Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-02-14
From Washington.

|
preparations below reasonable point and the
Republicans endeavoring to raise them sufficiently
to save the government from embarrassment
But the great interest has consisted in watching
the progress Of the
| ELECTORAL COMMISSION
"WEDNESDAY, February 18th.
After having spent five days in listening to
counsel and in debate among its own members in
relation to the electoral vote Of Florida the Com
mission came to decision at four o'clock this
afternoon on the preliminary question whether
they should go behind the papers presented to the
two houses by the President of the Senate, and
take evidence to the action OF the returning
officers of the state The democrats insisted that
1t was the right and duty Of the Commission to re-
view the action Of the returning officers and to
set aside the same upon evidence that should sat
| isfy them that the count was fraudulent The
| Republicans, on the other hand contended that
neither Congress nor any Commission created by
1t had the power to consider anything besides the
papers presented to the two houses by the Presi-
dent Of the Senate and that the action Of the re-
| turning officers OF the state, duly and regularly
| certified, was conclusive The case was argued
| for the democrats by their counsel, Hon r. f.
| Merrick Of Washington, Hon jeremiah Black Of
| Pennsylvania, and Charles OConor of New York;
and for the Republicans, by +. W. Stoughton of
| New York, Judge Stanley Matthews of Ohio and
William NJ. Evarts of New York After the coun-
sci had completed their arguments, the Commits
sion went into private session: and thereupon
the whole question was debated by the Senatorial
and Representative members The debate is said
to have been very exciting az well as very able
ON both sides. The Tribune correspondent saws:
" The five judges, in stating their views, made
an ardent effort 10 preserve a judicial manner,
and kept pretty closely to the traditional style of
the bench in delivering opinions. Judges Clifford
Bradley, and Field read their speeches from manu-
scripts. Judges Strong and Miller spoke from notes
Judge Field is said to have taken almost as strongly
partisan democratic ground as any OF the Con-
gressional members of the Commission. Judge
Clifford, it is reported, went outside of the pend
ing preliminary question to declare that he had
no doubt that the Tilden electors had been fairly
elected in Florida Some of the speeches are said
to have been exceedingly powerful and brilliant.
Among them that of Justice Miller is highly
praised. 1t was based on the statement that no
instance can be found in the history of.the gov
eminent where the judicial power reversed the
acts of the political power Justice Strong made
effective use in his argument of the clause in the
Florida election law which empowers the board
of canvassers to determine and declare the result
of the election. This he held to be conclusive
Judge Bradey's opinion was clear and forcible
against the power of Congress to go behind the
returns to investigate the election or the acts of
the canvassing authority"
The hour for taking the question having arrived
Senator Edmunds, of Vermont, presented the fol-
lowing order, which was modified by Judge Miller
to meet the views of Judge Bradley: i" Orlered
That no evidence will he received by the Com
mission which was not submitted to the joint con-
vention of the two houses by the President of the
Senate, with the different certificates except such
as relates to the ineligibty of +. c. Humphries,
one of the electors"
The names of the commissioners being alpha
betically called, the result was as follows: Yeas
Justices Bradley, Miller, Strong, Senators Ed
| munds, Freinghuysen, and Morton, Reprerenta-
| ttves Garfield and Hoar-eght: nays Justices
| Clifford and Field, Senators Bayard and Thur
man, Representatives Abbott, Hunton and Paine
seven This was a victory for the Republicans,
| gained by the vote OF the fifth Justice, Bradley
The division, it will be seen, followed the polit-
| cal line exactly.
On motion of Mr.. Abbott it was g Resoired
That in the case of Florida this Commission will
receive the evidence relating to the eligibility of
Frederick c. HUMPHREYS, one of the persons named
in certificate No. as eector," by the following
vote: Yeas, Abbott, Bayard, Bradley, Clifford,
Field, Hunton, Payne and Thurman-eight; nays,
| Edmunds, Frenghuysen, Garfield Hoar, Miller,
Morton and StroDg-seven. Again the question
was decided by Justice Bradley who left his po-
litica friends and voted with the democrats.
THURSDAY, February Sth.
The Commission met to consider the question
of the eligibility of the Florida eector, Humph-
ries. The democrats called two witnesses, one of
whom, the present Attorney General of Florida,
was found to have nothing to say that was ad-
Missile. The democrats questioned him in re-
gard to the quo ,cdrrdnto proceedings in Florida,
but the questions were ruled out, Senator Thur
man alone dissenting The next witness was n
Mr.. Young, who knew that Mr. HUMPHREYS was a
shipping commissioner last August A copy Of
his commission was introduced, and certificate
from the clerk of the Circuit Court that resig-
nation file in his office. Here the demo-
cratic case closed In response, Mr. HUMPHREYS,
the elector in question, was introduced. He tes
titled that he resigned October I'd, that he received
notice of the acceptance of his resignation Octo-
Der 9TH, and turned over the office to the Col
lector OF Customs. He produced his letter of res
ignation to Judge Wood, with the reply, in cor
roboraton of his testimony, and the fact that he
threw up his office before the election seemed to
be as clear as it possibly could be- The demo-
cratic counsel, Messrs Hoadley of Cincinnati,
Merrick of Washington and Ashbel Green of New
Jersey, set up the theory that civil officer can
not get out of office of his own motion, but must
hold it whether he will no until the power that
i
ton. This power the democratic lawyers held,
was in Humphries' case in the United States
Circuit Court, and they insisted that the Judge
could only accept the resignation while holding |
the court. As court had been held in Pensa-
cola since October it would follow that Humph- |
ries is still shipping commissioner. Judge shella-
barger of Ohio and Mr.. Eyarts spoke for the Re-
publicans. The argument being concluded, the
Commission adjourned till Friday at ten o'clock |
A NJ, Judge Bradley voting with the democrats
| to secure that result
FRIDAY, February 9th
| The Commission in secret session from ten
A. NJ. to half-past eight o'clock, p. NJ, contnu-
ously, with the exception of two short recesses
and almost the entire time was occupied with |
debate in which every one of the fifteen members
participated. Two or three of the justices and |
several of the senatorial members read deliberately
prepared opinions upon the main points at issue |
| and the discussion is understood to have been, |
from its commencement to its close, of extra |
ordinary power and ability.
About six o'clock the debate being ended Sem
ator Edmunds submitted resolution declaring in |
substance that the four Republican electoral votes
OF Florida should be counted, and embodying also
various reasons for such declaration
Representative Hunton offered the following as
n substitute; "Resoiued, That the electors named
in certificate No. ., to wit, Wilkinson Call, j. 4.
Yonge Robert Bullock and Robert b Hilton, are
the four persons who were duly appointed electors
by the State of Florida ON the 18th day of Novem-
Der, and that their votes, certified by such GER
ticate, are the votes provided for by the Consti-
tuition of the United States"
This was rejected by the following vote Yeas,
Messrs Abbott, Bayard, Clifford, Field, IIunton,
Payne and Thurmau-seye nays, Messrs Brad
ley Edmunds, Frelinghuysen, Garfield Hoar,
Miller, Morton and Strong-eight
Mr. Edmunds then withdrew his resolution and
Mr. Garfield offered the following, which was
adopted; Resolved, That these four persons, to
wit, Frederick c. Humphreys Chas W Pearce,
William II Hidden and Thomas " Iong yvere