Indiana State Sentinel, Volume 26, Number 27, Indianapolis, Marion County, 21 February 1877 — Page 9

STJPPLBMBITT

XLIV. CONGRESS.

Second Regular Session. SE5 ATE. Tner Was "o Bnilnm of Importance Transacted in Tbl Branch or ongrM To-da.y. Washington, Feb. 12. The sesolori as rwumwl at 10 o'clock with but few senators present. In response to a question of Mr. Davis, President Kerry said H would not be in order to take rf-cesa except on a question raised In Joint convention. No business was transacted up to noon, the senate awaiting a notification from the house that that body was rearfy to resume the Joint session and to continue the count. At 2i the clerk of the house apper.red at the bar of the senate anu announced the decision of the house that the countin of the vote of Florida hall not proceed in conformity with the decision of the electoral commission, and also notified the senate that the house was now ready to meet the senate in joint meetIn p. Tne senate then proceeded to the ball of the house. The senate returned to its chamber at 4 aS , when legislative business was resumed. Mr. Mitchell, from the committee on privileges and elections, submitted a resolution providing for the 1-sue of an attachment for Conrad u. Jourdan, Cashier of the Third National bank of New York. He having failed to appear before the committee and produce the accounts of Samuel J. Tilden, William T. I'elton and A.S. Hewitt with that bank. Mr. Saulsbury objected to the consideration of the resolution to-da, and It was laid over until to-moriöw. He said he objected to the resolution bocause it was not reported by the unanimous consent of the committee on privileges and elections, besides there were matter connC'ed with it which should be Inquired Into before any such a resolution was passed. ISy unai.lmous consent It w-s understood that no business -hould be transacted by the senate between 10 and 12 o'clock, and during the time the electoral commission should have the liOuUians caw under advisement. The senate theu went into x-cutl ve S4-s-slon, and when theCoor were reopened took recess uutll 10 o'clock to-morrow. Dlacaalom over the Decision of the CommlMNfon In the Florid 'ae They Wat Ktand the Racket and Vote AjrJtIL. The sewdon was reseumed at 10 o'clock a. in. Mr. MoCrary rise to open tho di.-ruston upon the objection to the decision of the U cr , k. f volol Ilia WnU OIII1IIU UTIU!I WIIPI1 .HI. VIJIUCI point that there was no quorum present. It was theu agreed that the debate should not bo vin nn til half past 1 o'clocK. At thai hour Mr. Field ottered the following: Orderte! that the counting of tne electorx.1 vote from Florida shall not proceed In con formity with the doclsiou of the electoral com miMiou, but that the votes of Call, Yonge, Hilton and Bullock be counted as the volet from the state of FloridA tor president and vice president of the United State. Mr. Hale offered the following: Ordered that the counting of the electoral votes iront the state of Florida shall proceed In conformi ty with the decision of the electoral commission. Mr. JCneU offered as a substitute an order reciting the language of the electoral act, that the commission migni inquire into sucn petitions, denotations and other papers as shall by the const.tution and now existing law be com petent, reciting also the fact that in the Florida case the commission had decided and determined that no evidence would be received or considered which bai not boon submitted to the two houses lu joint conven tion by the president or tne sen .te. That cer - tiflcale No. 1. that ot the Hayes electors, con taint! no eviueuce whatever, while OTtlflcatesNos.2 and 3, of the Til len electors, did contain evidence fully and spei Ideally showing that the latter had been duly eU cU d and appointed as electors, and therefore ordering that the decision of the commission and ground thereof be remanded and recom mltted to the comtulsslon with a request that " the same be soeonected or explained, and that the commission be further requested to furnish In detail the true reasons of Its decisson. so that the house may be enlightened to the cour-te ! ouht to pursue in the dis charge wf its duties, und that la the meantime the vutes of the Hayes electors snail be not counted. Mr. Hale made a point of order that under the electoral commission law, it waa the Imperative duty of the house at the end of two hours debate to vi e on the main questioa. which was whether the votes should be count ed in conformity with the decision, and that nothing In the shape of delay, in whatever form presented, couid now arrest the wheels of Its decision. Mr. Wilson, of Iowa, Added to Mr. Hale's point of order that tnls bouse could refer nothing to the commission, and It would require at least concurrent action. Mr. Wood, of New York, declared that any ' Intimation of a desire on the part of the democratic side of the house to interpose any factlus opposition to any dcinon ot the electoral commission was entirely gratuitous and unsupported by anything that had taken place. Mr. Hale Has anything been said this morning to Indicate ny charge of that kind 7 Mr. Wisi rue gentleman has I ist spoken of the de ay and has iutlmaU-d mat there is intentional disposition on the part of the Jkouse to delay action, lean assure the gen Ueraan that ttiere is no such intention. While weaie ready In good faith to carry out in all respects the electoral commission law and the result that may be reached In the pursuance oi it, still at ton same tune we uemaml the right ot a tree expression of opinion. Mr. Kuou contested the point of order and thought i here was nothing in the law whloh prevented the house, wiLli the coneui rence of tne senaUrrom reman, lng back to the e lee to ral commission for their further consideration the decision which it had made In the Florida cse, in order that it might have an opportunity to explain the g aring Inconsistencies whlcn existed In that decision. Mr. Banks said that under the provisions of tne eieotortu aet tue nouse was compelled to give an amrmative or negative vote upon the decision of the commission. It would not be respectful to the commission to remand the decision to it. Tne speaker overruled the point of order made by Mx. Hale, but sustained that made by Mr. Wilson, holding that there was nothing in the elector! coram salon law that authorized .the recommittal of J question back to the commission, and also ruling that it was not competent for one house