The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-20

duties, had been appointed electors or By
counter proof to show that they had not
or that the determination Of said returning
officer was not In accordance with the
truth and facts, the commission by ma
Jority of votes being of opinion that 1t il
not within the jurisdiction of the two
houses assembled to count the votes, Ia
enter upon the trial of such question.
The commission by majority of votes
is also Of opinion that 1t is not competen,
to prove that any of the said persons so ap
pointed electors as aforesaid held an office
OF trust or profit under the United States
at the time when they were appointed, or
that they were ineligible under the laws of
the state, or any other matter offered to be
proved dliunde said certificates or papers.
The commission is also of the opinion,
by majority vote, that the returning Of
tcers of elections who canvassed the votes
were lawfully constituted body by virtue
of constitutional law, and that vacancy
in said body did not vitlate its proceedings.
nv NbhlunlhclOn mas hlbO utClutu anu
does hereby decide by majority of votes
and report as consequence of the fore
going and upon the ground before stated
that the paper purporting to be the certifl-
cate of electoral votes of said state Of Lou
isiana objected TO by T. o. Howe and
others, marked N. q. No. 2, by the COM
mission and herewith returned, is not the
certificate of votes provided for by the con-
stitution of the United States, and that they
ought not to be counted as such.
The decision was signed by the eight
members voting for 1t.
The presiding officer asked for objec-
lions.
Mr.. Gibson of Louisiana presented OBJ
Jections to the decision on the ground that
the commission had refused to receive evil
dcnce which had been offered, and had de-
cided that the votes mentioned in certifi-
Gates Nos. l and 3 should be counted for
Hayes and Wheeler, such evidence to the
contrary Notwithstanding. The paper re-
cites at great length the proceedings of the
commission. 1t ia signed by most of the
democrats of both houses.
The reading Of the paper occupied an
hour. 1t consisted of repetitions of the
various forms in which evidence had been
offered and refused. Conversation pre-
vailed on the floor and in the crowded gal
leries to such an extent that the presiding
officer had to appeal for silence. When
the reading WAS ended and opportunity
was given members to step TO the desk and
sign the paper and append their signatures.
This consumed more time, and added to
the uproar.
AT 1916 o'clock the joint convention
was again called to order. Mr.. Wallace
of Pennsylvania presented objection. First,
that the decision is in violation of the cleo
toral act, in that by the act the commission
is required to decide whether any and what
votes from such state are the votes pro-
vided for by the constitution, and what
persons were duly appointed electors.
Second, because the act creating the CON-
mission was passed that the commission
would examine the evidence and honestly
decide what electors were fairly and legal
to hear and consider evidence offered to
| show that the electors they had recognized
had falsely and fraudulently acted as such
electors, and also refused offers to show
that the pretended certificates of election
were procured by corruption aud were
wholly untrue.
Mr.. Cochrsne Of Pennsylvania presented
protest signed by himself and several 9th
ers, for the following reasons: First. II
was not denied before the commission that
the Tilden electors in Louisiana had re-
ceived large majority. Second. 1t was
not denied that Wells and associates, styl.
ing themselves the returning board, were
gully of gross fraud, that their certificates
were false and fraudulent, or that their &C.
ton in canvassing votes was in violation
of the letter and spirit of the act I'm DEF
which the commission was created and OF
the spirit of the constitution.
The senate having Withdrawn, Mr.. Wood
rose to make motion.
The speaker interposed and ruled tina
the new legislature was now commencing
| Proceedings were thereupon opened by
the chaplain with prayer.
Mr.. Wood moved that tho house take
recess till tomorrow.
The speaker desired to present some en-
rolled bills, but Mr.. Conger OF Michigan
objected.
Mr.. Woods motion was agreed to-yea
l40, nays 1870.
The following democrats voted in th'
negative Messrs Ainsworth, Anderson
John H. Bagley, Bell, Campbell, Car, Cos
teller, Finley, Goodin, Hatcher, Raymond
Hopkins, Jones of New Hampshire, Kehr
Lamoyne, Morgan, Neal, Phelps, Potter
Powell, Stevenson, Tarbox, Warren, Well
OF Missouri, Willis, Wiltshire and Yates.
The house thereupon took recess AM
the democratic members remained in tn
hall for the purpose Of holding a conve1
ton.