Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-21
a nd that his place had been filed by the other

III "hicn ne states That he has never resign
cd ms office of United States commissioner. and
that he absented himself for that reason from the
meeting of the electors.
The objection is signed by senators Norwood
Wallace, Barnum and lleraford, and bv reprcsep.
.a'l'es a. > W llliams, Tucker, Vance (Oho) Nc
Mahon, Kice, Sparks, Marsh, Savage and Hurd.
The presiding officer then asked if there any
further objections, and none being made, the SEN
ATE Withdrew to let the objection be considered by
each house separately and acted on.
MIR. Southland of Ohio moved the house take a
recess until ten o'clock tomorrow
| MIR. Hale of Maine raised point of order that
the general scope of the electoral commission bill
intended to prevent delay, and that motion for
recess was not in order.
ihe speaker said as he understood the intent
anu scope OF the bill motion for recess was 10
order, and he therefore overruled the point of
order.
In the course Of the discussion over the ques
tlon OF recess, Mr.. Wood of New York oppos-
ca ihe proposition, and submitted that as it was
sun carry 10 the day, the objection to the count
IRON Michigan should be presented at once. dis
cussed' and acted upon, so that the electoral
count should proceed.
MIR. Tucker of Virginia disclamed any idea of
lnterposing the objection for the purpose of de-
lay He was prepared now TO argue and main
tam 1t before the house. He had nothing to do
with the motion for recess.
Mr.. Southland of Ohio, who made the motion
for recess, defended it on the ground that the
iHNH'"S'o shodiu nave TIME 10 CO0sIuef anu act
upon the objection to the elector from Michigan
lie Tor one desired delay, and he was in no haste
70 install man in the presidential chair several
days before the constitutional time on a standing
vote.
The motion for a recess was voted down by
large majority, and then the yeas and nays were
demanded and taken, and again the motion was
rejected, yeas 81, nays 1872.
MIR. Tucker then offered a resolution declaring
tnat DANIEL l.. Crossman WIS not appointed an
~ thn CtAtn Nsnlt.
directed, and that his vote as eector shall not be
counted.
lie went on to argue that Benton Hanchett hav-
ing teen chose by the people elector, and he
being ineligible on account of holding a federal
commission, there was provision in the law OF
the legislature authorizing the college of electors
to appoint another person in his place. The col
ege OF electors was authorized to fill vacancy,
but this was not vacancy, but vacuum, where
man who was once entitled to an office was alb
sent, then there was a vacancy, but where an Of
hce had never been filled there was vacuum,
and that was the case here. Hanchett having
been disqualified by the constitution, could not be
elected, whatever might be said at the other end
OF the capital, or amidshps before the commits
SONS. lie trusted the house would say that no
man should hold the Office of presidential elector
whom the constitution said should not be selected.
MIR. Conger OF Michigan said that the gentle
man from Va. (Tucker) might, by his warmth,
lead person who was not acquainted with him to
objection. 1t not the first time great states
man had jumped to a conclusion without knowing
the law He quoted from the law of Michigan to
prove that the failure of Hanchett to appear at
the meeting OF the electors constituted vacancy
that 1t was competent for the other electors to I'LL
the vacancy. and that therefore Crossman had
been fairly appointed as an elcctor.
After further further discussion, the house
adopted a resolution offered by Mr. jerks of Pa,
as a substitute for Mr.. fuckers resolution, that
In aft hay tba I,,,., aDf,
for twelve years, the vote of the eector objected
to should be counted.
The senate was notified
At $40 the senators again entered the hail. the
presiding officer taking the chair, and the ont
convention resumed its session.
The concurrent action of each house in over
ruling the objection in the case Of one of the cleo
tors IN Michigan, was announced, and the eleven
votes OF that state were announced as being cast
for Hayes and Wheeler.
Then followed the state Of Minnesota with five
votes for Hayes and Wheeler, Mississippi with
eight votes for Tlldcn and Hendricks, Missouri
with live votes for Illden and Hendricks Ne
vada with three votes for Hayes and Wheeler
Mr.. Springer of Illinois objected TO the count of
one OF the three votes of Nevada, on the ground
that elector G. b. Daggett wa, at the time of h IS
appointment, and for long time previous, a L.
>. commissioner for the circuit and district court
of the United States in the district of Nevada.
The objection is signed by representatives
Marsh and jerks, and senators Barnum, Wallace
and Hereford.
The objection having been read the senators
withdrew.
MIR. Springer moved that the house take a re-
cess Il II ten o'clock tomorrow.
At first there was a majority OF twenty against
the motion, but several republicans changed their
vote from no to aye, and the motion was declared
carried by vote of SO to 81,
The house therefore at Oils took recess till
ten o'clock tomorrow.
SENATE.
Upon the return of the Senate to its chamber
the debate upon the clig bty of ID. l.. Crossman
one of the Michigan electors was carried on un-
der the ten minutes rule. Messrs. Bayard, Ste
venson, Maxey and other democratic Senators
agreed that the evidence Of disqualification in
this case was not sufficient, and they would there
fore favor the counting of the vote.
Mr.. Allison modified his resolution SO as to
read:
Resolved, That the objection made to the vote
of Daniel l.. Crossman, of the electors of
Michigan, is not good in law and is not sustained
by any lawful evidence.
Resolved, That said vote be counted with the
other votes of the electors of said state, notwith-
standing the objection made thereto
The discussion was continued by Messrs. Nor
ton, Stevenson, Bogy, Herman: Sargent, Morrill,, |
Mcdonald and salisbury. and then Mr.. Whyte |
submitted the following as substitute
Ordered, That while it is the sense of the Sen |
ate that no Senator or Representative or person
holding Office of trust profit shall be appoint
ed an eector, and this provision of the Consttu-
ton shall be carried in its whole spirit into rigid
execution, yet that the proof is such as to JUS
tfy the exclusion of the vote of Daniel Cro.sman
as one of the electors of the State of Michigan,
and that his vote should be counted.
The substitute of Whytes rejected by
strict party vote, yeas ~ nays 80.
The question then being on the resolution of
Mr.. Allison Mr.. Mcdonald moved to amend the
first resolution so it would read "Resolved That
the objection made to the vote of Daniel l.. Cross
msu, one Of the electors of Michigan, is not sus-
tanned by any lawful evidence" Rejected by
strict party vote.
Mr.. Cooper demanded separate vote on the
resolutions and, and the first submitted by
Mr. Allison was agreed to- yeas 40, nays II.
The second resolution was then UNANIMOUSLY
agreed to, yeas 6S, nays0.
Mr.. Chrstiaucy moved that the House be mott
fed of the action of the Senate, and also that the
Senate was ready to meet the House and resume
the count. Agreed to.
Mr.. Harvey presented the credentials of p. b.
Plumb, elected L. ;. Senator from Kansas for six
years from March 4, 1877. Filed.
AT 5.l5 q message was received from the House
announcing the action of that body in regard to
the vote of Crossman, the Michigan elector.
Mr.. Allison moved that the Senate proceed to
the Hall of the House Of Representatives to re-
sumo the count.