Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-24


Of theNsid returning board.
Mr.. Townsend (Rep.) }. Of Pennsylvania, sub
mitted minority report recommending the
adoption Of a resolution declaring that the
Republican electors have been electedin Louisi-
ana, and that the election was examined into,
determined, declared and promulgated by the
proper authorities Of said State, under all the
forms Of law and in compliance with the Con-
stitution Of the United States.
Both reports were ordered TO be printed and
recOmmitted.
The Speaker laid before the House COM
municltlOn from Justice Clifford. the presd-
ing officer of the Electoral commission, stating
that he was directed by that commission to
inform the House of Representatives that it
has considered and decided on the matters sub
mitted to It touching the Electoral vote Of
Florida and has transmitted said decision to
the president Of the Senate.
The Senate in a body visited the House. and
the decision Of the Electoral commission was
then read. 1t was signed by eight members, a
majority of the commission.
After the reading of the decision the presid-
ing officer arose and asked whether there was
any objections to the decision.
Mr.. Field (Dem.) of New York, rose and
presented objections, which we're thereupon
read by the clerk of the House. and which set
forth " that to count the votes Of Charles II.
Pearce, F. CHumphreys, W. II. Holden and
Thomas W. Long, as electors for President
and Vice-President, would be a violation Of the
Constitution of the United States"
The Senate withdrew, so that the House
might consider and determine the objection.
As soon as the House had come to order,
Mr. Lynde, of Wisconsin, moved that the
House take recess from Saturday until ten
o'clock Monday.
The Republican members objected to this,
asserting thatit was the duty of the body to &c
on and settle the matter and an exciting dis
cussion followed. During the discussion an
appeal was made from the decision of the
Chair, but the Chair was sustained by vote OF
1876 to 76, and the House by a vote of 1853 to
| 10S voted to adjourn.
The Electoral Tribunal.
| After a secret session the doors were thrown
open. The following is a copy of the minutes
on the official record of the commission.
On motion Of Mr.. Justice Miller,
| Ordered, That no evidence will be received
or considered by the commission which was
not submitted to the joint convention of the
two houses by the president of the s nate will
the different certificates, excepting such as re-
lates to the eligibility of F. G. Humphreys, one
of the electors.
The vote was as follows:
YEAS = Bradley, Edmunds, Frelinghuysen
Garfield, Hoar, Miller, Morton and Strong-8
NAYs-Abbott, Bayard, Clifford, Field, Hun
ton, Payne and Thurman.
On motion of Mr.. Abbott:
ResoIred, Tha the case of Florida thii
commiss IN will receive the evidence relating t.
the eligibility of Frederick G. Humphreys
one of u persons named in certificate humble
one as elector.
YEAS Abbott, Bayard, Bradley Clifford
Field Hunton, Payne and Thurman--S.
NAYS Edmunds, Frelinghuysen, Garfield
Hoar, Miller Morton and Strong.
The secretary of the commission was instruct
ed to inform the counsel on the respective side
that the commission was prepared to hear ar
gument on the question of the eligibility o
Frederick Humphreys as an elector.
Mr.. Humphreys is one of the Republican
electors, and the question raised as to his eligi
bility is that he was at the date of his election
a United States shipping commissioner, whic
is alleged to be such as Office of trust and prof
as to disqualify him from acting as eector, bu
which office, it is asserted by the Republicans
he resigned before the election.
The commission by their decision have befor
them in the Florida case three sets of papers
namely: First the certificates of the Haye
electors second, that of the Tilden electors
and third, the paper containing the record c
the circuit court of Florida on the quo tCd,
rdntO and the subsequent action of the legislt
, ture of that State.
The arguments on the question of eligibilit
| Ou JDe D6uOCTdUIC SlUe were maze Dy JUG
Hoadley, of Ohio, Judge Ashbel Green, of Ne
Jersey, and Richard T. Merrick, of Washington
Judge Hoadley insisted that the question
; Humphreys eligibility turns upon the accel
lance of his resignation by Judge Woods of Il
United States circuit court for the district
, Florida. Humphreys asserts that he resigne
on the fifth of October, and that Judge Woo
, accepted his resignation, and designated Il
collector Of the port of Pensacola as the prop
tp f,lEl fl,nl t,tio Af t1n
successor should be appointed. At the tin
Hump reys' resignation was sent to JudE
, Woods, the latter was in Newark, Ohio, al
from that point wrote to Humphreys, acknoN
edging the receipt of his resignation, and tran
hitting to him his acceptation of the sam
The point made by Democratic counsel is tn
the appointment of shipping commissioner
= made by the circuit court: that Judge Woo
is not the circuit court that the court is n
= held in Newark, Ohio that the matter of re
: ignation and the acceptation thereof has new
been spread upon the record of the courts, al
I that the successor of Humphreys has new
Q been appointed by the court The other cou
? sci on the same side discussed generally t
: value as evidence of the three different cert
b. Gates made by the Republican and Democrat
: electors, and dwelt at some length upon t
. decision of the supreme court of that State
mandamus case brought by Drew agar
q Stearns: and also the quo ,cd,TantO proceedin
: instituted by the Democratic electors.
a Judge Shellabarger and Mr.. Evarts follow,
{ for the Republicans, and Mr.. Merrick clos
Y for the Democrats. Judge Shellabarger c
e served that the electors exercised an act
f government which necessarily terminated on
: day when they cast their vo es. Mr.. Evarts
cussed the eligibility question and the questi
n of validity in the Tilden returns
a The Florida case was formally decided by E.
: Electoral commission after an all day debs
/ among themselves. A resolution proposing IL
"a the Democratic electors be declared elected "
It voted down by vote of 8 to 7, and q resoluti
declaring the Hayes electors legally elected "
passed by the same vote of to THE membt
voting in each case being the same as on t
y previous day. After a recess of an hour
decision was read and signed by the Gig
4 members who voted in its favor The deeisi
% % briefly sets forth:
70 First-That the commission cannot entertl
! evidence outside of the certificate of the gov
u nor as founded upon the determination of t
- board of State canvassers.
y Second-That the action of State by its |,
=, ~ islature or court, taken after the electors
" " cast their votes, cannot be considered as Diet
= mining who were appointed electors.
Third-The evidence presented does !
\ show that Humphreys was United States sh
~ ping commissioner on the seventh of Novemb
l.