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2000/11/21 0001
CONGRESSIONAL RECORD: CONTAINING THE PROCEEDINGS OF THE ELECTORAL COMMISSION

APPOINTED UNDER

THE ACT OF CONGRESS APPROVED JANUARY 29, 1877, ENTITLED “AN ACT TO PROVIDE FOR AND REGULATE THE COUNTING OF VOTES FOR PRESIDENT AND VICE—PRESIDENT, AND THE DECISIONS OF QUESTION ARISING THEREON, FOR THE TERM COMMENCING MARCH 4, A.D. 1877;”

BEING

PART IV, VOLUME V.

FORTY—FOURTH CONGRESS, SECOND SESSION.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1877.

0002 0003
ELECTORAL COMMISSION.

MEMBERS OF THE COMMISSION.

HON. NATHAN CLIFFORD, Associate Justice Supreme Court, First Circuit.

HON. WILLIAM STRONG, Associate Justice Supreme Court, Third Circuit.

HON. SAMUEL F. MILLER, Associate Justice Supreme Court, Eighth Circuit.

HON. STEPHEN J. FIELD, Associate Justice Supreme Court, Ninth Circuit.

HON. JOSEPH P. BRADLEY, Associate Justice Supreme Court, Fifth Circuit.

HON. GEORGE F. EDMUNDS, United States Senator.

HON. OLIVER P. MORTON, United States Senator.

HON. FREDERICK T. FRELINGHUYSEN, United States Senator.

HON. THOMAS F. BAYARD, United States Senator.

HON. ALLEN G. THURMAN, United States Senator.

HON. FRANCIS KERNAN,* United States Senator.

HON. HENRY B. PAYNE, United States Representative.

HON. EPPA HUNTON, United States Representative.

HON. JOSIAH G. ABBOTT, United States Representative.

HON. JAMES A. GARFIELD, United States Representative.

HON. GEORGE F. HOAR, United States Representative.

OFFICERS OF THE COMMISSION.

HON. NATHAN CLIFFORD,

JAMES H. McKENNEY,

Assistant Secretaries.

B. E. Cattin

G. A. HOWARD

WILLIAM H. REARDON,

Deputy Marshals.

A.S. SEELY

J.C. TALIAFERRO

D. F. MURPHY, Stenographer

* Substituted February 26, 1877, in consequence of Mr.Thurman's physical disability.

0004
0305
INDEX.

A.

Abbott, Josiah G., a Representative from Massachusetts, member of the Commission--

appointed by the House2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn103, 149, 159, 277, 281

to take a recess191

that the papers accompanying the objections in the case of Florida be printed3

that Mr. Jenks have a full hour for argument61, 277

that the time for discussion be extended to six hours on a side71, 277

that all papers in the case of Oregon be printed119

that each Commissioner have leave until March 10, proximo, in which to file for publication in the Record an opinion respecting the cases that have at present been acted on by the Commission280

orders submitted by--

that in the case of Florida the Commission will receive evidence relating to the eligibility of Frederick C. Humphreys, one of the persons named in Certificate No. 1 as elector38, 275

that the injunction of secrecy imposed on the action had Friday, February 9, 1877, as entered in the Journal, be removed57, 276

that the injunction of secrecy imposed on all former consultations of the Commission be removed119, 280

that the vote in the matter now pending in the case of Oregon be taken at four o'clock p.m. on Friday, February 23, 1877178, 281

that all certificates and the objections thereto in the case of Oregon be printed280

resolutions offered by--

that evidence will be received to show that so much of the act of Louisiana establishing a returning board for that State is unconstitutional, and the acts of said returning board are void. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 278

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 last election in that State, was not legally constituted under the law establishing it, in this: that it was composed of four persons all of one political party, instead of five persons of different political parties , as required by the law establishing said board. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 278

that the Commission will receive testimony on the subject of the frauds alleged in the specifications of the counsel for the objectors to Certificates Nos. 1 and 3. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 278

that testimony tending to show that the so-called returning board of Louisiana had no jurisdiction to canvass the votes for electors of President and Vice-President is admissible. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 278

that evidence is admissible that the statements and affidavits purporting to have been made and forwarded to said returning board in pursuance of the provisions of section 26 of the election law of 1872, alleging riot, tumult, intimidation, and violence at or near certain polls and in certain parishes were falsely fabricated and forged by certain disreputable persons under the direction and with the knowledge of said returning board; and that said returning board knowing said statements and affidavits to be false and forged, and that none of the said statements or affidavits were made in the manner or form or within the time required by law, did knowingly, willfully, and fraudulently fail and refuse to canvass or compile more than ten thousand votes lawfully cast, as is shown by the statements of votes of the commissioners of election. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 278

interlocutory remarks and questions by, on the--

business of the Commission28, 61, 71, 77, 84, 103, 149, 191

Florida case3, 10, 13, 28, 50, 53

Louisiana case58, 67, 68, 85, 86, 90, 95, 100, 105, 118

Oregon case119, 126, 132, 142, 166, 171, 173

South Carolina case182, 185, 186

arguments by, in the consultations on the--

Florida case231

Louisiana case234

Oregon case234

South Carolina case237

Act of Congress under which the Electoral Commission was organized1, 273

Adjournments of the Electoral Commission2, 4, 17, 29, 37, 38, 56, 57, 77, 103, 117, 119, 160, 178, 179, 181, 193, 273, 274, 275, 276, 277, 278, 279, 280, 281, 283, 284, 285

