The New York herald., 1877-02-08
THE DECISION.
The Commission Will Not Go Be-
hind the Florida Returns.
A STRICTLY PARTISAN VOTE.
The Evidence Of the Three Certificates
Alone To Be Considered.
a RESUME OF THEIR CONTENTS.
Testimony u Be Received Regarding he Al
- legged Ineligible Elsctsr.
REPUBLICANS EXULTANT
Opinions and Discussions on the Effect
of the Decision.
fHE PROCEEDINGS IN SECRET SESSION.
Testimony u Be Received Regarding !hs Al
legged Ineligible Elsctsr.
REPUBLICANS EXULTANT
Opinions and Discussions on the Effect
Of the Decision
fHE PROCEEDINGS IN SECRET SESSION
Anxiety Manifested Concerning the Vote Of
the Fifth Arbiter.

the Fifth Arbiter.
FROM OUR SPECIAL CORRESPONDENT.
ACTION OF THE ELECTORAL COMMISSION ON
THE FLORIDA cAsE-sIoNIFIcANcx OF THE
CONCLUSIONS REACHED.
WASHINGTON, Feb Z, 1871
Tho Electoral Commission opened its doors at four
o'clock and the rst report that had refused go
behind returns or to 1ccanvass the State made tho
:spubicap faces brighten and cast deep gloom over
Tho democrats Why republicans should be made
harpy by report that the of Florida was not to
be scrutinized by committee Of the highest character
Il 10 not easy to tell, unless thoy believe that
they have not honestly come by it. However
that may be, the republicans very
happy and the democrats very gloomy until
copies Of the formal ssorders' OF tho commission
began TO circulate In tho House. which being
fully read the democrats began 10 thnK the matter
was not SO bad, and tho republicans that IL was not
SO good as they at first imagined
CONCLUSIONS or THE COMMISSION.
The commission, alter session OF sixteen hours,
hurtng two days. comes TO these concuslons:-
Ordered, that no evidence will be received or con-
sdcred by tho commission which not submitted
10 the joint convention Of the two houses by tho
President OF tho senate with the different certificates
except such relates 10 the eligibility OF Frederick
C. Humphreys as one OF the electors
Resolved That In tho OF Florida this commits
zion will receive the evidence relating the eligibility
pf Frederick G. Humphreys. ono Of the persons named
IN certificate No. az clector.
The vote eight republicans, including Mr. Jus.
titc Bradley for tho rst order seven democrats
against, and democrats and Judge Bradley tor
the second order, with seven republicans against.
Judge Bradley voted for both tho orders.
THE oRDERs.
appears therefore, that the first order is Of ropub
lcau origin opposed by tho democrats tho secopd
Of democratic origin, opposed by tho republicans The
division In tho commission, to the general disappoin
mens, was strictly partisan. II was hoped by the
best and wlsest of both sdcs horo that even on
such merely preliminary motion as this there would
bo an bipartisan division. The discussion Is SAID
10 havo bcen earnest though entirely good natured
and without bitterness
DExUCRArIc DISAPPOINTMENT.
The democrats are disappointed tho conclusions
TO show, without great delay, that the Returning
Board hai committed frauds In tho canvass and re.
canvass Of the State proving which they expected Of
course TO have the commission give tho State to them
and partly because the republican origin of tho first
''ordcr shows that the republicans mean II possible
TO persuade the commission to accopt tho searns
tifcato nal That this is the republican intention
s confessed but the camer Of both SIDES SEQ that
the order itself does not commit tho commits.
sion TO ,his decision, and that, in fact, IL
ADMITS ALL THREE CERTIFICATES,
hears argument ALL and with tho third certificate
admits tho whole democratic case the action of tho
State Court the quo warranto the action Of tho
Legislature ordering rccanvass Of the state tho &C.
lual recanvass showing q majority for Mr.. TiIden,
which was reported tho Legislature and tho action
pf Governor Drew. All these form parts OF tho third
eertincate and submitted to tho two houses by
the President Of the Senate and they therefore
BY the .sOrder' boorc the Commission, and on thcm
n will tomorrow argument each sido taking two
hours; having done which tho Commission will then
lnaliy decide the Florida
II understood that tho democrats proposed first,
that tho commission should go behind the Returning
Board 10 look for fraud; and, second thSt IL should
allow fraud by tho Returning Board to b. shown
Both these motions wero negativcd by party vote,
Mr. Justice Bradley voting with the republicans.
Thcrcupon came "Ordsr" No.. 1.
MEANING yixs~ oRDsR.
Interpreted by ss relation 10 other propositions this
order TO decnss that tho commission refuses
10 hold ,hst ,hc aouses o, Congress arc a can
vassing o returning board; that IL will uoi con-
soLt to direct scrutiny Of sta,o's vote
by consioss or tho comrnss,on; that II will
sets Of y rcturnng board, but that IL holds that
Ill these matters bolong exclusively to the State and
beyond tho purvIew OF Congress. But at the same
lime tho commission, by Order No. 1, seems distinctly
declare that what tho state docs in relation the
vo,e tho canvass By the Returning board, either
through tho State courts or through tho Legislature
directly representing tho people tho State or by the
Governor or through all bo heard by Congress
acting through tho commission. in other words the
position ot tho commission that tho houses have
no power Interfere and Investigate dirccly. but
tina, they bound TO hoar tho complain. Of State
th4, wrong has been done or fraud committed. and