Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-16
THE ELECTORAL COMMISSION.
They Decide by Vote of = to TO
Count the Four Electoral Votes OF
Florida for Hayes

They Decide by a Vote of to to
Count the Four Electoral yOtes of
Florida for Hayes.
WASHINGTON, Feb. 9.-The electoral COM
mission, this evening, by vote OF against
Z, decided that the four electoral votes OF
Florida should be counted for Hayes and
Wheeler. A formal report to this effect
was signed at 500 p. m. by Bradley, Ed
munds, Frelinghuysen, Garfield, Hoar, Mil
Ter, Morton and Strong, and will be sent
to the President of the Senate tomorrow
morning.
To-DAY's SECRET SESSION OF TIE COMMISSION
The electoral commission were IN secret
session from Il a. m. until hali-past eight
O'Clock this evening, continuously. and
with the exception of two short reeesses
almost the entire time until nearly the
close of the session was occupied with de-
bate, in which every one Of the fifteen mem
bers of the commission by turns partlcl-
pated. Two or three of the justices and
several of the senatorial members read elab-
orateiy prepared opinions. upon the main
points at issue and the discussion IS un-
derst0od to have been from its commence,
ment to its close of extraordinary power anu
ability. The question of the eligibility oi
Il. Z. Humphreys was not made SUBJECT
of much discussion, nor was any vote taken
concerning it. At ono stage OF the pro-
ceedings. however. Thurman offered a reso-
luton declaring there was not sufhciente
dence offered to show that Humphreys was
not shipping commissioner on the
9Th day of November. This resolution
was criticised by several republican members
on the ground that it may carry the lmpii-
cation that if Humphreys had been such
h., -fh Of Nnvpmhpr. his
vote would have been invalid and the reso-
luton was not urged. there seeming prac-
tically unanimity of opinion that Hum
phreys' resignation was legally eifectual,
being rendered before the election
About o'clock p. III. the debate being
ended Mr. Edmunds submitted resolution
declaring that the four republican cleo
toral votes of Florida should be counted,
and embodying also various reasons ior
such declaration. Hunton offered the lol-
lowing as substitute:
Resolved, That the electors named in the
certificate No. =. to wit Wilkinson Call,
j. L. Yonge, Robert Ballock and Robert b.
Hilton are the four persOus who were duly
appointed electors by the state of Florida,
on tie 7th of November, and that their votes
as certified by such certificate are the votes
provided for by the Constitution OF the
United States.
This substitute was rejected by the tol-
lowing vote. Yeas-AbbOtt. Bayard, Cliff
ford, Field, Hunton, Payne AID Thurman
Nays-Bradley, Edmunds. Frelinghuysen,
Garfield, Hoar, Miller, Morton and Strong
Mr.. Edmunds then withdrew his resolu-
tion and Garfield offered the following
which was adopted by the foregoing vote
reversed:
Resolved, That the four persons, to wit,
Frederick G. Humphreys, Chas. W. Pearce,
Wm. Ii. Holden and Thos. W. Long, were
duly appointed electors Of President and
Vice president for the state of Florida and
that the votes cast by the aforesaid four
persons are the votes provided for by the
constitution of the United States.
On motion of Garfield, Edmunds. Bradley
and Miller were appointed committee to
draft report of the decision of the commits
sion with brief statement of the reasons
therefor. to be signed by the members
agreeing thereon, and to be transmitted to
the Joint session of the two Houses
a. required by the electoral act. The
argumentative resolution previously otfer-
ed and withdrawn by Mr.. Edmunds was
adopted by the committee of three with q
few verbal changes as their report, and
about O'Clock it was signed by the eight
members of the commission who had voted
for the adoption of Garheld's resolution.
The formal decision or the report to Con-
gress is very brief. but its complete phrase
ology is withheld from publicity tonight
from considerations of etiquette, as 1t IA to
he transmitted tomorrow morning to the
President of the Senate, under real to be by
him laid before tho joint session of the two
houses Its points however can be accu-
rately stated as follows:
First, The commission exercising the
powers OF both houses under the law. and
having examined all certificates and pa
pers referred to them, find they have nc
author ty to hear evidence outside of the
certTctste of the governor ot the state OF
Florida, founded upon the determination oi
the canysssing board of the state. as to its
vote;
Second, The commission could not con-
slider as evidence an act of the Legislature
or courts in determining whom the state
had appointed as electors after the day said
electors gave their vote.
Third, In regard to the alleged Ineligible
ity of Humphreys, there was not sufficient
proof that he held Cihce on the 7th OF
November.
The secretary of the commission will
Tomorrow morning deliver to the President
pro ten of the Senate the formal decision
above described, together with all the
certificates and accompanying papers in the
Florida case, which were referred to thu
commission. and the secretary will also
deliver to the speaker of the House formal
notification signed by the president OF the
commission. that their decision has been
comrunica led to the President pro ten Of
A.