The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-28
The Electoral Count.
The Commission Finishes
South Carolina.
The Democratic Elec-
tors Unanimously
Rejected.
And the Hayes EIec-
tors Sustained by
Vote of 8 to Z.

himself to what he considered new points.
Mr.. Cochrane afterward stated that Judge
Black and Mr.. Blair would appear as counsel
for the directors to certificate No. l. They had
been uncertain whether they would attend, but
were now here. Mr.. Cochrane then submitted
certain proffers Of proof which he proposes to
make good if admitted by the Commission,
namely, that there had been failure of regis
tration as required by the state constitution,
and that through such failure over 5000 fraud
ulent votes for Hayes had been cast; that in
August, 1876, a large number of soldiers were
sent into the state under Gen, Ruger, who tele-
graphed that all was quiet and no more troops
were needed, and if more were needed he would
cali for them, but notwithstanding this, on the
next day, October 18th, the President issued
proclamation, and large number of additional
troops were sent into the state without the re-
quest of the Legislature, which could have read
lily been convened; that the troops were sent
not to quell instruction and preserve the peace
but to overawe the voters; that the presence of
the troops emboldened the more desperate Of
the negroes, and in Beaufort and Charleston
they lnaugurated a system of riot and violence
in which they were protected by the state Off
GERS; that the police of Charleston, composed
mainly of desperate negroes, employed its time
in shooting down inoffensive white citizens;
that the negroes at the polls were armed, and
prevented colored men who would have voted
the Democratic ticket from doing so.
Mr.. Lawrence commenced the ar gument for
the Hayes DIRECTORS.
Mr.. Lawrence closed at II 45, and Senator
Christiancy waived his right to be heard as an
objector
Mr.. Blair said they would offer to prove that
owing to violence and intimidation on the day
of the election there was no full and fair cleo
ton by the voters over q years of age. He
contended that there was nothing in the Con-
stitution of the United States that made the
Legislature of a state paramount to the consti-
tuition of state. 1t was true that the Legisla-
ture of a state was an agent of the United
States, but it could not exercise its power in vio-
lation of the authority that created the legisla-
ture. Registration was the means to the end
that the people of the United States should not
be defrauded. He charged the lack of it was
an open, palpable violation of the Constitution,
historical fact to which the Commission could
not shut its eyes. Should this tribunal, now
that it has the power to crush it, let fraud tri-
umph? He next passed to the use of the mill
tary in the state which, he said, was Just and
sufficient ground to throw out the vote of the
state This, he said, was done by proclama-
ton, and it was Known to all men that troops
were used to control the election. Was the
judgment of the President of the United States
acting, as he publicly declared, as the represen-
tative of party, to be taken as final? He con-
tended that the act was illegal and should be
looked into in that light by the Commission.
Mr.. Blair went back to the reconstruction acts,
charging that the Republican party had avOw-
eddy violated the Constitution and laws, and he
insisted that the present was but continuation
Of a long line of acts by that party encroaching
upon the rights and liberties Of the people. He
maintained that Congress had taken no notice
of the condition of the states in the South, and
that as to the Representatives of Congress, this
Commission must take notice of what had been
done in South Carolina in connection with the
election. In minor contested election cases
wherever there was violence or fraud votes at
the polls where such occurred were thrown out
and why should not the same rule apply in a
great national contest? The rebels were not
allowed to vote, and should these votes cast un-
der military dureSs be counted? He commended
that ever since the war Congress had exercised
the right to look into the condition of the states
and in the exercise of this power the states had
been excluded, and Louisiana had not been
permitted to vote since the war until the other
day. Under the most rigid construction the
Commission could not ignore the proclamation
of the President that instruction existed in
the state of South Carolina when the condition
of affairs existed that required deputy mar
shall to every ten negroes to take them up be-
tween the soldiers and swear them to vote the
whole ticket, and then march them down to
the polls and see that they voted in the pres.
ence of the troops. When all this was necessa-
ry to carry the state by less than HOO majority,
was it not condition of things that Congress
should inquire into?