to lefer a bill or any other .matter to an outside commission, and the substitute offered by Mr. Knott was tnerefore not Jn the house. The house thereupon proceeded to the discussion of the objection to the decision ef the electoral ooaamhMon. MR. M'CkAKT IK FA YOB OF TUB DECHIOX. Mr. MoCrary addressed the house In support of the report of the commission. He held that the ruling of the commission was abuudantly sap ported by the most cogent reasons, and tht to have ruled otherwise would have been to assert the Jurisdiction to Inquire into and overturn the action of all the states In ths appointment of their electors and to Institute proceedings In the nature of the action of a oiM warranto and to try the title of ever one of the persons appointed as such. The bill of lX),dra.ted, reported and advocated by John Marshall, afterwwrdsehler Justice of the United Htates, embod ed the views of that great constitutional lawyer upon tbls question. After providlug for this grand committee. It defined their JurUdictioa in these words: "And toe persons .thus chosen shall form a Joint committee, and shall have the power to examine Into ail disputes relative to the election of preMldent and loe pr.sident of the United Htates, other than such as might relate to the number of votes by which the eleetors may have been disappointed.' If a Judgment in 'an Inferior ferior court In Florida, rendered on the rrta of January, In the action of a quo varremto. could annul the vote or that s.aie, cast on the Mh of December it followed that simllarjndgmenui In any or all the other tM mbrht be certified to the president of the senate, sod most govern the count. He wanted to kaow if by nn pod fado Judgment la one KtA on party should secure an ad vant, , wby, by., . a similar bot ment la another - stats a Corres poudlpg adyantaja might;' o6t bo nought for by

another party; and claimed as the result of such a policy then. Instead of counting under the constitution and law at the time prescribed, it would become neces-ary to count

various s'ates and enter Into an In quiry as to the regularity and con clusiveness or incse juuicnu piwcruInes. There must be authority somewnere anu . ila urhA urorA nm'WkiiitfHi electors, and the only snfe or sound or constltutionai lute mat coma oe iuuiiumi" adopted bv the commission, to-wit: Tho decision made bv the proper state authority prior to the time fixed by the constitution ani tne law ror electing presiuem mhu k I 1 . . . T 1 . 1 L3 .Mm mm- AB tl II ! (1 T 1 1 presiuentoi tne umim niiwuu" notsubjf ctto be set aside by coi gress. The power of congress was to count, not to re-elect a duly certified vote ot the states. MR. TUCKER AGAISST THR PRCTSICtf. Mr. Tucker followed on the opposite side. He said the members of the commission had taken an oath to render Judgment according to the constitution and law. The commission, in pussing on the eligibility of Humphrey, hal declined to pass on the question of the validity of the voteol an Incompetent lector. Did the commissioners mean to decidethat I he Ineligibility of an elector was to have no effect on the validity or nis votez 11 me state appointed an Ineligible elector, was he, notwithstanding, to ue ueciareu py uie commission and by the two houses to be a competent elector ai. '. hisvote tobevalidf if so, then the act of the canvaat-lng board of the state was valid and tie constitution qtuxl hoc was void. In regard to the main question, the decision of the commission wss to the effect that the only voice permitted to speak for a state In the matter of the presidential e'ectlon was the voice of a canvassing board and of an xecutive, and that the voice of the Judiciary and legis atlve must be bushed Into silence. He rou tended that all organism of a state must speak its voice. The debate was continued by Messrs. Banks and Frje In favor of the report of the commission, and by Messrs. Khrinsn and llurd In opposlti- B WHERE THE FAULT LIES. Mr. Carr I have no hesitancy In saying that my convictions are, that under the palpable faets behind the governor's ce. tiflcate the vo'e of Floilda hhould ave been r turned for Tilden and Hendricks; but, sir, at the same time I h Id that the democratic majority of this house lis no mr:il right to con plain thut tills commission has n-n-den d a partituin decision in reporting the four el ctoral votes of Florida for Haves ami Wheeler. While I assert that this d cl ion Is contrary to the facts and ontrary to the will of a large msjority of tne people or tne Unit! Hintes, yet I as boldlv a-aert that the wrong Iw chargeable to the causes farther back than the commission. Vlie wrong rests upou the hou tilers of tbwe who establish this partisan tribunal. When the democratic mxlority of th's house adopted this law with a lull knowledge that the miijority of the com mission would ne repubiieun, governed ny refiubllcan instincts, controlled Dy rpuoncun nte rests, warped by republican biases and niovtd by republican motives, tbey deliber ately abandoned every claim which tbe democratic manses asserUnl to the control of our national affairs. The commissioners have done no more nor less than what could or should have been expected or rp,ulred of them, tou erecleo tne polltirni trtounal. inVested It with political attributes and gave them pout lea I questions to determine, which they have settled from a political standpoint; being republican", tney believed that the republican candidate for the presi dencv was and ouxht to be elected. In making tbelrdeclaration, they hav be- ntrue and faithful to their political sentiments, education and association. No legal wrong can atttich to them for tuts, but when you as dmacruts deliberately put euch power over such questions in tbe bands of a tribunal so consti ucted, you committed a bold and dating wrong to yir pretenden political convic Hons, and assuredly to your political as sociates, whose political sentiments and rights you betrayed and abandouel to your political adversurie. I urLe to remind the nemocratic majority that in common decency Your votes on this iuea-ure have estopped you from Indulging lu even one Word of criticism against the decision of that tribunal. Hirsitisyour own offspring; you brought it Into being, you gave it life and power, and you alone are rest onslblo for the result. It Is no excuse for you to asert that you did not anticipate such a result, thst you expected higher and better things from your foundling. Vou hid no more right to expect a tribunal