The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-02-15

OoAoSA WI SNN- eA~N
announced that the Commission would now,
at half.past two, take a recess for three
quarters of an hour, and that no other mat
tiers would be taken up to-day In public
session.
After the recess, the Commission remained
in secret session about twenty minutes, and
after authorizing the announcement that
there would be no public session tomorrow,
adjourned, to meet at noon tomorrow, for
consultation.
The Tripartite Commission, on February
Z, came to a decision in the Florida case.
The following is the minute of the official
record:
On motion of Justice Miller, ordered that
no evidence will be received or considered
by the Commission, which was not SUBJ
mitted to the Joint Convention of the two
Houses, by the President of the Senate with
different certificates, except such as relates
to the eligibility of F. c. Humphreys, one OF
the Electors. The vote is as follows:
Yeas-Bradley, Edmunds, ~Frelinghuysen,
Garfield, Hoar, Miller, Morton and Strong,S,
Nays-Abbott, Bayard, Clifford, Field
Hunton, Payne and Thurman, z.
On motion of. Mr.. Abbott es0tUed, That
in the case of Florida, this Commission will
receive evidence relating to the eligibility
of Frederick C. Humphreys, one OF the
persons named in Certificate No. 1 as
Elector.
Yeas--Abbott, Bayard, Bradley, Clifford,
Field, Hunton, Payne and Thurman, 8.
Nays-Edmunds, Frelinghuysen, Garfield,
Hoar, Miller, Morton and Strong, z.
The Secretary of the Commission was in
structed to inform the counse on the re-
s~pective sides that at II o'clock tomorrow
it will be prepared to hear argument on the
question of the eligibility Of Frederick c.
Humphreys as an Elector.
Humphreys is one of the Republican
Electors, and the question raised as to his
eligibility is that he was at the date OF his
election a United States Shipping Commits.
sioner, which is alleged to be such an office
of trust and profit as to disqualffy him from
acting as Elector, but which Office, it is
asserted by the Republicans, he resigned
before the election.
The Commission, by their decision to-day,
will nave before them in the Florida case
three sets of papers, namely:
First-The certificate of the Hayes Elec-
tors.
S~econd-That of the Tilden Electors.
Third-The paper containing the record
of the Circuit Court of Florida on the quo
q0drrGnto, and subsequent action oil the Leg
~islature Of that State.
After the meeting of the Court on the
morning of February Sth, Justice Clifford
stated that proceedings were now in order.
Under the orders adopted by the Com
mission, yesterday, Mr.. Green, of counsel on
the Democratic side, called on a witness,
George P. Roe, of Florida, who resides in
Tallahassee, and is Attorney-General of the
State.
@. Were you present when the writ of
quo tcdrrdnt0 was served?
Mr.. Evarts objected to the question as not
within the order Of the Court.
Mr.. Green said they proposed to fix the
date of the quo aCGrranto proceedings, as
they did not consider the order of the Com
mission excluded that question.
The question was then put to the Court,
and the objection of Mr.. Evarts sustained.
Mr.. T. C. Humphreys having been identi.
fed, Counsel Green presented the COM
mission of Humphreys and the certificate
from the Clerk of the Court in which the
commission was filed, that no resignation
had been filed up to January "a, 1877. Mr..
Humphreys was called, on the Republican
side, and examined by Mr.. Stoughton.
He testified he resigned the Office of United
States Commissioner, and his resignation
was accepted October 5, by Judge Wood,
from whom the Office came. Witness pro-
duced a written acceptance to his resigna-
ton. Mr.. Merri2k objected to the pro-
duction of the paper, as it was an act of an
individual, and not the act of a Court.
To Stoughton--The paper was received
from Judge Wood in answer to his resigna-
and that he Judge Woodsl could
come to Pensacola and hold
Court, the duties would be discharged by the
Collector of the port. The Introduction Of
a letter from Hiram Potter, ], Collector Of
Customs, dated October 5, 1876, asking wit
ness to turn over the books and papers oil
his office was objected to by Mr.. Merrick
Witness stated he did turn over the office
and had not exercised the functions Of the
Office since.
Speeches were then made by Judge Hoadly
and Ashbel Green for the Tilden side
Judge Hoadly commended that the tender o.
his resignation to the Judge in Ohio, ant
the acceptance of the same by the Judge in
b. Ohio, was not an act of the Cour of Flori
ida, and that, therefore the resignation O.
Humphreys had not been legally accepted
and that he was, consequently, at this time
holding an Office of profit and trnst undeI
the United States, and, therefore, was ineli
gible as an ElectOr.
The Electoral Commission were in session
on February 9th, from ten in the morning
till half past ten in the evening. Almos
the entire time, until nearly the close of th,
session, was occupied with a debate, il
, which every one of the fifteen members o
the Commission, by turns, participated
Two or three of the Justices and several o
the Senatorial members read deliberately
prepared opinions on the main points q
issue, and the discussion is understood +
have been from its commencement to it
/ close of extraordinary power and ability
| A resolution declaring the Electors name'
$ in certificate No. 2 1.-THE Democratic) az
| pointed, was rejected by a vote of to s.
Mr.. Garfield offered he following, whic
S was adopted:
i Resolved, That four persons, to-wit: Frederick
!. Humphreys, Charles W. Pierce, VIM. b. Holder
and Thomas W. Long, were duly appointed Electol
: of President and Vice President for the State
Florida, and that the votes cast by theaforesai
. four persons are the votes provided for by the Cor
~stitution of the United States.
The vote in detail on the adoption of thi
resolution was as follows: Y~eas-Bradle,
. Ednunds, Frelinghuysen, Garfield, Hoa
Miller, Morton, and Strong, s; nays-Abbot
! Bayard, Clifford, Field, Hunton, Payne, an
$ Thurman, 7.
On motion of Mr.. Garfield, Messrs, e.
! munds, Bradley, and Miller were al
a pointed a committee to draft a report of Ii
Commission, with a brief stat
ment of reasons therefor, to /
> signed by members agreeing therein, and
be transmitted to the joint session of tW
Houses, as required by the Electoral Act.
The following are points of the formal d
= clSl0n by the Court:
First. The Commission, exercising til
+ powers of both Houses under law, an
h having examined all the certificates an
. papers referred to them, find that they ha,
no authority to hear evidence dliendi,
. in other words to hear evidence outside
q the certificate of the Governor of the Sta
g of Florida, founded upon the Discriminate
of the Canvassing Board of the State as to i
A vote.
o Second. The Commission could not co
+ slider as evidence any act of the Legislatu
4 or courts in determining whom the Sta
had appointed as Electors after the day sa
4 electors gave their vote.
Third. Iu regard to the alleged inelie
bility OF F. C. Humphreys there was n
n sufficient proof that he held the office on IL
9TH of November.
d Battle .Uith CieUe,lnes.
A st. Paul dispatch, official, receive
n at the military headquarters in Chicag
i says the following has been received V
- Boseman and Helena:
HEADQUARTERS COMMAND ON
~ January 20.
rs l have the honor to report this comman
fought the hostile tribes of the Cheyen1
and Ogallalla Sioux under Crazy Horse,
lie skirmiShes, on the first. third. and seyent