one, while a sin
gle vote lost by Hayes tells the tall
against him. All that can be said for GU
side is that the republican case "stil
lives" and that its symptoms are favor
able for the future.
We believe that Mr. Hayes has y better
title TO the presidency than Mr.. Tildcl
and see good reason to hope that he will
not lose his case by the alleged technical
defects in the Louisiana and Oregon votes
1t is certain that he will not lose it becaus
of the howls about fraud that have issue,
since the 8th of November from the schoo
of Tammany reformers, whose grea
spokesman is that David Dudley Fiel
who will be forever famous by completing
trinity of client that embraces FISH
Tweed and Tildcn.
n We call attention to the fourth pag
r.l 1