Authorities, citations of--

Abbot vs. Vance, contested-election case of134, 137

Abbot's Digest144

Adkins vs. Brewer, 3 Cowen, 20678

Allen vs. Blunt, 3 Story C. C., 742144

American Law Register, U.S.129, 148, 224

Arkansas Reports, volume 1, pages 21, 595124, 125

Arnold vs. Lea, Clarke, & Hall, 601144

Arthur vs. Franklin, 16 Ohio, new series, 19374

Attorneys-General, Opinions of, volumes 2, 1440, 147

Badger and others vs. The United States on the relation of Bolton40

Baird vs. The Bank of Washington, 11 Seargeant & Rawles107, 137, 149, 164

Bank of Hamilton vs. Dudley, 2 Peters, 492243

Barnes vs. Adams, 2 Bartlett, 760149

Barnewall & Creswell, 6, 1240, 99

Bartley vs. Fletcher, 39 Mo. Reports, 388, 399156, 175

Batman vs. Magowan, 1 Metcalfe's Kentucky Reports, 533100

Battle vs. Howard, 13 Texas, 345186

Battle vs. McIver, 68 N. C. Reports, 469129, 230

Bean vs. Thompson, 19 N. H., 115149

Black, 2, page 599244

Blacket vs. Blizard99

Blackstone's Commentaries, 261186

Bleecker vs. Bond, 3 Wash. C. C. Reports, 531126

Bloom vs. Burdick, 1 Hill, 33078

Bonner vs. Lynch, 25 Louisiana Annual Reports, 26895

Bouvier's Law Dictionary, title Quorum99

Bradley vs. Fisher, 13 Wallace, 348160

Bridge Proprietors vs. Hoboken Company, 2 Wallace, 116256

Brightly's Digest, 448-450144, 148

Brison vs. Lingo, 26 Mo., 49674

Broom vs. Hanley, 9 Penn.,513129

Broom's Legal Maxims, 465144

Brown vs. The City of Lowell, 8 Metcalfe, 175116

Burrowes, 3, 136678

Call vs. Stearns9

Calder vs. Bull, 3 Dallas46, 187

Carpenter's Case, 2 Parsons, 540144

Carson vs. McPhetridge, 15 Indiana, 327147

Candle vs. Seymour, A. and E., volume 1, page 892114

Charless vs. Lamberson, 1 Clarke, (Iowa,) 43574

Chase's Decisions, 1 Johnson's Report, 425146, 164

Chief Justice Parsons, 5 Mass., 533155

Chitty's Pleading24

Christy vs. Pridgeon, 4 Wallace246

Church, Chief Justice, opinion of204

Clark vs. Hall, 871148, 186, 230

Clarke on Election Contests, page 156134

Cochrane vs. Jones, 14 Am. Law Register147

Cochrane & Rowe, 288186

Colchester, Pickrell, I 503-507186

Collin vs. Knoblock, 25 Louisiana, 263, 26568, 160

Commonwealth vs. Athearn, 3 Mass., 28515

Commonwealth vs. Baxter, 35 Penn., 263100, 148, 153

Commonwealth vs. Brown, 1 S. & R., 38274

Commonwealth vs. Cluley, 56 Penn. Reports42, 127, 128, 135, 146

0306 302

Commonwealth vs. Garrigues, 28 Penn. Reports, 9100

Commonwealth vs. Hanley, 9 Penn Reports, 513148

Commonwealth vs. Jones, 10 Bush, Kentucky Reports, 726146

Commonwealth vs. Leech, 44 Penn. Reports, 332100

Commonwealth vs. Smith, 45 Penn Reports, 5946

Commonwealth ex rel. Broom vs. Hanley, 9 Penn. Reports,513158

Comyn's Digest, title Parliament186

Congressional Globe, volume 5, pages 80-96108156

Congressional Record, volume 3, part 3 page 160221

Constitution of the United States, the8, 12, 14, 16, 23, 26, 28, 31, 32, 34, 35, 36, 41, 45, 46, 47, 50, 52, 53, 55, 59, 67, 73, 74, 77, 78, 110, 115, 123, 130, 131, 141, 144, 145, 146, 148, 158, 170, 172, 186, 195, 197, 208, 209, 210, 213, 217, 222, 225