so roust It utod to produce a different result han to exect a thornbush to bring f -rth figs. Nor will so weak an apology save you from the Just condemnation which your betrayed and outrage I constituency will forever heap upon your treacherous heads. Laughter and applause. No, Rlr; the wrong is a great and burning outrage lies at your hands and your hands alone. Nor will the democratic people be s'ow In ascertaining the true source of their discomfiture and defeat. It may subserve your purpose for a brief time to attempt to shield yourselves under the cover of hollow denunciations of your tribunal, as the cry of "stop thier ' for a moment may delude tne officers of the law, but when the mad populace shall have vented their unmerited anger upon this tribunal for a brief hour, and will seek the true object of its Just Indignation, and the blame will at iohi be where it properly belongs. The few only who had the moral courage to stand here upon this floor, and amid the derision and contumely of the demo cratic majority dare! to warn you of the lnevItable result of that day's work .have tbe mors rlicht to complain of the end of tills day's labor; but. sirs, while they haveaeep r. grels a to the action or the commission they have deep and bitter denunciations and condemnation to heap upon the heads of those who, cUlmlnc to txt tue leaders or ine great oemo cratic party In this try teg hour of Its existence, have proven themselves either Incompetent from Ignorance and nn worthy for base reasons. I Renewed laughter and applause on the repub icau side. Here, then, In the name of the democracy of the whole country, I absolve that coruml.sslon from all charges, save It may be that of an iittiit mifttake. In the name of the great power I de.nounce the mJority of this house as being responsible for the wrong and recreant. Ignorantly or corruptly recreant, to the confluence which has ben imposed In them, and faithless to the trusts confided In them. Applause. Mr. Walker, tit Virginia, said he was one of the democrats who had supported the electoral bill in good faith, and he would say to the gent'eman from Indiana (Mr. Tarr) that It would take more than him and the few democrats who voted wah hira against that measure to read the majority of the house out of the democratic party. Mr. Field said the decision of this tribunal as It has been made Is entitled to no respect. It la a unfounded In morals as It la unsound In law, and Injurious and pernicious In Its consequences. The spectacle of the successful villainy Is corrupting In proportion to the extent of the theater on which It Is enacted and to the p tse which It wins. The prealdeucy of the United Htates has never yet been won by fraud. If It Is won now the example wil be more Injurious to our good name and more corrupt to our good people than all the peculations, robberies and frauds of all our history'. Tbe debate olosed at 1 :1S, and the house proceeueu 10 vote, ana .nr. nate s amendment was rejected. 91 to 187, and Mr. Field's resolution was adopted. It was then ordered that the clerk Inform the senate of the action of the bouse, and also that the house Is now ready to meet the senate In the ball of the house. . After the separation or tne two houses,' Mr. Cox, from the committee on rules, reported a resolution so amending the rules of the house that during tbe pending count of the electoral vote and when the house is not engaged therein, it shall, on assembling every calender day after recess from the day preceding, prrcard at 12 o'clock with lis business as though the legislative day bad expired by adjournment. He explained that there were but 17 working dayi before the end of the session; that there were 11 of the regular appropriation bills oudtspoeed of; that there were 241 bills on the private calendar, and 50 on the public caleudar. That there were 80 special orders. That the bill to pay Interest on the public debt of the LllatrloL of i V.I ii m Kla. and the Mississippi levee bill were before the nouse, ana mat' in order to get thronen with this mass of business ths resointinn should be adopted. After being amended so as to prevent the resolution from Interfering In any way with the counting of the electoral votes it was adopted, and the.bouse took recess till 10 tomorrow. lai iimt Caveatin. ' 1 At 225 the aeüators arrived atA lnnt their plaoes In the house of representatives. . Tbe iM-Midlng offloer rose and Mild the Joint meeting of congress would rasurae lt session. The two houses aeptntWy hive considered

and determined on the objection submitted by

the member of the house to tne aecision oi tne commission on the certificates from the state of Florida. THE DECISION Of THE SENATE. The clerk of the senate will now read the de cision of the senate. The decision of the senate having been rend by Its clerk and that of the house by its e'erk, the presiding offlcersa.d : "The two houses not concurring in the ordering, otherwise the decision of the commission will stand unreversd, and the counting will now prweed, In confo nilty with the decision of the commission. 1 he tellers will announce the vote of Florida." Henator Allison, one ofthe tellers, thereupon announced lht the state of Florid-t had given four votes or It. H. Hayes, or Ohio, ns president, and four votes for William A. Wheeler, of New Yoi k, as vice president. The vice president then otlered tne ceruncate from the state of Ueorgiaand handed it to the tellers. It was read by liepresentative Cook, of Georgia. The presidios officer asked if mere was any obj-ction to the vote of Ueoruia. None being made, he announced mat tnevote would be counted, and directed tne tellers to declate It. Mr. Cook then declared that the state of CSeorgia had glvn 11 votes for Samuel J. Tilden, of New York, as president, and 11 votes for Thomas A. Hei drlcKs, of Indiana, as vice president. The next followed In succession, the state of Illinois, with "l votes for Hayes and Wheeler; Indiana, with 15 votes for Tilden and Hendricks; Iowa, with 11 votes for Hayes and Wheeler; Kansas, with 5 votes for Hayes and Wheelei.and Kentucky, with 12 votes for Tilden aud Hendricks. TTIE VOTE OF LOUISIANA. Then came the certificate from the state "of Tjoulslanahhowir.g eight votes for Hayes and Wheeler. The presiding officer stated that a certificate hau been received by mail, and that no corresponding one had been received by messenger. The messenger appointed for thai purpose wns Thos. C. 