The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-03-01
LLEClOhAb SOAl W lsSlON,
WASHINGTON, D. C., Feb. -.

missions decision in the S0nth Carolin;
case
ELECTORAL COMMISSION, !
WASHINGTON, D. C., Feb -. !,
70 Tic President Of The Senate, DC:
The Electoral Commission mentioned
in said act having received certain Ger
tiiicates and papers accompanying game
Of the electoral votes from the State o
South Carolina, and objections thereto
submitted to il under said act, now repor
that it has duly considered the same il
pursuance OF said act, and has bv ma
jority OF votes decided, and does hereb,
decide that the votes oil G. c. Bowen, j
Winsmith, Thomas L. johnson, Timoth,
Hurley, W. B. Nash, Wilson Cook anc
W. +. Meyers, named in the certificate o
D. II. Il. Chamberlain, Governor Of sait
State, which votes are certified by sal,
persons as appears by the certificates
submitted to the Commission rs alorcsail
and marked No. |, South Carolina, b,
Commission, and herewith returned. arc
votes provided for by the Constitution o.
the United States and the same are lawful
ly to be counted as therein certified, name
", seven votes for Rutherford i. Hayes
OF the State OF Ohio, for President, and
seven votes for Wm. A. Wheeler, OF the
State OF New York, for Vice President,
The Commission has by majority oi
votes decided, and does hereby decide and
report, that the seven persons first above
named were duly appointed electors in
and by the State Of South Carolina.
The ground Of this decision is: It ap.
pears upon evidence as by the constitution
and law named in said act Of Congress is
competent and pertinent to consider the
subject; that the before mentioned clcc,
tors appear TO have been lawfully ap,
pointed such electors OF President and
Vice President Of the United States for
the term beginning March i, 4. u. lS7777,
OF South Carolina, and that they voted
"a such at the time and in the manner
provided for hy the Constitution OF the
United States and law, and the Commis
sion rs further grounds for their decision
are OF the opinion that the failure OF the
Legislature to provide n system 0,
registration ol persons entitled to
vote does not rcpdCr nugatOry all
elections held under said laws
otherwise sufficient, though il may he III,
duty OF the Legislature 10 enact such Il
law. II il were otherwise, all the Gov
crnmcnt in that State is II usurna,ion
Its officers without authority and socia
compact in that State is at m end, that
this Commission must take notice tina,
there is Government inSouth Carolina
Republican in form, since its consliU.
tion provides for such n Government, and
il is, and was, on the day OF appuinling
the electors 90 recognized hv the Exccu,
tive and by both branches OF the lcgis!a.
tive departments OF the Government uI
the United States, that 10 far ~ this Com
mission can take notice OF the presence
Of the soldiers OF the United States, in
the State Of South Carolina during the
election, it appears that they were placed
there hy the President Of the United
States to suppress instruction at the 70,
quest OF the proper authorities OF thu
State, But we are Hlp0 Of the opinion thai
under the papers before uS it appears that
the Governor and Secretary OF State hay
ing certified under the seal Of the Stat,
that the electors whose votes We have de
Cidcdt he the lawful electoral votes o
South Carolina, were duly appointed as
electors, which certificate both by the
presumption Of law and by the certificate
Of the rival claimants OF the electoral
office was based on the action Of the State
canvNsscrS, there exists no power in this
Commission, as thCrc exists none in the
two houses Of Congress, in counting the
vote to inquire into the circumstance
under which the primary vote for electors