Contested Elections, Clarke & Hall, 872129

of 1834 to1865, page 9108

Cooke vs. Loveland, 2 Bosanquet and Puller, 3199

Cooley on Constitutional Limitations, 62040, 99, 100, 146

Coolidge vs. Brigham, 1 Allen, 335155

Corliss, 16 AM. Law Register, N.S., 15147

Court of Queen's Bench, 11 A & E45

Cowen, volume 4, page 143186

Cushing's Law and Practice, sections 634, 74787

Daniell's Chancery Practice24

Davis vs. State, 7 Maryland, 151186

Day vs. Kent,1 Oregon, 123144

Digest of Louisiana Statutes, volume 2106

Dillon on Muncipal Corporations, volume 1143, 146

Document No. 123, 26th Congress, 2nd Session, H.R.40

Dodd ex parte, 6 Eng., (Ark.,) 152129, 230

Downing vs. Ruger, 21 Wendell, 181143

Draper vs. Johnson, C. and H., 703186

Drew vs. Stearns9, 14

Ducher's Reports, N.J., page 355154

Duchess of Kingston's Case25

Easton vs. Scott, C. and H., 267, 272186

Elliott's Debates, page 10147

Elmdorf vs. Taylor, 10 Wheaton, 159243

Elmwood vs. Macey, 2 Otis, 28944

Ensminger vs. Peo, 47 Illinios74

Federalist, No. 21, page 112187

Field vs. Seabury, 19 Howard, 331101

Fish vs. Collins, 21 Louisiana, 289147

Florida election laws, section 4245

French vs. Fyan, case of257

Furman vs. Clute, 50 N.Y. Reports42, 159

Freeman on Judgements, section 78155

Gaines vs. Thompson, 7 Wallace, 347257

Gallary vs. Merrill, Clarke and Hall, 328186

Golden vs. Sharp, Clarke and Hall, 410186

Gorham vs. Campbell, 2 Cal., 135144

Gould vs. Hammond, 1 McAll., 235144

Grant on Corporations, page 155116

Green vs. Neal, 6 Peters44, 54

Green vs. Burke, 23 Wendell, 490, 50236, 224

Greer vs. Shackleford, Constitutional S.C. Reports, 642100

Grindley vs. Baker, 1 Bosanquet and Puller, 22999

Groves vs. Slaughter, 15 Peters, 500, 50150

Gulik vs. New, 14 Indiana Reports, 93, 9642, 124, 125, 127, 134, 147

Hadley vs. The Mayor of Albany, 33 N.Y.154, 253

Hardenberg vs. Farmer's Bank, 2 Green, N.J.,68144

Hawkins vs. The Governor, 570, 595155

Heywood on County Elections, pages 511, 535134, 183

High on Extraordinary Legal Remedies8, 15, 127

Hildreth's Heirs vs. McIntyre's Devisee, Marshall's Ky. Reports36

Hildreth vs. McIntire, 1 J.J. Marshall, 206224

House Documents No. 35, part 344

Howard's Reports, volumes 7, 8, 11, 14, 21, 239, 98, 243

Hulseman and Brinkworth vs. Reeves and Siner, 41 Penn Reports, 396101, 153

Hunter vs. Chandler, 45 Missouri, 43546

Hutchinson vs. Tilden and Boardley, 4 Harris and McHenry128

Illinois Reports, 51, 5515, 95

Impeachment of Belknap, Record, volume 4, part 7, page 1250

Indiana Reports, volumes 15, 41124

Inker vs. Commonwealth, 20 Penn. Reports, 493144

Iowa Reports, volume 16, page 28499

Johnson vs. Towsley, 13 Wallace, 72257

Johnson's Reports, page 18415

Johnson's Reports, page 36433

Jones vs. Reed, 1 Johnson's Cases, 2078

Jones vs. State, 1 Kansas, 270144

Keller vs. Chapman, 34 Cal., 635144

Kentucky vs. Dennison, 24 Howard, 66256

Kerr and others vs. Trego and others, 47 Penn Reports, 292154

King vs. Allen, 15 Eastman, 33186

King vs. Hawkins, 10 East, 210134

King vs. The Corporation of Bedford Level, 6 East, 36836

Knight vs. Wells, Lutwych, 508149

Koerner et al. vs. Ridgley et al., 21 Illinois Reports, 6515

Lansing's Reports, volume 7, page 275114

Limerick, Perry and Knapp, 355186

Litchfield vs. Register and Receiver, 9 Wallace, 575257

Louisiana Annual Reports, volume 5, 6, 13, 2566, 95, 100, 108, 154

Louisiana Constitution214

Lord Raymond, 2, 114478

Luther vs. Borden, 7 Howard98, 187, 257

Lyner vs. State, Indiana, 49074

Lyon vs. Smith, Clarke and Hall, 101183

Madison Papers, pages 343, 51541

Maine Judges, opinions of, appendix to volume 38 of Reports146

Maine Reports, volumes 25, 32, 3833, 151, 253

Male On Elections, page 336134

Mansfield vs. Moor, 53 Illinois, 428145

Marbury vs. Madison, 1 Cranch162

Martin vs. Mott, 12 Wheaton, 19, 20144, 155

Massachusetts Reports, volume 17, page 600153

Mayor of Rochester vs. The Queen, 1 Blackburn and Ellis, 102445

McCrary's Law of Elections116, 135, 137, 143, 144, 146, 148, 149, 183

McGregor vs. Balch, 14 Vermont, 428137, 149

McKenney vs. O'Connor, 26 Texas, 5144

McLaughlin vs. Sheriff of Pittsburgh, Legal Journal, July, 1868146

McLean's Reports, page 51250

Metcalfe's Kentucky Reports, 1, page 53896

Miller vs. Supervisors of Sacramento County, 25 Cal158

Mills vs. Durgee, 7 Cranch, 481213

Minnesota Reports, volume 15, 455154

Missouri Reports, volume 39125, 250

Morgan vs. Quackenbush, 22 Barbour, 72, 73, 77116, 146, 154

Morgan vs. Vance, 4 Bush (Ky.) Reports179

Morris et al. vs. Underwood et al., 19 Georgia Reports, 56315

Newcum vs. Kintley, 13 Ben. Monroe161

New Hampshire Reports, 53, page 64033

Newman vs. Jacobs, 17 Ohio Reports15

New York Reports, volume 55, page 527114

Nichols vs. City of Bridgeport, 27 Conn. Reports155

Noble vs. United States, Dev., 84144

Nourse vs. Clarke, 3 Nevada, 56642

Ohio State Reports, volume 6, page 176185

Oregon, constitution of132,133, 142, 143, 146, 152

election laws of133, 138, 199, 206, 219, 220

Orkney and Shetland, Frazier, 1, 369186

Pell vs. Ullman, 21 Barbour, 500228

Pendleton vs. The United States, 2 Brockenborough's Reports, 75126

People vs. Ammons, 5 Gilmer, 107137

People vs. Bates, 11 Michigan, 363144

People vs. Coghill, 47 California, 361228

People vs. Cook, 4 Selden's Reports91, 99, 137, 154

People vs. Cook, 10 Bush, 74391

People vs. Clute, 50 N. Y. Reports, 2151136, 147

People vs. Ferguson, 4 Cowan74

People vs. Goodwin, 22 Michigan, 496100

People vs. Johnson, 6 California, 67374

People vs. Miller, 16 Michigan, 56153

People vs. Mizner, 7 Cal., 524148

People vs. Moliter, 23 Michigan, 341147

People vs. Parker, 37 California Reports129, 148, 230, 248

People vs. Pease, 27 N.Y. Reports, 54, 5555,145

People vs. Porter, 6 California Reports 2750

People vs. Reed, 6 Cal., 288248

People vs. Stratton, 28 California Reports, 382148, 230

People vs. Supervisors of Greene, 17 Barbour, 217253

People vs. Sweeting, 2 Johnson, 184223

People vs. Tibbetts, 4 Cowden, 358, 381223

People vs. Tilton, 37 California Reports, 614129, 148, 158

People vs. Vail, 20 Wendell, 1274

People vs. Whitman, 10 California Reports, 48148

Peters, 2, 6, 15186, 243

Porterfield vs. McCoy, Clarke & Hall, 267186

Potter's Dwarris on Statutes, 22840

Powers vs. The People, 4 Johnson's Cases, 29278

Powers vs. Reed and others, 19 Ohio Reports205

Pratt vs. People, 29 Illinois, 72144

Price vs. Baker, 41 Indiana Reports128, 147

Price vs. Hopkins, 13 Michigan, 31874

Pritchard et al. vs. The People, 1 Gilmer's Reports, 529137

Pulaski Co. vs. Lincoln, Arkansas, 320228

Queen vs. Blizzard, 2 Law Reports Queen's Bench,55158

Queen vs. Mayor, 3 Law Reports Queen's Bench, 629134, 147

Reg. vs. Coaks, 3 El. and B., 25343

Revised Statutes42, 43, 67, 123, 127, 131, 141, 152, 191, 236, 246, 251

Rex vs. Beeston, 3 Term Reports, 59299

Rex vs. Justices of Leicester, 740

Rex vs. Lexdale, 1 Barr, 447149

Rex vs. Monday, Cowper, page 53641

0307 303

Rhode Island, statutes of43,48

Rice vs. Ruddimann, 10 Michigan, 12574

Rochester vs The Queen, 1 Ell., Bl., and Ell., 1031272

Salkeld, 40678

Saunders vs. Haynes, 13 California Reports135, 147, 149

Schenck vs. Peay, 1 Woolworth's C.C. Reports, 175208,215,230,234

Seaford, Laders III, 3186

Searcy vs. Grow, 15 California Reports, 118, 120, 12142, 123, 224

Secretary vs. McGarrahan, 9 Wallace, 248257

Sedgwick on Constitutional and Statutory Law, page 37040

Senate Journals, 1874, 187566

Sergeant's Court Law, (2 ed.), 373230

Sharp vs. Dawes, Law Reports, January, 1877162

Shelby vs. Gray, 11 Wheaton, 36144

Smith's Leading Cases9

Southwark on Elections, page 259134

Spaulding vs. Mead, Clarke & Hall, 157186

Sprague vs. Norway, 30 Cal., 173144

Starkie on Evidence24

State vs. Adams, 2 Stewart's Ala. Reports, 331148

State vs. Anderson, Cox Reports, 318159

State vs. Benedict, 15 Minnesota, 199148, 230

State vs. Boal, 46 Missouri, 528146

State vs. Brown, 5 Rhode Island, 1223

State vs. City of Newark, 3 Dutcher, 185148

State vs. Cobb, 2 Kansas, 32148

State vs. Commissioners of Marion County, 14 Ohio Reports154

State vs. County Judge, 7 Iowa Reports, 20191