'Anderson, one of the returning board. This was authenticated by Kellocg as governor, he being himself one of the electors. is The certificate having been read the presiding officer handed to the tellers another certificate from the same state with the corresponding one received by mail, showing eight votes for Tilden and Hendriks. This was authenticated by MeKnery as governor of the slat-; still a third certificate was opened and read crresoudiig with the one having been received by mail, with votes for Hayes aud Wheeler, authenticated by IieNlond'e as secretary of state. THE LATEST Rl.TCRN. The presiding officer opened and presented anotlrer certificate received by mail, no corresponding one having been received by messen! r. Mr. Htone, of Missouri, one of the tellers, rrrceeded to read It, but It was obvious from the first sentence that It wasa mere burlesque. It commenced bv certifying that John Smith had been chosen elector from the First district. John Smith No. 1 from the Second dis trict. John smith No. 2 from the Third dl trict. John Smith No. 8 from the Fourth dis trict, John Smith No. 4 from the Fifth district, John smith No. &rrom sixth and jonn smith a and John smith K electors at larne. When the calling had proceeded thus far, Menator Sargent rose and said It was obvious timt the certificate was not txmattitr. The presiding officer sa d it was his duty to submit all papers receive" oy nun. lie osKen whether the paper should be suppressed. (Voices, ".No, no, read It." The reading was proceeded with to the arreat amusement of the audience. It followed the usual formalities, allowing that John Smith had been chosen as chairman, and John Smith It as sergeant at-arms, and that John Smith No. 1 and John Smith A. were appointed tellers. That the eight votes ofthestte had been cast for Peter Cooper of r- ew York and ram Carey. At this stage of the rending Senator McDon aid suggested that the two houses should not be compelled tollsten to the reading. The presiding officer dmcted the address on the envelope to be resd. It read, "To the vice president ofthe Cnlted States. Washing ton. I. .. the vote of the electoral college of Irftulsiana for president and vice president. 157." He then directed the teller to proceed with the reading. After a few more sentences had been lead.Mr Ho;ir Inquired whether the chnlr held that It was not in order to dispense with further reading or the papers. The presiding officer said he asked the unan nions consent, but that objection had been in.K'e. Mr. Honr required that any prson object ing should rise in nis place and do so. Mr. Mills (rising)-As this Is a burlesque act, I object. The reading was then proceeded with to its close, It purporting to be signed by John Smith, company No. 2, bulldozers, governor or ixmisiana, and winding up witn tne motto, "ucn is ma in Louisiana. ' Subseonently the presiding officer directed the paper to be omitted from the proceedings or the joim commission. OBJECTIONS TO THE HAYES ELECTORS. Senator VcDonald submitted an objection to the uayes end wiieeier certiucaies, I he objection was based on t-e ground that the Hayes electors had ml been duly elected, that their election had been certified bv Wm. P. Kelloitg, who cl .lined to be, but was not in fact governor of the state of Louisiana, and b'cau-ethe turning board was wlihout Jurisdiction for r-ason that the liwsof Louisiana conferred no power on the returning board to canvass and com pile the votes since they were con si it u ted by only four of the five persons required by law. Since these four were of the same political party, and since there wasa vacancy in the said board which the four members had refused to fill, because the four member or the returning board had full knowledge that a true compilation of the votes would have shown that the Tilden electors had been duly elected, because the said board had f.nYred for money to sell the vote of lymlsiana. and because ). It. Levisse and H. Urewster had held offices of trust under the United States at the time of their appointment as electors, TT SIGNERS OF THE OBJECTION. The objection Is signed by McDonald, Saulsbury, Bogy, senators, and Jencks, Gibson, Tucker, Ellis and Monison, representatives. ANOTHER OBJECTION. Mr. Gibson also sent up objections to the Hayes and Wheeler certificates, because I. The government of Louisiana was not republican In form; 'I. No canvass was made on which the certificates of their election were issued. 3. An alleged canvass of the votes was an act of usurpation, fraudulent and void. 4. Some of the electors were ineligible by the laws of Louisiana, and were disqualified from being electors as holding state offices, Kellogg being acting dt facto governor, JefTrion supervisor of registration for tne parish of Point Coupee, Marks district attorney, and Borch,n member of the state senate, and a member of the board of control of the state penitentiary, an administrator of the deaf and dumb asylum and treasurer of the school board of East . Baton Rouge, and because JefTrion was specially disqualified by the 13th section of the act of the legislature passed on the 21th of July, 1S74, which nrovidf s that no supervisor of registration shall be eligible to any office at that election, and because JefTrion was at tbe. last election supervisor of registration for the paiish of Point Coupee. . OBJECTION TROX TBK RADS. Mr. ITowe submitted an objection to the Til den and Hendricks certificates on the ground that there was no evidence that those electors had been appointed In such manner as the letclslature directed, while there was evidence conclusive in the law that neither of them had been so appointed. Ha also objected on the ground that there was no evidence that McEnery was governor of Loul. li ana In the year 1876, while there wow conclusive evidence that Kellogg was during the year 1876, and for several years prior thereto governor ot that state, and was recognized as such by the Judicial and legislative departments of Louisiana, and by sllthe departments of the government of the United States. REFERRED TO THE COMMISSION. i The Presiding Officer Are there any further objections to tbe vote of the state of Louisiana? (After a pause. There being no further objection all of the oertlflcatea from that state with the papers accompanying the same, together with the objections will be now submltted to the electoral om mission for their junxment ana aeeiaion. Tbe senate will now withdraw to Its chamber. Tha icnaU thereupon withdrew.

