The New York herald., 1877-02-10

port OF tho commission, and on this the
70 non-concur and In tho House II is probable that
protest will be offered against the commissions de-
cson. Only two hours allowed for debate ON this
notion however, and a. the concurrence Of both
houses is necessary to upset tho commissions de-
cision, and this cannot DO got. Of course u will
stand
II is expected that tho Louisiana certificates and the
accompanying papers will be In the hands Of tho
mission by tomorrow evening. There Is good deal
OF excitement both sides tonight but partcu-
lary among tho democrats, who deeply dsnp-
pointed tho result, and this excitement may mako
itself felt In the two houses The democratic protest
has been prepared at lato hour this evening Itisa
merely formal document, rcciting she principal ec-
mcnts Of tho Florida case as thcy were contained in
the certificates and other papers before tho commits
sion. Its main intention Is TO show tho country on
what evidence tho democratic claim rested, and
against what facts tho decision was maze.
THE EryEcr LOUISIANA.
II is the opinion of tho abcst democratic counsel
Florida decision does not all affect tho Louisiana
In that the question will be whether the
Returning Board had any authority under tho State
law to count the electoral voto Proof will also bo
and that by board which had no authority
to count or declare II, and which. even II
1t hnd was constituted In violation OF the law which
expressly commands that It's members shall be 0ve in
number sclcctcd from all partos whilo It had but
four, all republicans
TIE ISELIGIsLE YLEcroRs.
1t s not understood that tho case Of Ineligible cleo.
tors argued generally In the commission; but tho
republican position that point will bo that though
tho constitution forbids federal olccr to DO chosen
carry out this provision, and that, whilo the
State may, II It chooses punish tho federal
oflccr who allows himself to bo chosen clccior, the
vote by him cannot DO affected as he is a moro
agent punishable in his person. but without void
ing the no performed for his principal tho people
Of the State. The democrats, however, have this
evening discovered another third eector In Louis.
ana supposed to be noligible, josef q colorcd
man, who is reported have been disfranchisod In
Alabama as State Prison convict for bur.
glary. They have telegraphod South tonight for
the evidence, II It exists, II this charge against
Josef Is true and meantime aro looking up the au.
thortcs to see, hrst the statutes OF Alabama dis
franchise convict; aud, second, II tho statutes OF
=
chse him in Louisiana for a dsfranchising crime CON-
m,tted another State It is also reported that Bur.
chard, another OF the Louisiana republican electors,
Is not citizcn for tho reason that he born IN
Hayti and has never been naturalizod
CONCLUSIONS FROM THE DECISION.
The ground taken by the majority OF the commits.
sion in the Florida case, would, ift applied to all
the States. substantially be equivalent to letting the
Vice President count tho votes This was remarked
here this evening with somo irritation by several
democrats; but q democratic Senator replied worry
forcibly:-
1--WE bound to abidc by tho decision Of the com.
mission unless both houses ovorturn II. Tho two
houses could agree about this question Of counting
agrecd to refer commission composed Of an odd
number, 20 that thore should not be tie Tho COM
mission has right to decide, and II It should
decide outright that tho senases position is tho true
onc unless tho two houses agreo to upset this decision
Il would be final"
The common sense Of this was fclt 1t once There
Is general feeling on both sides that the struggle is
BY no means over, and that Louisiana presents Gle.
ments which Florida had not. II will bo seen by a
report elsewhere ttat tho comments Of democratic
members Of Congress the Florida decision are gen.
orally good natured.
THE SEEMING PARrrsAxsHIP.
That which most grevos and dsappoints judicious
and loading OF both parties tho apparently par
tisan division In tho commission and especially among
tho judges, but confidence is expressed that when
other points como up In other cases there will 30 no
such separation.
~ would rather lose the election, said democrat
to-day, ''by unanimous vote OF tho Supreme judges
than SEQ such a seemingly partisan spirit rulo among
thovr