State vs. Gastinel, 18 Louisiana, 517147

State vs. Gartwell, 20 Louisiana, 114146

State vs. Giles, 1 Chandler, Wisconsin, 112146

State vs. Hufty, 11 Louisiana Reports, 304100

State vs. Jenkins, 43 Missouri Reports, 261129, 148, 230

State vs. Kurfule, 44 Missouri, 15474

State vs. Lynch, 25 Louisiana Reports, 90100

State vs. Marlow, 15 Ohio Reports, 114100

State vs. Milburn, 9 Gill, 105186

State vs. Newhall, 3 Dutcher, 197147

State vs. Robinson, 1 Kansas, 17148

State vs. Smith, 14 Wisonsin, 497146

State vs. Stumpf, 21 Wisconsin, 57999

State vs Swearingen, 12 Georgia, 23146

State vs. Townsley, 56 Missouri, 107146

State vs. Vail, 53 Missouri146, 155

State ex rel. Attorney-General vs. Irwin, Nevada, 111148

State ex rel. Blashford vs. Barstow, 4 Wisconsin, 56774

State ex rel. Bloxham vs. Board of State Canvassers, 13 Florida272

State Board vs. The State, 1 Blackford's Indiana Reports74

State Trials, 2112

State of Florida vs. Gleason, Florida Reports, 10974

State of Michigan vs. Phoenix Bank, 33 N.Y. Reports135

St. Louis County vs. Sparks, 10 Missouri, 121137, 149

Stocking vs. State, 7 Indiana, 329148

Story on the Constitution48, 88, 132, 148, 230

Strange, 125678

Stratton vs. Oulton, 28 California Reports, 51129, 148, 230

Sublett vs. Bidwell, 47 Mississippi, 266147

Sublett vs. Treadwell, 47 Mississippi, 26693

Supervisors vs. Keady, 34 Illinois, 29374

Supervisors vs. United States, 4 Wallace, 435147

Supreme Court of New York, ex parte Heath, 3 Hill46

Switzler vs. Anderson, 2 Bartlett, 374143

Taylor vs. The Governor, Pike's Ark. Reports155

Taylor vs. Taylor, 20 Minnesota, 107144

Term Reports, 3, 6, 194, 44478, 186

Thatcher vs. Powell, 6 Wheaton, 119215, 229

Thompson vs. Whitman, 18 Wallace, 46754

Tioga Railway Company vs. Blossburg Railroad, 20 Wallace, 13744, 54

Township of Elmwood vs. Marcy, 2 Otto, 28954, 213

United States vs. Fareira, 13 Howard, 4072

United States vs. Kirby, 7 Wallace, 482, 48698

United States vs. Le Baron, 19 Howard162, 175

Van Renslaer vs. Van Allen, Clarke & Hall, 73186

Vermont Reports, volume 20, page 473186

Vine's Abridgement, 16, 114149

Virginia vs. West Virginia, 11 Wall., 39244, 257

Walker vs. Turner, 9 Wheaton, 54178

Wallace Reports98, 243

Ware vs. Hilton, 3 Dallas110, 116

Warwick, Cushing, S. & J., 401186

Watts, vol. 1, page 54186

Wells vs. Newkirk, 1 Johnson's Cases, 22878

Wendell's Reports, volumes 3, 1091, 99

Wentworth vs. Farmington, 49 N.H., 120228, 234

West Boylston, Cusing, S. & J., 394186

Wheaton, 12, 167, 168243

Whitman vs. Melony, 10 Cal., 47147

Whitton, Chief Justice, 4 Wisconsin, 792223

Wilcox vs. Smith, 5 Wendell, 231224

Wilkes vs. Luttrell, case of134

Wynehamer vs. People, 13 N.Y., (3 Kernan), 392187

B.

Bayard, Thomas F., a Senator from Delaware, member of the Commission--

appointed by the Senate2, 273

sworn and certificate of oath filed2, 273

motion made by, that the offers of proof submitted by Mr. Cochrane be printed190, 284

resolutions offered by--

that no person holding an office of trust or profit under the United States is eligible to be appointed an elector, and that this Commission will receive evidence tending to prove such ineligibility as offered by counsel for objectors to Certificates 1 and 3. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 279

that the vote of W.H. Odell and the vote of J.C. Cartwright, cast for Rutherford B. Hayes, of Ohio, for President of the United States, and for William A. Wheeler, of New York, for Vice-President of the United States, are the votes provided for by the Constitution of the United States, and that the aforesaid Odell and Cartwright, and they only, were the persons duly appointed electors in the State of Oregon at the election held November 7, A.D. 1876, there having been a failure at the said election to appoint a third elector in accordance with the Constitution and laws of the United States and the laws of the State of Oregon; and that the two votes aforesaid should be counted, and no other, from the State of Oregon. Offered as a substitute for a resolution offered by Mr. Commissioner Edmunds178, 282

interlocutory remarks and questions by, on the--

business of the Commission58

Florida case21

Louisiana case61, 85, 90, 92, 93, 95

South Carolina case190

arguments by, in the consultation on the--

Florida case207

Louisiana case214

Oregon case218

South Carolina case220

Black, Jeremiah S., counsel--

interlocutory remarks by, on the Florida case19, 20

arguments by, on the--

Florida case24

South Carolina case190

Blair, Montgomery, counsel--

argument by, on the South Carolina case188

Bradley, Joseph P., an Associate Justice of the Supreme Court, member of the Commission--

selection of, pursuant to the act of Congress2, 273

sworn and certificate of oath filed2, 273

motion made by2, 273

sworn and certificate of oath filed2, 273

motion made by--

to adjourn57, 276

to take a recess274

that the rules reported be considered seriatim2, 273

that there be two arguments in the Florida case this day, [Saturday, February 3, 1877,] one on each side21

that counsel may take such time as they desire, if any, from the time previously allowed, four and a half hours, and employ it in the discussion of the question of the admissibility of the proofs, in addition to the two hours already allowed87

order submitted by, that time consumed by counsel on question of admission of evidence beyond the two hours allowed be deducted from that allowed on final argument277

interlocutory remarks and questions by, on the--

business of the Commission80, 87, 149

Florida case2, 3, 6, 7, 21, 40, 41

Louisiana case58, 59, 67, 73, 75, 84, 88, 89, 90, 92, 105, 106, 107, 113, 115

Oregon case150, 164, 165, 171, 176

South Carolina case182

arguments by, in the consultations on the--

Florida case259

Louisiana case261

Oregon case264

South Carolina case266

C.

Campbell, John A., counsel--

interlocutory remarks by, on the Louisiana case71, 87, 118

argument by, on the Louisiana case110

Carpenter, Matt H., counsel--

interlocutory remarks by, on the Louisiana case71, 93

argument by, on the Louisiana case72

 0308 304

Catlin, B. E., an assistant secretary of the Commission

appointed , on motion of President Clifford2, 273

Christianey, Isaac P., an objector on the part of the Senate

interlocutory remarks by, on the South Carolina case 180

Clifford, Nathan, an Associate Justice of the Supreme court, President of the Commission

act of Congress appointing 1

sworn and certificate of oath filed 2 , 273

rulings and remarks from the chair, by 2, 3, 4, 6, 10, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 28, 29, 37, 38, 39, 40, 43, 46, 52, 56, 57, 58, 61, 71, 72, 77, 80, 84, 85, 86, 87, 90, 91, 92, 93, 97, 100, 103, 110, 116, 117, 118, 119, 120, 122, 130, 132, 141, 149, 150, 151, 160, 165, 166, 167, 168, 169, 175, 177, 178, 179, 180, 181, 184, 186, 188, 190, 191, 192, 193

approval of the proceedings of the last day's session by, to be considered as if they were approved by the Commission 193

argument by, in the consultation of the Florida case 267

letters from, to the President of the Senate

transmitting the decision of the Commission in the case of

Florida57, 276

Louisiana119, 280

Oregon179, 283

South Carolina193, 285

Cochran, Alexander G., an objector on the part of the House

interlocutory remarks by, on the South Carolina case 185, 191

arguments by, on the South Carolina case 184

Committees appointed

to report rules of proceeding; which were considered, amended, and adopted2, 273

to consider the allowances to be made to the officers and persons who had been employed in the service of the Commission193, 285

to call on Mr. Commissioner Thurman and inquire if he will consent that the Commission adjourn to his house for the purpose of receiving his vote on the question relating to Oregon178, 282

Communications from the

Senate2, 110, 179, 273, 278, 283

House2, 273

two Houses2, 57, 119, 180, 273, 277, 280, 284

Conover, Simon B., an objector on the part of the Senate3

Cooper, Henry, an objector on the part of the Senate3

D.