POLITICS NOT LAW.

How the Louisiana Case Was Decided. Washington. Feb. 16 From 12 until 5 o'clock tti is afternoon there was a large crowd In front of the supreme court doors, and the number gradually increased to more than 500. The members of congress occasionally mixed with the throng, awaiting impatiently the opening of the court room, which did not take plnce until an hour later than an nounced. During all the afternoon rumors prevailed about the cipitol as to the decision f the commission and the state or tne vote. These reports were so contradictory as to be confusing.and thereforedid not gain credence. liiere wits much conseoueiit excitement. everybody mi p posed to have oppoitunltles for acquiring inhu mation as to the proceeding of the commission was surrounded, directly. Ite apjH?ared In view and was iuterogated by several persons at the same time. A more inquisitive crowd was never before perhaps seen at the cnpitol. At 5 o'clock the counsel was sent for. liuy nad netn waning ior the summons in a private room or the supreme court, and when advised that the commission was prepared to receive mem tney entered tne court room in a body. Sometime elapsed before the ioors were opened to the members of congress and those who hud tickets ef admission, and when they were opened a frantic rush was made for the interior, which was soon uncomfortably rujea. DOINOS OF TITE COMMISSION. The following are the resolutions acted upon by 'he commission In their secret session and afterwards reported to the counsel: Mr. lioar submitted the following: "or dered, that evidence be not received." TRYING TO GET A FAIR COUNT. Mr, Abbott offered the following as a substltttf : It. sol ved. That evidence be received to show that so much of the act of Ixmisiana establishing a returning board tor that state Is unconstitutional, and the acts of said returning board are void. This wns rr Jetted by the following vote: Yeas Abbott, Hiyard, Clifford, Field, Hunton, Payne and Thurman 7. Nays Krudley, F.dmunds, Frellnghuysen, Gai field, Hoar, Morton, Miller and Strong 8. Mr. Abbott offered another substitute, as follows: Resolved, That evidence will be received to show that the returning board of Louisiana at the time of canvassing and compiling the vote of that state at the list election In that state, was not legally constituted under the law establishing it, in this that it was composed of tour persons of one political party Instead of five persons of different parties. Rejected by tbe same vote. Mr. Abbott then ottered another snbstitute. IU-solved, That tbe commission will rtcelve testimony on the subject ot frauds alleged in the specification of the counsel lor the objectors to certificates. Rejected by the same vote. Mr. Abbott thn offered a fourth substitute. Resolved. That the testimony tending to show that the so-called returning board of Louisiana had no Jurisdiction to canvass the votes for the election for president and vice president, is admissible. Ib iected by the same vote. Mr. Abbott then offered the fifth, which was rejected by the same vote, which was as follows: K-.aolved, That the evidence Is admissible; that the stateu ents of the affidavits purortporting to luve been made and forwarded to said returning ooaru in pursuance oi tne pro visions of section 26 of the election law of 1872 alleging riot, tumult. Intimidation and violation at' or near certain polls and in certain parishes were laise and fabricated and forged by cer tain disreputable 'persons, under direction and knowledge of seid returning board. That said returning board, knowing said statements and Inda vlts to be false und forged, and that none of sucli statements and affidavits were mode in the manner or form, or within the time requi-d by law, did knowingly, williuuy and fraudulently tail and refuse to can vass or compile more than lO.UUO votes cast, as I can show by the commissioners or the election. Mr. Hnnton offered the sixth substitute as follows Resolved, That evidence be received to prove mat me votes cast anu given at said election on the 7lh of November last, as shown by the returns mane by the commissioners of the election for said ikiIIs and voting places in said state.have never been compiled nor canvassed. and that said returning board never even pretended to compile or canvass the returns by the said commissioners of election, but thatSHld returning board only pretended to canvass the returns made by the state super visors oi registration. lhe resolution was rejected by the same vote. A seventh substitute was offered by Mr. uayard as follows IlesolvedTliat nopersDn holding an office of trust or prent unoer tne united states Is eligible to be appointed an elector, and this commission will receive evidence tending to prove said ineligibility as offered by the connRejected by the same vote. Justice Field offered the eighth and last sub stitute as follows: Resolved, That la the Judgment of the com mission, evldi nee is admissible upon the sev eral matters wnicn ine-counsel ror objectors io ."von. l ano ;i ouens 10 prove. This was also r Jected by the s.ime vote, and the question on the original order submitted by Mr. Hoar cunie up, viz., that the evidence offered lie not received. Mr. Payne moved to strike out the word not." Rejected by the same vote. The vote on the general order was then taken, and it was adopted by the following votes : Yeas Bradley, Kdmunds, Frellnghnysen, Garfield, Hoar, Miller, Morton and Strong 8. Nays Abbott, Bayard, Clifford, Held, Hunton, Payne and Thurman 7. After the conclusion had been reached by the commission, the counsel were admitted and the above resolutions were read by the secretary. As soon as the final vote had been taken, Justice Field moved that the Injunction of secrecy be removed from the proceedinjes of the commission, and it wasa opted unanimously. Mr. Hoar