Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-03-09
THE ELECTORAL COUNT.
The Case Of Vermont In the House.


Knott moved the following resolution.
Resolved. that this House requires that
the package rendered by the member from
New York to the President of the Senate in
the presence of the two Houses, yesterday,
and purporting to be the certificate Of elec-
toral votes of Vermont be opened by ths
President of the Senate, in the presence Of
the two Houses. and if found to be such
certificate, the same shall be submitted, to-
gether with the certificate read in the pres
ence of the two Houses, to the cleo
toral commission for Judgment and decision
anc that the Senate be requested to make a
like order, requiring the President of the
Senate to open such package in the presence
of the two Houses and that until such order
be made the House will not be ready to meet
the Senate and proceed with the count of
the electoral vote.
| Asa vote was pressed on this resolution,
and as there was apparent prospect Of its
having majority in its favor. the most
intense excitement prevailed. At the close
of the roll call, the rumor prevailed that the
resolution was carried, but, gradually as
member after member who had been out
when their names were called, or who had
withheld their votes rose in response to the
second call and responded "no,' the gloom
was dissipated. Finally the vote was an
nounced-yeas 1l6. nays l4s.
Mr.. Wood offered an amendment that the
vote OF Solace be not counted.
MIR. Walling moved to lay it on the
table.
A point of order was made that the mo-
tion to lay on the table was not in order.
as this was the main question on which a
vote must he taken under the election law
In the course of the discussion, Wilson
declared that if the House intended to ex-
ecute the law it would be absolutely neccs-
sary to adopt resolution cutting off all
fiibustering.
Mr.. Wailing replied tina: when fraud is
the law hlIbusteriDg Is patriotism.
Mr.. Hancock-Traitors never practice
patriotism.
The speaker overruled the point of order
but the motion was rejected. Mr. Wal
ling then moved to reconsider the last vote.
Mr.. Wood made the same point of order
that it was a dilatory motion and made iu
that intention. The speaker overruled the
point Of order and entertained the motion
| on the ground that it was regular mo-
ton under the rules pending the dlspOsi-
tion OF the main question. The motion to
reconsider was rejected-ycas 6, nays 1863.
The question then REQUIRED on Mr. Woods
amendment as substitute. that the vote OF
Sollace be not counted. Mr.. Caulficld (of
lllinois) interposed a point of order which
was overruled. lie then insisted ON having
the original resolution (PoppletOn 81
read, but in that. too. he was overruled.
Finally, after further dlatory proceedings
at $50 p. IN. the House came to vote on
Poppleton's resolution, as amended by
Wood s substitute. that the vote of SOllace
be not counted. Walling endeavored to
interpose further delay, in the shape of
request that he be excused from voting.
which the Speaker refused to entertain. lie
appealed from the ruling of the Chair,
which the Speaker also refused to enter
tain. so the roll call proceeded and it result
ed-yeas POS, nays &c. So the decision was
that the Sollace vote be no. counted Most
Of the Republicans voted with the majority
for the purpose of sooner bringing the
question to a close. There was but one
more motion left for the minority and that
was to reconsider the last vote. 1t was made
by Mr.. Clark (Mo.) }, and was laid on the
table-l11 to SO. This point was reached
at lO:45, so that the House had spent over
IL hours in the struggle. O'Brien then at
tempted to offer an order that the Senate
be notified. the intention being to spend a
couple of hours mere over that. but the
Speaker refused to recognize him for that
purpose, and said the chair had allowed
a vote on every legitimate legislative mo-
ton. and now the House is brought to the
following paragraph in the law: when
the two Houses have voted, they shall
again meet and the presiding officer shall
then announce the decision OF the question
submitted"
The Senate has notified the House in re-
gard to its action on the objections to the
certificate from Vermont The House has
now reached its judgment on these otiee-
tions. and the duty is mandatory on the
chair to notify the Senate of that fact. Ap-
plause
O'Brien-Therelore offer this order.
Speaker-The chair cannot entertain it.
Springer-I desire to submit proposition
that the President of the Senate be request
ed to bring with him the duplicate return
-IShouts of object.
Cox-There is no use in endeavOring to
prevent the Speaker counting in Hayes at
once.
Speaker-Gentlemen need not object, the
chair has no authority to receive any such
motion.
THE JOINT ASSEMBLY.
At ii o'clock. the Senators entered the
hall and the action OF each House on the OBJ
jections having been read, the presiding
officer announced that the two Houses not
concurring otherwise, the electoral votes of
Vermont would be counted, and they were
thereupon declared as five for llayGS and
Wheeler.
The certificate of Virginia was read
and the votes OF that state were ammo unccd
for Tilden and Hendricks
The vote Of West Virginia WAS next an
nounccd as five for Tilden and Hendricks
TIE LAST STATE.
Then came the last state, Wisconsin, with
10 votes for Hayes and Wheeler. The GER
tfcates OF Wisconsin having been read Lynde
presented objections signed by Senators
Barnum. Mcdonald Kelly, Cooper. and
johnson; and Representatives Lynde,
Burchard. Philips, Tucker. Springer, Rice,
Vance. Young and Mercy. to counting the
vote of Daniel Downs. one Of the electors
for Wisconsin. because he held the Office
of pension surgeon and examining surgeon
for tho pension office prior to and on No
vember 7. 1875. the day of the Presidential
election. and December 6, 1876. on which
day he assumed to cast his vote a. elec-
tor: that said Office was an cifce of profit
and trust, and that said Downs could not
therefore he eonstitutionaily appointed
elector for Wisconsin, or vote a. such un-
said Downs was not therefore duly APP
pointed elector for said state. and that his
vote cannot be constitutionally counted.
The Senate then at ll:25 retired to their
chamber, so that the two Houses might
separately consider and determine the OBJ
jections.
ACTION oP THE SENATE.
The Senate upon arriving at their cham
Der had the objection to the vote Of WlscOn-
sin read. and Cameron, Of Wisconsin. sub
mitted resolution that the vote of Downs
as elector Of Wisconsin, Ia counted. not
withstanding tho otjcrtiurs - agreed Ia
without debate. or rull call. though three
or four democratic senators voted mo
when the question was put Tho House WAS
then notified of the action of the senate.
ACTION OF THE HOUSE.
A. soon a. the Senate Withdrew Mr.. Mills,
OF Texas, rose to privileged question
and sent up resolution to be read Luttrell
interpOsed with motion tor recess, but
subsequently withdrew it to allow Mills
resolution to be received
Ii sets forth that
Whereas at the late election majority
of electors for Tllden were elected, and
Whereas the returning oihccrs oi LousIna
and Florida fraudulently suppressed votes OF
the election of persons not elected and
Whereas the governors OF these states gave
certificates to those not elected, snt refused
thom to persons elected. and whereas these
false certificates were referred IL the com
mission to investigate and report ON the
votes of these states, butit rctus, d to do 50,
and whereas in the conut of the votes IN the |
presence OF the two Houses on account OF
frauds, Tilden, although having received
majority of the electoral votes, has not
majority in said JOINT count and whereas
HAYES has not received majority of the
constitutional electors legally appointed,
and the contingency proSid,d Tor hy the
constitution having happened, 1t berome-
the duty oi the HOUSE t. proceed "iih the
election ul President. therefore
Resolved, That the House proceed lmme-
diatcly 10 choose President from tho per
sons having the hishest number of votes
not exceeding three un the l-t oi those vot
cd for rs President
L 4 l.ksf tE.sr