Dunnell, Mark H., an objector on the part of the House3

E.

Edmunds, George F., a Senator from Vermont, member of the Commission

appointed by the Senate2, 273

sworn and certificate of oath filed2, 273

motion made by

to adjourn3, 4, 17, 57, 179, 274, 276, 278, 283, 284

to take a recess2, 55, 56, 71, 87, 122, 141, 149, 179, 180, 273, 274, 276, 277, 278, 280, 281, 283, 284

that the motion of Mr. Commission Abbott be for the time being laid upon the table3

that the Secretary of the Commission be directed to prepare and have printed on slips the names of the members of the Commission in alpabetical order for the purpose of being used in taking the votes4, 274

that after six o'clock p.m. each Commissioner be allowed to speak but once and not longer than five minutes56

that those who offer the proof shall have the opening and the close87

that one copy of each set of the papers in the case of Oregon be read120, 280

that the Commission grant subpoenas for the witnesses named and also an order for the papers called for from the Post-Office Department122, 280

that the Commission proceed with the case of Oregon at seven o'clock in the Senate Chamber, and that counsel have three and a half hours for argument on the whole case150, 281

that a letter from Mr. Commissioner Thurman be places on file179, 283

that the public proceedings of the Commision be considered closed191

that the certificates received from the President of the Senate in the case of South Carolina be read284

that the vote on the question pending in the case of South Carolina be taken by six o'clock p.m. on Tuesday, February 27, 1877284

orders submitted by--

that Commissioners Abbott and Hoar be a committee to consider and report whether certain papers referred to in the objections of C. W. Jones and others ought to be printed for use of the Commission4, 274

that the decision and report submitted by the committee appointed to prepare it be adopted as the final decision and report in the matters submitted to the Commissionas to the electoral vote of the State of Florida56, 276

that the President inform the Senate by letter that the Commission has considered and decided upon the matter submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of Florida, and transmit the same57, 276

that the President inform the House of Representatives by letter that the Commission has considered and decided upon the matter submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of Florida, and has transmitted said decision to the President of the Senate, and transmit the same57, 276

that counsel now be heard on the whole subject as the case now stands, and that four hours on a side be allowed. Submitted as a subtitute for motion of Mr. Commissioner strong84-86, 277

that the decision and report submitted by the committee appointed to prepare it, be adopted as the final decision and report in the matters submitted to the Commission as to the electoral vote of the State of Oregon178, 282

that the President inform the Senate by letter that the Commission has considered and decided upon the matters submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of Oregon, and transmit the same179, 283

that the President inform the House of Representatives by letter that the Commission has considered and decided upon the matters submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of Oregon, and has transmitted said decision to the President of the Senate, and transmit the same179, 283

that the President of the Commission inform the Senate by letter that there is a vacancy therein, occasioned by the physical inability of Hon. Allen G. Thurman, a Senator and a member of said Commission, to proceed with its duties179, 283

that a vote on the question pending in the case of South Carolina be taken by six o'clock p.m. on Tuesday, February 27, 1877192

that after six o'clock p.m. each commissioner be allowed to speak but once and not longer than five minutes275

that counsel proceed with argument in the same manner as in the case of the State of Florida, counsel offering evidence to open and close argument277

that the President, Commissioners Frelinghuysen and Payne, be a committee to consider a proper allowance as compensation to the employees, and report the same at the next meeting of the Commission285

resolutions offered by--

that the decision of the Commission in the case of Florida, as submitted, be adopted56, 275

that the certificate signed by E. A. Cronin, J. N. T. Miller, and John Parker, purporting to cast the electoral votes of the State of Oregon, does not contain nor certify the constitutionalvotes to which the State is entitled177, 281, 282

that the President of the Commission inform the Senate that Hon. Allen G. Thurman, a member of this Commission, is physically unable tomperform his duties as a Commissioner, that the vacancy so created be filled179, 283

inerlocutory remarks and questions by, on the

business of the commission4, 58, 72, 77, 80, 87, 103, 141, 149, 150, 181

Florida case3, 6, 10, 12, 15, 17, 20, 21, 23, 41, 54, 55

Louisina case68, 76, 77, 84, 85, 86, 88, 89, 90, 91, 93, 101, 105, 113, 115, 116

Oregon case119, 120, 122, 128, 129, 142, 151, 156, 159, 163, 166, 176, 177

South Carolina case180, 189, 190, 191

 0309 305

Evarts, William M., counsel--

interlocutory remarks by, on the--

Florida case3, 17, 18, 19, 21, 22, 25, 26, 28, 37, 38, 39, 55

Louisiana case57, 59, 71, 76, 80, 84, 85, 86, 87, 92, 93, 98, 103, 116, 117, 118

Oregon case149, 165, 166, 167, 177

arguments by, on the--

Florida case29, 49

Louisiana case103

Oregon case169

F.

Ferry, T. W., President of the Senate--

communication by, on the--

Florida case2, 273

Louisiana case57, 277

Oregon case119, 280

South Carolina case180, 284

communication from, announcing the appointment of Hon. Francis Kernan to fill the vacancy in the Commission created by the inability of Hon. Allen G. Thurman to perform the duties required by the act of Congress establishing the said Commission179, 283

Field, David Dudley, an objector on the part of the House--

interlocutory remarks by, on the--

Florida case3, 4, 10, 13

Louisiana case57

arguments by, on the Florida case4, 17

Field, Stephen J., an Associate Justice of the Supreme Court, member of the Commission--

act of Congress appointing1

sworn and certificate of oath filed2, 273

motions made by--

to adjourn57, 277, 278

that the certificates in the case of Louisiana, and papers accompanying the same, and the objections thereto, be printed57

orders submitted by--

that the injunction of secrecy be removed from the proceedings of the Commission118, 279

that the certificates, with accompanying papers, and the objections thereto in the matter of the electoral vote of the State of Louisiana, be printed277

resolutions offered by--

that in the opinion of the Commission evidence is admissible upon the several matters which counsel for the objectors to Certificates Nos. 1 and 3 offered to prove. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 279

that whereas at the election held on the 7th of November, 1876, in the State of Oregon, for electors of President and Vice-President, W. H. Odell, J. W. Watts, and John C. Cartwright received the highest number of votes cast for electors, but the said Watts then holding an office of trust and profit under the United States, was ineligible to the office of elector: therefore, Resolved That the said Odell and Cartwright were the only persons duly elected at said election, and there was a failure on the part of the State to appoint a third elector. Offered as a substitute for a resolution offered by Mr. Commissioner Edmunds178, 282

