Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1877-02-13
Staamtotl Spectator,
TUESDAY, FEBRUARY 10. 1877.
The Electoral Commission.


TUESDAY. FEBRUARY Is, 1877.
The Electoral Commission.
The decision arrived at by the Electo-
raj Commission on last Wednesday Gre
ated great deal of interest throughout
the country. 1t was great disappelnt-
ment to the Democrats and had quite
effect upon their spirits, and
inspired the Republicans with renew
ed hopes of success. The following is
the minute of the official record OF the
Commission:
On melton of Mr.. Justice Miller
Ordered. That no evidence will be re-
ceived or considered by the Commission
which was not submitted to the Jelnt
convention of the two Houses by the
President of the Senate with the differ
ent certificates, except such as relates to
the eligibility of F. G. Humphreys, one
of the electors.
The vote is as follows:
Yeas-Messrs. Bradley, Edmunds,
Frelinghuysen, Garfield, Hoar, Miller,
Morton and Strong-8.
Nays-Messrs. Abbott, Bayard, Cliff
ford, Field, Hunton, Payne and Thur
man..
On motion of Mr.. Abbott
Resolved, That in the case of Florida
this Commission will receive evidence
relating to the eligibility of Frederick
G. Humphreys, one Of the persons
named in the certificate No. as elector.
The following is the vote:
Ahhaft Do rI H.
ley, Clifford, Field, Hunton, Payne and
Thurman-8.
Nays-Edmunds, Frelinghuysen, Gar
field, Hoar, Miller, Morton and Strong
u.
The most unfavorable feature of the
action of the Commission was the fact
that it was done, seemingly, by strict
ly party vote. The effect of the first or
der, excluding all testimony not submit
ted to the two houses by the president
Of the joint convention, is to shut out
all the testimony by the House showing
the fraud of returning officers. The Dem
ocrats were anxious to show the corrup-
lions of the returning boards, but it
is probably just as well as it is, for if
that had been the case, the time between
now and the 4th of March would have
been consumed in the investigation and
discussions, and if no election had been
made by that time, the present Vice
President Ferry would have been acting
President.
On Thursday, before the Commission,
the case of HUMPHREYS being up evidence
was given and the ground taken by the
Democratic side that his letter of resig.
nation of the Office of United States
shipping commissioner to Judge Wood
and the latter's acceptance of it by letter
written in Ohio in October last, was not
legal or effective resignation, the ac-
ceptance not the act Of the Circuit
Court Of Florida, the court not being
then in session, and there being no re.
cord since. of such resignation. The ar
gument was opened by Judge Hoadley
holding that in the event of the election
of an ineligible individual the election
was void. Mr.. Shellabarger followed or
the other side, abiding, however, to thu
quo warranto proceedings, which he al
legged were not before the Commission
being only alluded to in the certificate o
Gov. Drew, and indicating very clearly
the ground of the republican side thai
all that was done by the courts, Leg.
islature and Governor of Florida after
the 9Th of December, the day of cast
ing the electoral vote, was a,nullity.-
Mr.. Evarts argued to the same effect
Argument in the case was closed by
Mr.. Merrick, in opposition to the eligi
bility of Humphreys. In making it ht
was subjected to running fire of ques.
tons that interrupted but did not break
the thread of his argument, and, on the
whole, seemed to strengthen his points
On Friday, the electoral commission
was in session from 10 o'clock A. NJ te
8o'clock, P. M. By vote, eight to sew
en-, the same as decided the question O
the admission of testimony, the commits
sion declared that the four electoral votes
of Florida should be counted for Hayes
and Wheeler, thus recognizing the eligl
bility of Humphreys.
The following are the points of the
decision:
First. The commission, exercising the
powers of both houses under the law,
and having examined all the certificates
and papers referred to them, find that
they have no authority to hear evidence
aliundi, or in other words, to hear evil
dence outside OF the certificate of the
Governor of the State of Florida, found
ed upon the determination of the can
wasting board of the State as to its vote.
Second. The commission could not con-
slider as evidence any act of the Legisla.
ture or courts in determining whom the
State had appointed as electors after the
day the said electors gave their vote
Third. In regard to the alleged ineligi
bility of f. G. Humphreys there was moi
sufficient proof that he held office on the
It'll of November.
On Saturday, at l o'clock, the two
Houses of Congress met in joint session
to receive and consider the decision OF
the Electoral Commission on the vote
of Florida.
When the decision was read, Repre-
sentative Field presented objections sign.
ed by the required number of Senators
and Representatives as follows:
Senators Jones, Cooper, Barnum
Herman, salisbury, and Macdonald
and Representatives Knott, Field, Hol.
man, Tucker, Thompson, jerks, Fen.
ton, Saylor. Wise, Morrison, Hewitt.
and Springer.
The Houses then separated to conside,
the objections. Without taking action
upon them, the House at P. NJ, voted
to take recess until Monday at ten
o'clock-ayes, 1853; nays, los.
The principal objections to the action
Of the Commission were that the COM
mission had excluded all evidence taken
by the two houses of Congress as to
frauds, &C., in the Florida election, as
as well as all evidence to prove that the
State of Florida, by all departments of