Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1877-02-16
Tn. Decision ofthe Commission in FuII.
ELECTORAL COMMISSION.
WASHINGTON, d. c., February, 8, 1871.

ELECTORAL COMMISSION.
WAsHINoToN, d. c., February, 0, 1871
To the President Of the Senate Of the
United States, presiding in the meeting OF
the two houses OF Congress Under the act
Of Congress entitled "An act to provide for
and regulate the counting Of the votes for
President and Vice President, and the de-
cisiou of questions arising therolrom, for
the term commencing March 4, Ammo Dom
mi 1877" the electoral commission men
toned in said act. having received certain
certificates and papers purporting to be GER
tiheates and papers accompanying the same
of the electoral votes from tue Slate OF
Florida, aud the objections thereto submit
ted to 1t under said act now report that it
has duly considered the same pursuant to
said act, and has decided aud does hereby
decide that the votes Of Frederick G. HUM
phreys, Charles II. Pearce, William H..
Holden and Thomas W. Long, named in
the certificate OF NJ. l.. Stearns, governor +
said State, which votes are certified 10y
said persons as appears 10y the certti cate
submitted to the commission as Aforesaid,
and marked No. by said commission, and
herewith returned, are the votes provided
for by the constitution oil The United States;
and that the same are lawfully to be count
ed as therein certified, namely, four votes
for Rutherford u. Hayes Of the Stale Of
Ohio for President, and four votes for Will
liam A. Wheeler OF the State Of New York
for Vice President.
The commission also has decided and
hereby decides and reports that the four
persons first before named were duly APP
pointed electors in and by said State OF
Florida. The ground of the decision, stat
ed briefly as required by said act is as fol-
lows; That it is not competent, under the
constitution and the law as il existed at the
date of the passage of said act, 10 60 into
evidence aliunde (outside) the papers
opened by the president OF the Senate in
the presence OF the two houses, to prove
that other persons than those regularly GER
tilted TO by the Governor of the Slate oil
Florida, in and according to the determine
ton and declaration of their appointment
by the board Of state canvassers OF said
State prior TO the time required for the per-
Torrance Of their duties, had been appoint
ed electors, or by counter-proof 10 show
that they had not; and that all proceedings
OF the courts, or acts of the Legislature oil
the executive OF Florida subsequent to the
casting of the votes of the electors on the
prescribed day. are inadnissiblc for any
such purpose.
As TO the objection made to tine eligibility
of Mr.. Humphreys, the commission is Of
the opinion that, without reference to the
question of the effect of the vote of an ineli-
gible elector, the evidence does not show
that he held the office OF shipping commits
sioner on the day when the electors were
appointed.
The commission has also decided and
does hereby decide and report that as q
consequence Of the foregoing, aud upon the
| grounds before stated, neither OF the pa
| pers purporting TO be certificates of the
| electoral votes of said Stale Of Florida
! herewith returned, are certificates OF tht
votes provided for by the constitution 0
the United States and that they ought no
| TO be counted as such.
Done at Washington, the day and veal
| fits: above written.
SAMUEL F. MILLER 0. p. MORTON, w
| STRONG, FREDERICK Z. FRELINGHUYsEN
JOSEPH p. BRADLEY, JAMES A. GARFIELD
| GEORGE +. EDMUNDs, GEORGE f. HoAR
commissioners.