that whereas the legislature of Oregon has made no provision for the appointment of an elector under the act of Congress where there was a failure to make a choice on the day prescribed by law: therefore, Resolved, That the attempted election of a third elector by the two persons chosen was imperative and void. Offered as a substitute for a resolution offered by Mr. Commissioner Edmunds178, 282

that the evidence is admissible to show that prior to and during the election on the 7th day of November, 1876, in the State of South Carolina, there were unlawfully stationed in various parts of the State at or near the polling-places detachments of troops of the Army of the United States, by whose presence and interference qualified voters of the State were deprived of the right of suffrage, and a free choice by the people of presidential electors was prevented: Resolved, That evidence is admissible to show that at the election on the 7th day of November, 1876, in South Carolina, there were stationed at the several polling-places in the State deputy marshals of the United States exceeding one thousand in number, by whose unlawful action and interference, under orders from the Department of Justice, qualified voters of the State were deprived of the right of suffrage, and a free choice by the people of presidential electors was presented. Offered as a substitute for a resolution offered by Mr. Commissioner Morton192, 284

that whereas J. W. Watts, designated in Certificate No. 1 as an elector of the State of Oregon for President and Vice-President, on the day of election, namely, the 7th of November 1876, held an office of trust and profit under the United States: therefore, Resolved, That the said J. W. Watts was the ineligible to the office of elector within the express terms of the constitution. Offered as a substitute for a resolution offered by Mr. Commissioner Edmunds178, 282

interlocutory remarks and questions by, on the--

business of the Commission57, 72, 77

Florida case3, 21

Louisiana case57

arguments by, in the consultation on the--

Florida case245

Oregon case249

Florida, the case of--

submitted to the Electoral Commission2

decision on, by the Electoral Commission56, 57

certificates and objections referred to the Electoral Commission in287, 292

Frelinghuysen, Frederick T., a Senator from New Jersey, member of the Commission--

appointed by the Senate2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn2, 273, 275

that Commissioners Miller, Hoar, and Bradley be the committee appointed to prepare the report of the Commission in the Louisiana case118, 279

order submitted by, that at eleven o'clock a. m., the hour designated by the order of the 5th instant requiring an open session, the doors be considered as open, and the Commission at once adjourn the same for deliberation37, 275

resolution offered by, that Theodore R. Barker, S. McGowan, James W. Harrington, John Isaac Ingram, William Wallace, John B. Erwin, and Robert Aldrich, the persons named as 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 counted192, 284

interlocutory remarks and question by, on the--

business of the Commission4, 181

Louisiana case85, 107

Oregon case134

argument by, and opinion of, in consultation203

G.

Garfield, James A., a Representative from Ohio, member of the Commission--

appointed by the House2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn119, 179, 193, 274, 280, 281, 283, 285

to take a recess119, 278, 280

that the committee on rules be directed to report rules to regulate the order of business of the Commission2, 273

that the motion of Mr. Commissioner Abbott be amended by striking out "six" and inserting "four."71, 277

that Commissioners Edmunds, Bradley, and Miller be the committee appointed to prepare the report of the Commission in the Louisiana case118, 279

that counsel in the case of Oregon be granted ten minutes more in view of interruptions177

that the public session of the commission be closed, and that they go into consultation177

resolutions offered by--

that the four persons, to wit, Frederick C. Humphreys, Charles H. Pearce, William A. Holden, and Thomas W. Long were duly appointed electors of President and Vice-President of the State of Florida, and that the votes cast by the aforesaid four persons are the votes provided for by the Constitution of the United States56, 276

that Mr. Edmunds, Mr. Bradley, and Mr. Miller be appointed a committee to draft a report of the action of the Commission, as required by law56, 276

interlocutory remarks and question by, on the--

business of the Commission56, 103, 118, 141, 166, 177, 181

Florida case3, 12, 20, 53

Louisiana case57, 59, 73, 76, 77, 86, 87, 95, 106

Oregon case124, 132, 151, 155, 164, 165, 166, 177

South Carolina case188

arguments by, in the consultations on the--

Florida case240

Louisiana case242

 0310 306

Gorham, George C., Secretary of the Senate--

communications from the two Houses in joint session presented by2, 57, 119, 180, 273, 277, 280, 284

Green, Ashbel, counsel--

interlocutory remarks by, on the--

Florida case38, 55

Oregon case168

argument by, on the Florida case43

H.

Hoadley, George, counsel--

interlocutory remarks by, on the--

Florida case39

Louisiana case116

Oregon case141, 142, 149, 150, 151, 173

arguments by, on the--

Florida case40

Oregon case151

Hoar, George F., a Representative from Massachusetts, member of the Commission--

appointed by the House2, 273

sworn and certificate of oath filed2, 273

motions made by--

to take a recess57, 118, 179, 276, 279, 283

that the President of the Commission be requested, on consultation with Commissioners Edmunds and Payne, to nominate officers to the Commission2, 273

that the secretary have printed for the use of the Commission such laws as may be directed by the President of the Commission4, 274

that counsel be now heard for two hours on each side upon the effect of the matters laid before the two Houses by the President of the Senate and of the offer of testimony made by Mr. O'Conor and objected to by Mr. Evarts20

that the Commission go into consultation118

that counsel be permitted to offer proof in the case of Oregon before the question of an extension of time is decided150

that in arguing the question of admissibility of evidence, counsel be permitted to take, in addition to the fifteen minutes allowed by the rule, as much of the time remaining to them as they see fit151

that the vote on the question of the admission of testimony in the case of Louisiana be taken at four o'clock p.m. on Friday February 16, 1877278

that the doors be opened279

that the doors be closed279

orders submitted by--

that no action be taken by the committee referred to in the resolution of Mr. Commissioner Edmunds until the next meeting of the Commission for consultation4, 274

that the proceedings of the session of Wednesday, February 7, 1877, as entered in the Journal, be read by the Secretary at the public session of the Commission on the following day38, 275

that the evidence offered in the case of Louisiana be not received117, 278

that the Commission now proceed to the house of Mr. Commissioner Thurman, there to go on with the case now before it178, 282

that the President appoint a temporary clerk until the committee on rules report273

that the proceedings of the Commission, until otherwise directed, be considered confidential, except as to the fact of organization273

that counsel be now heard for two hours on each side upon the effect of the matters laid before the two Houses by the President of the Senate, and of the offer of testimony made by the Mr. O'Conor and objected to by Mr. Evarts. Submitted as a substitute for an order of Mr. Commissioner Miller274

that the President of the Commission be directed to inspect the Journal of each day's proceedings276

that the Secretary notify counsel to be present at four o'clock and fifteen minutes p.m. Friday, February 16, 1876, to proceed under the direction of the Commission278

resolutions offered by--

that the President appoint a temporary clerk until the committee on rules report2

that the proceedings of the Commission, until otherwise ordered, be considered confidential, except as to the fact of the organization2

that Senators Bayard and Frelinghuysen be a committee to call at once on Mr. Commissioner Thurman to learn if he will consent that the Commission adjourn to his house for the purpose of receiving his vote on the question relating to Oregon178, 282