Inquired of the chair whether any of the time to which the counsel were entitled to under the order of the commission remained, or wbet ter it had been exhausted. The court replied that the time for objections to No. 1 ami 3 WM exhausted, . On the part of the objectors to cert I flea te" Tto. 2 he believed 10 minutes remained, but the time hod been substantially exhausted.' Mr. Payne moved then that one hour be given each side for the respective counsel to gum up the ense. Mr. Garfield Aid üi&t tfie order had already been made that each side should have four hours and a half, and that the time should be used as they chose, and he considered that he ought to stand on the order, and should vote aga nst the motion, as tike counsel themselves had not yet asked it. Judge Clifford inquired If they were satisfied to rest their case. Mr. Evartssaid they were satisfied with the case as it stood. Justice Clifford asked If the opposing counsel also agreed to it. Judge Campbell said that they had nothing to add under the circumstances. Commissioner Abbott I understand you. Judge Campbell, to say that the commission having ruled out all the evidence you offered, you have nothing further to nrgef Judge Campbell Yes, Bir. Justice Clifford said the motion was then withdrawn. Commissioner Morton moved that three members of the commission be appointed to propare a report in the Louisiana case, and that a recess of one hour be taken. Commissioner Strong said that the question that had been passed upon was a question of thA ArlmlufitMlttv ef Avlnan M nml V. they now ought to go Into tne meritjof the case. Commissioner Pavne moved that be allowed each side lu which to make arguments before the commission. commissioner t.ar field said that the order Eurxueu yewteraay, giving four and a ha'' ours to each side to argue the whole quest4 was Introduced hv otter of tett Imnn t ASP, was then agreed that two addition' H should be givento that question. . ft ours After that agreement was er was also agreed that the conn' -?ed into It on their own final time and - might draw terlocutory question If tb te it onthat Inused It up and discuss' .y cfcose, and they together with the Ir the whole question. counsel have not -rioentary question. The and if they ha- ea ror additional time, ought to star mnuu cou siuer mat we vote aga . , , OQr order. I ah all therefore Payne. motion of Commissioner Cot ff A . f . . . . v ' . ... . f,;.;r t . u lunuu a mu umes tne JUnsel dealrnH It k ... . . .

1 TZVl rj1- H "wouJd not Invite theoounsel I the llon further. Mr. Etaru said ihxt his side Jad argued the

question fully and covered the whole merits of the case. They had so considered it during the time allowed them. The motion was withdrawn. Mr. Hoar then moved that the commission go into secret session for the purpose of consultatlou on the main question. Adopted, and the crowd dirtied to leave the room. TllE HAYES ELECTORS COUNTED IN. Immediately after the doors were closed Senator Morton offered the following resolution : Resolved, That the persons named as electors In certificate No. I were the lawful electors of the state of Louisiana, and that their votes are the votes, provided by the constitution of the United Mutes and should be counted for president and vice piesidetit. This resolution was adopted by a vote of 8 to 7, as follows: Yeas Bradley, Edmunds, Frellnghuysen, Garfield, Hoar, Miller, Morton and strong. Nays bboit, Bayard, Clifford, Field, Hun-' ton, Payne and Thurman 7. Justices Miller and Bradley and Representative Hoar were then appointed a committee to

draft a report of the decision, with a brief statement of the ieasons therefor, to be signed by the mwnihers agneing therein, and tobe transmitted to the Joint session of the two houses, as required by the electoral act. REPORT OF THE RADICAL EIGHT. A recess of about one hour was then taken. to afford time for the draftlngof the report. which, upon reassembling f the commission, was presented, and after beinK read was signed by Miller, Ktrong, Bradley, Edmunds, Morton, rreiingnuysen, uarfleid and lioar The report Is to the following effect: 'lhe electoral comm'ssion having received certain certificates and papers purporting to be the certificates of the electoral votes of the Mate of Louisiana, and certain papers accompanying tiie same and objections tnereto, report mat it nos uuiy cons'dered the same, and has divided, and does hereby decide that the votes or Hiiam Pitt Kellopg, O. H. Brewster, A. B. Levlsse, Oscar Juffrian, Peter Joseph, J. II. Birch, L. A. Sheldon and Morris Marks, named in the cer tificate of William P. Kelloug. governor of said state, which votes are certified by the said persons, as appears by tne certificates submitted to the commission as s foresaid, and marked number one, by said commission and herewith returned, are the votes provided for by the constitution of the United States, and that the same are lawfully to be counted as therein certified, nnmely, eight votes for Ruthsrford B. Hayes, of the state of Ohio, for president, and eight votes for William A. Wheeler, of the state of New York, for v ce president. The commission also decides and reports that the persons first before named were duly ajpoiuted electors in and by sain sate of Ixmisiana. The ground of this decision, stated briefly, i substantially as follows: That it Is not competent to go Into the evidence nliundf as to the papers oened by the president of the senate In the presence of the two houses to prove that other persons than those regularly certified to by the governor of the state of L uislana, in and according to a determination and declaration of their appointment. In other word, to go behind the certificate ot the governor so far as it is founded upon the action of the returnii.g board. The r-vort will also state that the commission could not