Mr.. Blair occupied forty-five minutes, leaving
an hour and quarter for Judge Black Mr..
Lawrence and the counsel on the other side, in
view of the brevity of time, had concluded to
submit the case without argument.
Mr.. Bayard said the offers of proof had not
been printed and moved they be printed for the
convenience of the Commission. He under
stood they could be printed in an hour, and the
order was made.
Mr.. Black said he had no time to consider
the case. The court knew as much about it as
he did. 1t was his idea that a counsel should
speak only to assist the court in coming to a
conclusion, and when he could not do that he
should take his seat. With much feeling, he
said he felt he had lost much of the dignity of
an American citizen, and that this great nation
not be extricated. If prolonged hope could
go out to avert this great calamity, he would
gladly lead it. He did not know how he
would feel If called upon to lay down his life,
but if he could with his life redeem the nation
from the infamy with which it was covered, he
ought to give his life as freely as he would go
to his bed. Objections had been presented here
which to him appeared insuperable, but it
might be that in common with millions of
others, he had been wrought up to a state of
feeling that made his vision less clear and
things appear to him different than they did
to calmer persons. He went into an examina-
ton Of the details in the South Carolina case,
branching off at intervals into similar strains
of complaint against the action of the Com
mission.
OuUR0 OldCh 6dlu u0 uGVer GApeCl6u u see
another election. He cared not to ask how the
people had expressed their will at the polls.
He only wanted to know what kind of rascals
they had got for returning boards.
At IL o'clock the Commission went into
secret fession, but at once took recess till 145
p m.
Decision of the Commission.
The commission remained in secret session
from l. 40 to 6 p. m. After the discussion had
continued three and half hours Mr.. Edmunds
submitted motion that the voting should
commence at 6. This motion was agreed to,
yeas 8, nays Z. After p. m. on motion Of
Mr., Frelinghuysen the following was adopted,
s to q:
Resolved, That Theodore r. Baker, S. Nc
Gowan, John w. Harrington, John Isaac In
graham. VIM. Wallace, John B. Erwin and
Robert Aldrich, the persons named as electors
in certificate No. 2. were not the lawful electors
for the state of South Carolina, and that their
votes are not the votes provided for by the
Constitution of the United States and should
not be counted.
This was adopted unanimously.
Mr. Morton offered the following:
Resolved, SThat c. G. Bowen, j. Winsmitb,
Thomas B. Johnston, Timothy Hurley, w, B.
Nash, Wilson Cook and w. F. Myers, the per-
sons named as electors in certificate No. l
were the lawful electors for the state of South
Carolina, and that their votes are the votes
provided for the Constitution of the United
States and should be counted for President and
Vice President of the United States
Adopted, yeas s, nays7.
A report was drawn up to be presented to
the two houses giving the grounds ON which
the commission had reached its decision.
Mr.. Morton offered the following;
Resolved, That the thanks of this commits
sion are due to Commissioner Clifford for the
ability, impartiality and urbanty with which
he has presided over its deliberations.
Adopted unanimously.
Resolution offered by Judge Strong was
adopted, authorizing the members of the COM
mission to file the remarks made by them dur
ing the consultation of the commission, and
have the same published with the proceedings
OF the commission.
resolution removing the injunction of
secrecy was adopted
On motion OF Mr.. &c rfield at 45 D. M, the
commission adjourned till IL a. NJ Friday,
presiding officer
Secretary of the Commission will Tomorrow
morning deliver to the President pro tenn of
the Senate the formal decision above Described i
together with all the certificates and accom-.
panying papers in the case referred to the
The Secretary will also deliver
TO the Speaker of the House a formal notifica-
ton signed by the President of the Commission
that their decision had been communicated to
the President pro tenn.
Upon the reassembling of the two Houses in
Joint session the decision will be read and en-
tered upon the respective journals. Thereupon
In accordance with the electoral act, the vote
ill., IL.