interlocutory remarks and questions by, on the--

business of the Commission71, 77, 118, 141

Florida case9, 19, 21, 37, 50, 53

Louisiana case67, 68, 73, 75, 76, 86, 91, 96, 98, 102, 115, 118

Oregon case122, 131, 149, 150, 151, 157, 158, 175, 176

South Carolina case180, 181, 185

arguments by, in the consultations on the Florida case239

Howard, George A., an assistant secretary of the Commission--

appointed on motion of President Clifford2, 273

Howe, Timothy O., an objector on the part of the Senate--

argument by, on the Louisiana case68

Humphreys, Frederick C., a witness--

examination of, in the Florida case39, 275

Hunton, Eppa, a Representative from Virginia, member of the Commission--

appointed by the House2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn178, 181, 274, 278, 281, 284

to take a recess278

that the papers referred to the Commission in the case of South Carolina be printed180, 284

that a stenographer be allowed to attend the secret sessions of the Commission278

resolutions offered by--

that the electors named in Certificate No. 2, to wit, Wilkinson Call, J. E. Yonge, Robert Bullock, and Robert B. Hilton, are the four persons who were duly appointed electors by the State of Florida on the 7th day of November, 1876, and that their votes as certified in such certificate are the votes provided for by the Constitution of the United States. Offered as a substitute for the resolution of Mr. Commissioner Edmunds56, 276

that evidence be received to prove that the votes cast and given at said election on the 7th of November last for the election of electors as shown by the returns made by the commissioners of elections from the several polls or voting-places in said State have never been compiled or canvassed, and that the said returning board never even pretended to compile or canvass the returns made by said commissioners of election, but that the said returning board only pretended to canvass the returns made by said supervisors. Offered as a substitute for an order submitted by Mr. Commissioner Hoar117, 279

that the votes purporting to be the electoral votes of the State of Louisiana be not counted. Offered as an amendment to a resolution offered by Mr. Commissioner Morton118, 279

that the resolution of Mr. Commissioner Morton be amended by striking out the name of John W. Watts178, 282

interlocutory remarks and questions by, on the--

business of the Commission141, 181

Florida case21

Louisiana case61, 92, 96

South Carolina case180, 187, 188

arguments by, in the consultations on the--

Florida case222

Louisiana case225

Oregon case230

South Carolina case231

Hurd, Frank H., an objector on the part of the House--

interlocutory remarks by, on the South Carolina case180

argument by, on the South Carolina case181

Hurlburt, Stephen A., an objector on the part of the House--

argument by, on the Louisiana case65

J.

Jenks, George A., an objector on the part of the House--

interlocutory remarks by, on the Louisiana case61

arguments by, on the--

Louisiana case61

Oregon case126

Jones, Charles W., an objector on the part of the Senate3

Journal of the Commission read and approved2, 4, 17, 29, 37, 38, 56, 57, 77, 103, 117, 119, 160, 178, 179, 193, 273, 274, 275, 276, 277, 278, 280, 281, 283, 284, 285

K.

Kasson, John A., an objector on the part of the House--

interlocutory remarks by, on the Florida case4, 6, 10, 16

argument by, on the Florida case10

Kelly, James K., an objector on the part of the Senate--

interlocutory remarks by, on the Oregon case122

argument by, on the Oregon case122

 0311 307

Kernan, Francis, a Senator from New York, member of the Commission--

appointed by the Senate to fill the vacancy in the Commission created by the inability of Hon. Allen G. Thurman179

sworn and certificate of oath filed180

L.

Lawrence, William, an objector on the part of the House--

interlocutory remarks by, on the--

Oregon case124, 129, 153, 157

South Carolina case180

arguments by, on the--

Oregon case141

South Carolina case185

Louisiana, the case of--

submitted to the Electoral Commission57

decision on, by the Electoral Commission118, 119

certificates and objections referred to the Electoral Commission in292-295

M.

Matthews, Stanley, counsel--

interlocutory remarks by, on the--

Louisiana case108

Oregon case151, 153, 157

South Carolina case181, 188

arguments by, on the--

Florida case26

Oregon case160

McCrary, George W., an objector on the part of the House--

argument by, on the Florida case14

McDonald, Joseph E., an objector on the part of the Senate--

interlocutory remarks by, on the Louisiana case57, 58

argument by, on the Louisiana case58

McGrew, J. M., sixth auditor of the Treasury, a witness--

examination of, in the Oregon case168, 169, 281

McKenney, James H., Secretary of the Commission--

appointed, on motion of President Clifford2, 273

Merrick, Richard T., counsel--

interlocutory remarks by, on the--

Florida case17, 25, 26, 37, 38, 39, 40

Louisiana case92, 116, 117

Oregon case124, 144, 150, 165, 166

arguments by, on the--

Florida case22, 52

Oregon case173

Miller, Samuel F., an Associate Justice of the Supreme Court, member of the Commission--

act of Congress appointing1

sworn and certificate of oath filed2, 273

motions made by--

to adjourn38, 275

to take a recess10, 118, 279, 283

that the objections to certificates in the Florida case be heard as one objection to each set of electors, and be argued together4

that the objectors to the second certificate in the Florida case have until three o'clock to present their statement10, 274

that counsel be allowed two hours on each side to discuss the question whether any evidence will be considered by the Commission that was not submitted to the two Houses by the President of the Senate; and, if so, what evidence can properly be considered; and also, the question, what is the evidence now before the Commission20

that Commissioners Strong, Frelinghuysen, and Bradley be a committee to draught a report, as required by law, of the action of the Commission in the Louisiana case118, 279

that a further reading of the certificates in the case of South Carolina be dispensed with284

orders submitted by--

that no evidence will be received or considered by the Commission which was not submitted to the joint convention of the two HOuses by the President of the Senate with the different certificates, except such as relates to the eligibility of F. C. Humphreys, one of the electors37, 275

that the decision and report submited by the committee appointed to prepare it, be adopted as the decision of the Commission on the matters submitted to it touching the electoral votes of the State of Louisiana118, 279

that the President inform the Senate by letter that the Commission has considered and decided upon the matters submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of Louisiana, and transmit the same119, 280

that the President inform the House of Representatives by letter that the Commission has considered and decided upon the matters submited to it, under the act of Congress concerning the same, touching the electoral votes from the State of Louisiana, and has transmitted said decision to the President of the Senate, and transmit the same119, 280

that the decision and report submitted by the committee appointed to prepare it, be adopted as the decision of the commission on the matters submitted to it touching the electoral vote of the State of South Carolina192, 285

that the President inform the Senate by letter that the Commission has considered and decided upon the matters submitted to it, under the act of Congress concerning the same, touching the electoral votes from the State of South Carolina, and transmit the same192, 285

that the President inform the House of Representatives by letter that the Commission has considered and decided upon the matters submitted to it, under the act of Congress concerning the same, touching the electoral votes form the State of South Carolina, and has transmitted said decision to the President of the Senate193, 285

that the injunction of secrecy imposed on the acts and proceedings of the Commission be removed193, 285

