The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-15
HAYES CAPTURES FLORIDA.
Decision of the Commission in Favor of
the Stearns Electors,

Decision Of the Commission in Favor Of
the Stearns Electors,
WASHINGTON, Feb. 9, 1877.
The Electoral Commission had a long
and anxious day of discussion, and came
to vote little before six. Three
propositions were introduced, but only
two were voted on. The resolution that
the ineligibilty of Humphreys, one Of the
electors, was not proved did not come to
a vote, as it was not necessary. 1t would
have been unanimously adopted if it had
been voted on. The resolution that the
Tilden electors were entitled to cast the
vote of the State Was rejected by I to 8,
partisan division. Then came the reso
luton that the Hayes electors were en-
titled to cast the vote of the State, and
this was adopted by 8 to 7, Mr.. Justice
Bradley voting in each case with the Re
publicans. After a recess the report was
drawn up, which will be sent into Con-
gress tomorrow, and this was signed by
the eight members who supported it, the
seven others not signing it, of course.
The ground taken in this report is sub
stantially that maintained by the Repub.
licans throughout the discussion. 1t is
that the Governors certificate and the
certificate of the Returning Board are
final and conclusive; that they cannot
be looked behind, and that the Hayes
electors having these they cast the vote
of Florida.
It was urged on the other side that this
was to give to the Returning Board, con-
sisting of but three men, all of them SUBJ
ordinate officers, men of no high or last
ing functions, and of evanescent official
character, power dangerously great; /;
that it places them above the Supreme
Court of the State, the highest and most
permanent judicial officers within it;
that it gave them greater power and
made them superior to the Legislature,
who are the people of the State, and that
it set a precedent favorable to corruption
and dangerous to the country. All this
did not avail. The Republicans adhered
to their simple proposition that the acts
of returning board are not subject to
revision by any authority, whether of the
State or the Congress that when the
three officers of that Board in Florida de-
clared the Hayes electors chosen that was
final, and it was even asserted that the
Board itself could not lawfully reverse or
reconsider its own decision. The COM
mission of course examined with great
care the three certificates and the accom-
panying documents. 1t was shown in
those of the Tilden electors that the Su-
preme Court of the State had decided
against the right of the Hayes electors
and in favor of the Tilden electors. The
recanvass of the vote by the order of the
Legislature was also shown and the result
certified in detail, proving that the Til
den electors had a majority of votes, as
we'll as the action of the Governor, certi-
flying the action of the Legislature. All
this was gone over carefully, yet the Re-
publicans were immovable. They still
adhered to their proposition that all this
was vain and of no account, and indeed
took the ground of Judge Matthews that,
no matter what rights or wrongs were
shown by investigating, no matter how
clearly it was proved that the Tilden
electors had a majority, and were there
fore lie jure the electors, the simple decla:
ration of the three men who constituted
the Returning Board, though contrary to
acknowledged truth, was final.
It was shown furthermore that the Re-
turning Board had openly confessed fraud
in the change it made from Stearns to
Drew in its re-canvass that this correc-
ton, plainly made because the Returning
Board saw that fraud directly and
clearly provable in the State courts was
sure to be exposed and remedied, cast
Just suspicion upon the declaration in
favor of the Hayes electors, and made it
proper that proof should be admitted of
fraud in that count. But the Republi-
cans still adhere to their position that the
action of the Returning Board could not
be impeached, could not be looked into,
and was final and conclusive of the whole
matter.
The discussion was earnest but not bit
ter. The Democrats carefully explored
and laid before their fellow members the
whole facts in regard to Florida, and these
were considered from every legal and
constitutional point of view. 1t is not
known that the Republicans set up any
denial of these facts, which indeed are
established on competent evidence, and
show that the State was undoubtedly car
ried for the Tildcn electors, and that the
Returning Board by omissions and
changes Of votes, all contrary to the law
which created and defines its duty, gave
the votes to the Hayes electors. To all
this the reply was the action of three Off
GERS who constituted the Returning
Board, and who having given the vote of
the State to Hayes, at once disappeared
from the public view-that their act was
final, incontroyertible; irreversible by
any authority whatever, whether State or
national, and could not even be inquired
into. It is little curious that the posi-
ton thus taken was furnished to the Re-
publican members of the commission by
Judge Matthews, who is near relative
to Governor Hayes. He held in his ar
gument that
"That body of electors, which, with an
apparent right and a'paper title and in
possession of the function, franchise or
Office, actually exercises it, is, for the
purposes of this tribunal, the lawful body
whose votes must BE- counted. 1t is not
necessarily the body which, upon subse-
quent proceedings, may be ascertained to
have had de jure title, but it is that body
which by the color of Office, having the
formal external proofs of authority, was
in point of fact inducted into possession
of the power to cast that vote, and who
did it. In other words, who, under the
law Of Florida, were on the 9th day of
December, 1876, de tacto electors for that
State"
It is said that Messrs. Morton and Gar