Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-23
News by Telegraph.
THE ELECTORAL COMBUSTION
RESOLUTIONS to Receive Testimony De-
feated by n Vote of 5 to :.

RESOLUTIONS to Receive Testimony De-
feated by n Vote of to-.
WASHINGTON, Feb. I6.-At 5 o'clock p.
m, the following resolutions acted on by the
commission in secret were reported to the
counsel.
Mr.. Hoar submitted the following, at Is
ordered that evidence be not received"
Mr.. Abbott offered as substitute reso-
luton, THAT evidence be received TO show
that so much of the act of the House
establishing the returning board for the
state Is unconstitutional and the acts Of
said returning board are void. Rejected,
by the following vote yeas-Abbott. Bay
ard. Clifford, Field, Hunter, Payne and
thurman; nays-Bradley, Edmunds.
Frelinghuysen, Garfield, Hoar, Miller, Nor
ton and Strong-8.
Abbott submitted another substitute
Resolved that evidence be received to show
that the returning board of Louisiana at
the time OF canvassing and compiling the
vote OF tho last election, was not legally
constituted under the law establishing it
that 1t was composed OF four persons Of one
political party, instead of five persons of
different parties" Rejected by the same
vote.
Abbott offered another resolution, . that
the commission receive testimony on the
subject OF frauds alleged in the state" Re-
jected by the same vote
Abbott offered q fourth substitute, Re
solved that testimony tending to show that
the so-called returning board of Louisiana
had no jurisdiction to canvass for electOys
Is admissible" Rejected by the same vote
Abbott offered a fifth substitute, " Re-
solved that evidence is admissible that
the statements and afhdavits purport-
ing to be made and forwarded to the re-
turning board in pursuance of the proyis-
ions of section % of the law of 1872, al
leging there was intimidation and viO-
lence at or near certain polls, and in GER
tam parishes, were false and fabricated
and forged by certain disreputable persons
under the direction and knowledge of said
returning board; that said returning board
, knowing said statements and afhdavits to
be false and forged, and that none of such
statements and afhiavits were made in the
manner or form or within the time requir-
ed by law, did Knowingly, Wilfully and
fraudulently fail and refuse to CANVASS or
compile more than 10000 votes cast
shown by the commission of electors"
Rejected by same vote.
Bayard submitted another substitute.
"Resolved. that no person holding Office un-
der the United States il eligible to be sp-
pointed electOr and that the commission
will receive evidence tending to prove
said ineligibility offered by counsel for
OhJectors to certificates No. and }. Re-
jected by same vote.
Justice Field offered the eighth and last
substitute: Resolved, that in the opinion Of
the commission. evidence is admissible upon
the several matters which the counsel
making objections to certificates Nos. l
and offered in proof" Rejected by the
same vote, and the question on the original
order of Mr.. Hoar came up, that evidence
offered be not received" Mr.. Payne
moved to strike out the word mot: re-
jected by same vote. The vote on the original
order WAS then taken and adopted: Yeas
Bradley, Edmunds, Frelinghusen, Garfield.
Hoar, Miller. Morton. Strong-8 Nays
Abbott, Field. Bayard. Payne, Clifford,
Thurman, Hunton-7.
The Commission Decide In Favor of
Certificate No. Is to :.
Immediately after, the doors were closed,
and Mr.. Morton offered the following;
Resolved that the persons named as elec-
tors in certificate No. l, were the lawful
electors OF Louisiana, and that their votes
are the votes provided for by the constitution
of the United States. and should be count
ed. Adopted by the same votes to 7.
Messrs Miller, Bradley and llOar were
then appointed to draft report of the
decision with a brief statement of reasons
therefor to be signed by the membersagree-
ing therein, and TO be transmitted to the
| Joint session of the two Houses, and re-
cess oil an hour was taken to afford time
to draft the report, which upon reassembllng
was presented and after being read was sign-
| ed by Miller, Strong, Bradley, Edmunds,
Morton, Frelinghuysen. Garfield, and Hosr.
The report is to the following effect {:
The electoral commission having received
| certain certificates and papers purporting
to be certificates Of electoral votes of Louis
| lana, and certain papers accompanying the
same, objections thereto, report that 1t has
| duly considered the same and has decided
| that the vote Of tho electors named in
certificates Of Gov. Kellogg are the votes
provided for by the United States constitu-
tion and that the same are lawfully to be
counted as certified, namely tor Hayes and
| Wheeler. The ground of this decision is
that it is not competent TO go behind the
certificate of governor so far as 1t IS
founded on the ground of returning
board.
The report will also state that the COM
mission could not receive any evidence TO
show thet any electOr was ineligible on
the ground that it was not essential TO show
that an eiector was eligible on that day, so
long as he was eligible when he cast his
vote in the electoral college. and the fact
appears that the alleged neiigiblelelect0rs,
| Brewster and Levissee, were chosen TO nil
the vacancies caused by their own absence
from the college, and there was no sllega-
tion of ineligibility at the time they cast
their vote.
At nine p. IN the commission adjourned
| While IN secret session, remarks were made
by Morton. Bayard, Eimunds. Garfield.
uoar and Bradley, the latter closing the
discussion. The report will be presented to
the joiat session Of Congress. tomorrow.
and the same preliminary action will bo
| rnEur a !. In thI. EInrihn rasn