receive any evidence to show that any elector was Ineligible on the 7th of November, the day of the election, on the ground that it was not essential that an elector was ineligible on that day so long as he was eligible when he cast his vote In the electoral college, and the fact appears that the alleged ineligible elector, Brewster and Levlsse, were chosen to fill the vacancies caused-bv their own absence from the college, and there was no allegation of ineligibility at the t'me they cast their vote. The commission was addressed on the counting of the vote of the Hayes electors by Morton, Thu mftn, Garfield, Bayarl. Edmunds, Hnnton, Hoar and Bradley, the last named closing tbe discussion. The commission remained In session until 9 o'clock, wben an adjournment to 4 o'clock p. in. to morrow was ordered. Proceedings f the Commission. Washington, Feb. 13. -At the meeting of the electoral commission to-day, Senator Thurman was absent, owing to sickness, and after a delay of 15 minutes the senator ar rived. senator m'doxald's aegcmext. Two minutes later the argument was begun by Senator McDonald, who supported the objections to the Hayes certificates from Georgia. Mr. McDonald referred to previous congressional action and laws to show that the returning board had no power iu iuuiv iino nie lrrepuianties at the election unless a proper foundation is laid by the statement of the supervisors of registration on the commissioners of election, or other and proper affidavits. In the election of 1872, tbe vote of Louisiana bad been rejected because the returning board bad not complied with the law, and they now proposed to show that the law had not been complied with in the present case. A popular msjority had been returned in one way, aud that majority had been revised by this board. Through actual fraud they had thrown aside the returns sent tbem by the proper officers, and had taken the reports of the supervisor cf registration in their place, but even this they did not follow at all times, The people of 69 polls had been disfranchised. Mr. Thurman asked bow many of these returns had been accompanied by protests. Mr. McDonald replied that not one protest had accompanied the returnu from these G9 polling places. The two houses of congress had already taken steps to inquire into the legality of the election in Louisiana, and he maintained that the commission possessing the powers of the two houses had the right, and it was their duty, to consider the information in tne possession of lhe two houses. Their duties were judic ial, not merely cler ical, anu ne conjureu mem to carefully weigh the evidence in the possession of the two bouses for which they were acting. MR. JEXKs'ß fPEECff. Mr; Jenks said they were prepared to show that the Hayes electors were not elected in conformity with the law, and would the evidence be accepted? He would further show that certificate No. 2 more nearly conformed to the law, and that it was lawful in all es-' sential points, and should the clause "not the governor shall certify" override the constitutional provision as to the mode of choice and leg islative enactment as to the time of holding the election If so, they would show that fraud was connected with that certificate, and that the governor who issued tbe certificate was a party to the, fraud. Tie asserted as facts that the law required the flection of the electors by the popular voto, and that the Tilden electors received a majority of from 9,000 o 16,000 votes. He proceeded to review the election in the several parishes, taking as a basis the facts testified fcO before the house Ix)uisiana investigating committee, with the incidental claim that this testimony was the proper evidence to be considered by the comruton, jie claimed that r .?uVrvlsors of the election cad , rown out a large number f TO 4 rltVirmt Vi nbnAnar nt nthnrit tV over the returns parish by parish he T '(tea. case asserted the evidences of - fraud and irregularity, declaring his readiness to show the same by evidence now in possession of the house and constructively before the commission. They were further prepared to show that Levissee and Brewster were ineligible, the former holding a position as commissioner, appointed by the circuit court, and Brewster a surveyor of land in the district, and he maintained that the clause of the constitution . extended not " only to the officer, but to the act. ' They would further prove that under the constitution of Louisiana, which prohibit any person from holding two offices, that three others were disqualified, vix.: JefTrion, Marks and Borch, who were respectively sopervisor of

election in a district, attorney and state senator at the.time of the election. They were, he said, further prepared to show that it was determined before the result was known that if necessary to affect the result the returning board was prepared to give the state to Hayes, regardless of for whom the votes had been cast. In conclusion, he asked that the moral light of the universe might be allowed to shine upon this transaction, and that the nation be free from the vile act of this board. MR. HCRLBtT's REMARKS. Mr. Hurlbut said the commission, he apprehended, stood in composition of the committee appointed by the two houses for it3 convenience to perform certain duties and that their jurisdiction was defined by certain well established laws., lie maintained that there could be no question of the fact that Win. P. Kellogg was governor of the wretched state of Louisiana He had been elected by the votes of the people and returned by "the pröper officers of the state, and regularly inducted into office, and when a rebellion led by McEnery had overthrown the legal government the president bad used the power of the United States to put down, the rebellion and restore this government, and the senate had by solemn resolve recognized and approved the action of the president. The house of representatives had also adopted a resolution by a vote of 1G5 to 85, declaring that Kellogg should be recognized as governor of the state of Louisiana to the

