Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1877-02-16


accordance with the Democratic program.
moved that the House take a recess till
Monday at 10 o'clock. The Republicans
Immediately made point of order that the
electoral law required the two houses to
Immediately proceed with the considers-
ton OF the objection. Mr.. kasson insisted
that if the Democratic majority should
force postponement of the count for two
days, the people of the country will want
to know whether the Democratic party in
tends to defeat the final accomplishment of
the count. Mr.. McCrary, one of the Re
publican members of the committee which
framed the bill, insisted that the authority
to take a recess had been exhausted when
the Florida case was submitted to the tr-
bunsl, and that delay was a defiance of the
Constitution. Amer a protracted debate,
Speaker Randall, at $50 ruled that no re-
cess could be had If the two hours debate
had been entered upon, but that the obiec-
ton having arisen and no debate having
been entered upon, the recess could be
taken. The House then, by party vote,
ordered the recess until Monday.
AhO DOhANOs OA 40 pa - ANU 1pAoANOi aOiS
fillibustering and opposition on the part Of
the Democrats, voted to affirm the decision
Of the Commission, and having learned
that the House had voted to take a recess,
also took a recess till Monday, at 10 A. NJ.
The impression was at first general that
the delay on the part Of the House was in
pursuance of fixed design to stave of the
final result mill tho fOurth OF March huf
the judgment now seems - be that it was
to enable the leaders at Washington to GO
to New York for conference with Tilden,
Sunday, and arrange for the future man
agement of the case, which the Democrats
now acknowledge TO be a desperate one.
When the House met, Monday morning,
Proctor Knott submitted resolution to
refer the Florida case back to the Commits
sion, which he said he would offer as a
substitute for the objection filed. a point
of order was made on the Republican side
that it was not competent for the House to
refer anything TO the Commission. The
spea ker was compelled TO sustain the point
of order, and said that only joint conven-
ton OF the two houses had the right to refer
questions TO the Commission. The debate
on the decision of the Commission was
then begun at a quarter past eleven and
continued until quarter past one, when
the vote was taken. The vote was strictly
party one, the Republicans voting TO sus-
tain the decision of The Commission, and
the Democrats against it.
The joint convention met at $3.50. AS
soon as order was secured Mr.. Ferry rose
aud said The joint meeting of Congress
resumes its session. The two houses sepa-
rately have considered and determined the
objections submitted by member of the
House to the decision OF the Commission
on certificates from the Stale of Florida
The Clerk OF the Senate will now read the
decision OF the Senate. The decision OF the
Senate having been read by its clerk, and
that OF the House by its clerk, the presid-
ing officer said the two houses not concur
ring in ordering otherwise, the decision Of
the Commission will stand unreversed
The counting will now proceed in conform
ity with the decision OF the Commission
The tellers will announce the vote of Flor
| ida. Senator Allison, one Of the tellers
thereupon announced that lhe State Of
Florida had given four votes Tor Il. T.
Hayes OF Ohio as President, and four votes
| for William a. Wheeler of New York as
Vice President. Tue Vice President then
opened the certificate from the State oil
Georgia and handed it TO The tellers. Nc
objection being made the vote was counted
| for Tilden and Hendricks. When Illinois
was reached, to the surprise of every body,
| the proposed objection 10 an ineligible cleo
tor from that State was not made. Spring
er, the Representative who was 10 submit
the objection, finally concluded that il
would be poor business to raise the ques-
ton before the TWO houses which must in
evitably result, under the law, in the count
| ing Of the vote, for ii would make prece-
dent 10 be used before the Commission in
the Louisiana case. So the case Of Louisi-
ana was reached at last, and referred 10 the
| Commission. The objections read show
that tremendous contest is TO be made
over Louisiana, and probably the entire
week will be consumed before reaching a
conclusion. The Electoral Commission
was in session, and the Louisiana papers
were laid before it and were ordered to be
| printed. David Dudley Field presented
himself as the managing objector on the
| Tilden side, and announced to the Com
mission that Senator Mcdonald of Indian
and Representative jerks of Pennsyva
mia would speak for the Tilden certificate.
Mr.. Evarts announced that Senator Howe
of Wisconsin and Hurlbut Of Illinois would
speak for the Hayes certificate. The Com
mission then adjourned until Tuesday,
when the consideration Of the case begun.
The Democrats assert that there are legal
| points in the Louisiana case which were
neither argued nor decided when Florida
was before the Commission, and on which
they rely. One Of these is known to be the
eligibility of an elector named Brewster
a surveyor of public lands, who resigned
his office before he was chosen by the cleo.
toral college, and his resignation was ac-
| cepted. Afler the electoral vote was cast
he was reappointed. The claim is, there
fore, that he could not vacate the office till
his successor was qualified, and as he was
appointed to succeed himself it will be
claimed that he has never been out of the
office, and was ineligible. The Republi-
cans will answer that the decision of the
Supreme Court depended on was made I'M
der the old Tenure OF Office act, and that
under the law as it now stands on the stat
ute book the othce terminated with a resig-
| nation or removal. Neither is il clear
that an electoral vote is worthless because
cast by person afterward discovered 10
have been ineligible. There are several
other nice legal questions which will be ar
| gued before the Commission. Indeed. the
| great fight is 10 be on this Louisiana case.
-6eorge Barnard Of Burlington was in
stantly killed by falling down stairs, a few
days ago.