River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-03-08
The Presidential Tribunal.

gumeut being omitted on that side in order
to save time.
After the argument, at 6 p. m, Mr.. Morton
offered the iollowi1g:
That il is nor COMPETENT tor the two houses
assembled Tor The purpose of counting the votes
tor President and Vice President TO enquire by
evidence whether State regularly represent
ed in the two houses OF Congress, and recos-
nized as a State OF the United States by the
| othe- departments OF the government has re-
publican iOIm ofgovernment.
Resolved, That while the existence OF pub
| lie disturbance and anarchy in any State to
such an extent as to make It impossible Tor
the State TO exercise ifsrights toappoint elect
| ors of President and Vice President, and to ex-
press its will in that behalf, is sufficient cause
Tor rejecting any electoral votes purporting to
/ lie the votes OF electors appointed thereby,
| vet that when State regularly represented
/ as State in he Congress of the United States,
and is recognized as a State by the other de-
partments of the government, and has gov
eminent republican in form, and does appoint
/ electors in the manner prescribed by tue Leg
/ islature thereof, evidence cannot be received
/ by the Two houses of COngrs IS assembled to
count the votes Tor President and Vice Presi-
| dent as aforesaid, to show that the disturb
/ ances existed at the time OF the election which
may have intertered to a greater or less extent
4 with the freedom OF election at the polls In
/ said State.
Resolved That it iscompetent Tor the two
houses OF Congress, when assembled to connt
/ the votes for President and Vice President,
| by taking evidence to inquire Into the regu-
| larity OF The action OF the President OF tue
/ United States in sending military force into
any State for the preservation OF order and the
| suppression ofir surrection and domestic vio-
lence, in order by such proof TO lay ground
for reie citing The electoral vote OF said State.
Resolved, That in view OF the propositions
contained in the three foregoing resolutions,
the evidence offered to show that the state oil
South Carolina, at the election, did not have
a republican form OF government, and the
evidence offered on the subjects OF disorder
and violence, and the prt sence OF troops IN
| said State during said election, is not com-
| petent; but that notwithstanding the offer oil
such evidence, the electoral votes OF the State
OF South Carolina ought to be received and
counted, il not Objectionable ON other
Resolved, That the other objections to Ger.
tificate No. 1 show no valid cause for the re-
lection OF the same.
Mr. Field offered the following substitute:
Resolved, That evidence is admissible tc
show that prior to and during the election, as
on the 9TH day OF November. 1876, in the
State OF South Carolina, there were unlaw-
lully stationed in various parts OF the State, a
| or near polling places, detachments OF troops
of the army of the United States, 10y whose
presence and interference the qualified voters
of the State were deprived OF the right OF sur
rage, and tree choice by the people OF Pres
Dental electors was prevented.
Resolved, That evidence Is admissible u
show that at the election of the 9TH OF Novem
Der, 1876, in South Carolina, there were sta
toned at the several polling places in th'
STAT, Deputy Marshals OF the United State!
exceeding one thousand in number, by whose
| unlawful action and interference under order!
from the Department OF Justice, qualified
voters OF the State were deprived OF the RICH
of suffrage and tree choice 10y the people o
| d, n alaz
This substitute was rejected
Yeas-Abbott, Bayard, Clifford, Field, Hun
ton, Payne, Kernan--7
Nays-Bradley, Garfield, Morton, Edmunds
Hoar, Strong. Fresinghuysen, Miller-8.
The question recurring on the adoption
Mr.. Morton's resolutions they were adopted
yeas 8, nays THE above vote being reversed
Mr.. Freiinghuysem offered the iollowing:
Resolved, That Theodore p Barker, 5. Nc
| Gavan, John w. Harrington, John Isaac In
graham, VIM. Wallace, John ID. Erwin, anC
Robert AldricE, the persons named as cleo
tors in article No. were not lawful eiector
for the State OF South Carolina, and that thei
votes are not the votes provided Tor by TN
constitution OF the United States, and should
| not be counted.
| Adopted unanimously.
Mr. Morton offered the following:
Resolved, That C. e. Brown, J. Winsmoth
Thos. B Johnston, Timothy Hurley, w. Is
Nash, Wilson Cook, and W. +. Myers, thu
, | persons named as electors in certificate NO. ]
were the lawful electors for the State OF Soutl
Carolina, and that their votes are the vote
provided iorby the constitution OF the OniteC
States, and should be counted tor Preslden
and Vice President OF the United States.
AdOpted-yeas 8. nays 1.-THE same as thu
vote on MortOn's previous resolutions.
A report was drawn up to be presented t
! the two houses, giving the grounds on which
| the Commission reached its decision.
| lcC9n a
March 2nd. As this is the last State having
double returns the work OF the Commission
: is practically ended.
The 1st of March was stormy ont
: in Congress The count had closed on thu
previous day with objections to Vermont OF
the ground of postmaster elector IN ina
State When the House reassembled on thu
lst inst. several hours were exhausted il
reading the journal and roll calls on dilatorl
motions. There were, it appears, two returns
from Vermont but the President OF the Sen
ate refused to receive the second return
which was rendered to him on the floor OF thu
House on the 2Sth inst, by MIR. Hewitt, @
New York. On the list, Mr.. Poppleton OF
fered a resolution reciting that sealed pack
, age was addressed to the President OF thu
Senate by Hewitt; that it appears by tele
gram from the Clerk OF the United States
; District Court of Vermont that a duplicate o
: such return was deposited in that Office thu
thirteenth OF December, 1876; that such pack
age had been made part OF the objection L
the certificate of Vermont, and still remained
unopened, AMI that the objection cannot ID
considered until such package is opened &C
cOrding to law that such package is retained
, by the President or Secretary oil the Senate
. and therefore resolving that the refusal OF thu
President OF the Senate to open such package
+ in the presence of both houses was a viola
, ton OF law and OF the privileges OF the House
, and until such package shall be opened tn
] I'm th
, according to the con titutiOn aid law, anC
that the Senate be requested to meet thu
. House in Joint session that said package
, may be opened and proceedings had thereon
. according to law.
The most exciting debate OF the winter en-
sued tor two hours on this resolution.
The debate being closed, and the question
being on the resolution offered by Mr.. Pop
pletoD, DIR. Knott offered the following
, amendment:
. Resolved, That this house requires that th'
package rendered 10y the member from New
York lHewittl to the President OF the Senate
in tie presence OF the two houaes yesterday
and purporting to be a certificate Of the cleo
toral votes Tor the President aud Vice Presl
dent from the State OF Vermont, shall b
opened by the President OF the Senate in thu
presence OF the two houses, and il found to b.
such a certificate the same shall be submitted
together with the certificate read in the pres
ence OF the two houses, to the electoral Com
mission, for its Judgment and decision, aut
that the Senate be requested 10 make lik'
order, requiring the President of the Senate
to open such package in the presence of tbs
two houses, and that until such order be made
the house will not he ready TO meet the Sen
ate and proceed with the count OF electora
votes
As the vote progressed on the res Zion,
and as there was an apparent prospec. OF ii
having a majority its favor, the most intense
excitement prevailed throughout the hall
The conservative members cOnversed Will
each other in groups, and expressed gener
ally the conviction that the adoI ton OF the
resolution would precipitate anarchy and re.
veiution. At the close OF the roll call ru-
NOR prevailed that the resolution was carried
but gradually "a member after member, who
had been out when their names were called
I \ .t..Nl st,...- s,,