end of his term of office. The legislature of Louisiana had also agreed that the term of office of Kellogg should not be interfered with during the term for which he was elected, until his successor had been qualified. If it be true that Kellogg was governor on the 6th of November, it was manifestly true that McEnery was not. He had of his own will retired from the contest in 1874 and has not attempted to discharge any of the duties of thai office up to this time. The certifuate given by him was irregular from necessity, for he bad not an office where the returns Could be made, and he had no secretary of state to certify to bis Mgnature. Mr. Hurlbut argued at length aeainst the admission of the evidence and going behind the face of the returns. He declared that the returning board was a legal body and its decision final. The supreme court ofthe state itself as regards it own legal election has decided that the returns made by this board and required by law to be filed wfth the secretary of state, and also required to be promulgated by publication in the papers, are evidences in which the governor gives commission to all officers in the state, and that these returns and declarations are prima facie evidence, which can only be gone behind in a judicial trial. This commission is not sitting nor can it sit as a judicial tribunal to try which of the two gentlemen raraed for president has actual-. ly been elected. nOWX WAXT8 TO KNOW HOW IT CAW BK. Senator Howe then addressed the commission on behalf of the republican objectors. He said: We object that you shall not count the- votes tendered by McEnery and his associates; first, because you have no evidence that they were di rected by the legislature of Louisiana to vote for president, and you ought to have such evidence before you receive them. No man can have his vote as elector counted for president and vice president unless bis right so to vote is certified by the governor of a state. John McEnery was not in November last and never was governor of Louisiana so many of you as occupy seats here who belong to the senate have often seen the signature of McEnery attached to credentials of somebody aspiring to recognition and knocking for admission to tke senate, but you have never- opened your doors to any such demand, and so as many of you as belong to the otbxr house have seen that same name'' appended to credentials of those who aked to be admitted to tbe deliberations of that body, but you have uniformly turned them away and said, "We do not know you, John McEnery, we do not know you in the character of governor." I do not know that hi has ever appeared before the supreme court, but another man has appeared before that courr, has been impleaded' before it as governor of Louisiana and judgment has been given in that court npon the issues there confirmed, so that jou have inall your several capacities been called upondirectly to pass j udgment upon this pretenie ar.d all have given judgment against it. For four years past Win. Pitt Kvllogg has presided over the state of Louina, and has been, recognized as its lawful governor; the president has recognized Kellogg; he is the man who hag signed the enactments of the legislature, or has refused to sign them, and performed all ot'.vr functions pertaining to his office. In conclusion, Mr. Howe asked the commission to listen to the lawful voice of Louisiana as same as to the lawful voice of any other state, and give weight t it. wno tiie forxsEL will be. At the conclusion of Mr. Howe's argument, Judge Campbell informed the commission that Messrs. Carpenter, Trumbull and himself would appear as counsel for tbe dt raocratic side, and Mrv Kvarts announced that Messrs. Stoughton, Shellabarger and himself would appear for the republican Side. Mr. Campbell requested that ments be allowed for each side. six arguMr. Garfield moved to make the time four hours. The commission here took a short recess. On reassembling the commission announced that four and a half would be allowed to each side for their argument, and that the commission would commence hearing the arguments at 5 o'clock, and sit until 9 o'clock this evening. jiR. carpenter's srKEcrf. When the commission again assembled at 5 o'clock ex Senator Carpenter arose and said: If the court please, to relieve Bome little anxiety that exists in some parts of the country, let me occupy one momentin stating for whom I appear here. I desire to say ' in the nrst place that I do nqt appear for Samuel J. Tilden. He Is a gentleman whose acquaintance I have not the honor of having, with whom, I have no sympathy, against whom I voted on the 7th of November last, and If this -tribunal could order a new trial I shouldvote against him again. Believing, as I do, that the accession oi the democratic party TO -power in this country to-day would be the greatest calamity that could befall the people, except one, and that one great calamity would be to keep him out by fraud and falsehood. Carpenter said he appeared for ' 10,000 legal voters of Louisiana, who have' been disfranchised by four villains whose official title is the returning board of Lou isiana. And he continued as follows: Upon the very basis of the bill Cff ating this tribunal your decisions are to be reported to both houses of congress, and the two houses of congress may set than aside. There is an end, then, of the saying that this tribunal is exercising judicial power, or that whether you decide the vote shall be counted for Hayes or Tilden, that decision precludes the question between these two. It does not; it can not. In no possible aspect of the case can it be main