that 450 copies of the Record (after all the proceedings, including the arguments of hte commissioners, shall have been published) shall be bound with an index, under the care of the Secretary and his assistants, and distributed equally among the members of the Commission193, 285

that the objections to certificates in the Florida case be heard as one objection to each set of electors, and be argued together274

that counsel be allowed two hours on each side to discuss the question whether any evidence will be considered by the commission that was not submitted to the two Houses by the President of the Senate, and if so, what evidence can properly be considered; and also the question, what is the evidence now before the Commission274

interlocutory remarks and questions by, on the--

business of the Commission10, 57, 58, 77, 118, 166

Florida case2, 10, 17, 19, 20, 21, 39, 40, 53

Louisiana case85, 87, 90

Oregon case119, 126, 151, 154, 157, 165, 166, 176

South Carolina case181, 185

arguments by, in the consultations on the--

Florida case255

Oregon case258

Mitchell, John H., an objector on the part of the Senate--

interlocutory remarks by, on the Oregon case122, 125, 126, 128

argument by, on the Oregon case130

Morse, Alexander Porter, counsel122

Morton, Oliver P., a Senator from Indiana, member of the Commission--

appointed by the Senate2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn37, 57, 275, 277

that the motion of Mr. Commissioner Hoar be amended so as to include the printing of the election laws of the the States of Florida, Louisiana, Oregon, and South Carolina4, 274

that the doors be closed56

that a committee of three members of the Commission be appointed to prepare the report in the Louisiana case, and that an intermission be taken of one hour for that purpose118, 279

that the motion of Mr. Commissioner Edmunds be devided281

orders submitted by--

that the injunction of secrecy imposed on the acts and proceedings of the Commission be removed179, 283

that the time heretofore allowed for the filing of opinions by members of the Commission be extended until the close of the month of March193, 285

that all orders and substitutes acted on by the Commission in deliberation Friday, February 16, 1877, be read279

resolutions offered by--

that the persons named as electors in Certificate no. 1 were the lawful electors of the State of Louisiana, and tha their votes are the votes provided by the Contitution of the United States, and should be counted for President and Vice-President118, 279

that W. H. Odell, John C. Cartwright, and John W. Watts, the persons named as alectors in Certificate No. 1 were the lawful electors of the State of Oregon, and that their votes are the votes provided for by the constitution of the United States, and should be counted for President and Vice-President of the United States178, 282

0312 308

resolutions offered by--

that it is not competent for the two Houses, assembled for the purpose of counting the votes for President and Vice-President, to inquire by evidence whether a State regularly represented in the two House of Congress, and recognized as a State of the United States by the other departments of the Government, has a government republican in form. Resolved, That while the existence of public disturbance and anarchy in any State to such an extent as to make it impossible for the State to exercise its right to appoint electors of President and Vice-President, and to express its will in that behalf, is sufficient cause for rejecting any electoral votes purporting to be the votes of electors appointed thereby, yet, that when a State is regularly represented as a State in the Congress of the United States, and is recognized as a State by the other departments of the Government, and has a government republican in form, and and does appoint electors in the manner prescribed by the Legislature thereof, evidence cannot be received by the two House of Congress assembled to count the votes for President and Vice-President as aforesaid to show that disturbances existed at the time of election which may have interfered, to a greater or less extent, with the freedom of election at the polls in the State. Resolved, That it is not competent for the two Houses of Congress when assembled to count the votes for President and Vice-President by taking evidence to inquire into the regularity of the action of the President of the United States in sending a military force into any State for the preservation of order or the suppression of insurrection and domestic violence in order by such proof to lay a ground for rejecting the electoral vote of said State. Resolved, That in view of the propositions contained in the foregoing resolutions the evidence offered to show the the State of South Carolina at the late election did not have a republican form of government and the evidence offered on the subject of disorder and violence and the presence of troops in the said State during the election is not competent, but that notwithstanding the offer of such evidence the electoral votes of South Carolina ought to be received and counted if not objectionable on the grounds. Resolved, That the other objections to Certificate No.1 show no valid cause for rejecting the same192, 284

that C.C. Bowen, J. Winsmith, Thomas B. Johnston, Timothy Hurley, W.B. Nash, Wilson Cook, and W. F. Myers, the persons named as electors in Certificate No. 1, 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 the President and Vice-President of the United States 192, 284

that the thanks of this Commission are due to Commissioner Clifford for the ability, impartiality and urbanity with which he has presided over its deliberations193, 285

interlocutory remarks and questions by, on the--

business of the Commission56, 57, 118, 150

Florida case8

Louisiana case59, 60, 86, 89, 90, 91, 92, 95, 97, 107

Oregon case129, 164, 165

arguments by, in the consultations on the--

Florida case195

Louisiana case197

Oregon case198

South Carolina case200

Murphy, D.F., Stenographer of the Commission--

appointed, on motion of President Clifford2, 273

O.

O'Conor, Charles, counsel--

interlocutory remarks by, on the Florida Case17, 21, 30, 37

arguments by, on the Florida case18, 33

Officers of the Electoral Commision, selection of the2, 273

Oregon, the case of--

submitted to the Commission119

decision on, by the Electoral Commission178, 179

certificates and objections referred to the Electoral Commission in295, 298

P.

Payne, Henry B., a Representative from Ohio, member of the Commission--

appointed by the House2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn55, 77, 193, 274, 275, 278, 285

that the three certificates in the case of Florida be printed, and the objections thereto2

that the time consumed by interruptions of the Commission be not counted92

that the time be extended to counsel on each side for one hour on the general question118, 279

to strike out the word "not" in an order submitted by Mr. Commissioner Hoar118, 279

order submitted by, that the certificates purporting to be the electoral vote of the State of Florida, and accompanying papers, together with the objections thereto, be printed274

interlocutory remarks and questions by, on the--

business of the Commission77, 86, 118, 141

Florida case2

Louisiana case71, 85, 98

South Carolina case180

R.

Raney, George P., a witness--

examination of, in the Florida case38, 275

Reardon, William H. Marshall of the Commission--

appointed, on motion of President Clifford2, 273

Rules of the Commission considered, amended, and adopted2, 273

S.

Sargent, Aaron A., an objector on the part of the Senate--

interlocutory remarks by, on the--

Florida case3

Oregon case122

Seely, Albert S., a deputy marshal of the Commisssion--

appointed on motion of President Clifford2, 273

Senate Chamber, the, use of, tendered to the Electoral Commission110, 278

occupied by the Electoral Commission151, 281

Sessions of the Electoral Commission, on the--

Florida Case--

Wednesday, January 31, 18771

Thursday, February 1, 18772

Friday, February 2, 18774

Saturday, February 3, 187717

Monday, February 5, 187729

Tuesday, February 6, 187737

Wednesday, February 7, 187737

Thursday, February 8, 187738

Friday, February 9, 187756

Saturday, February 10, 187757

Louisiana case--

Monday, February 12, 187757

Tuesday, February 13, 187757

Wednesday, February 14, 187777

Thursday, February 15, 1877103

Friday, February 16, 1877117

Saturday, February 17, 1877119

Monday, February 19, 1877119

Tuesday, February 20119

Oregon case--

Wednesday, February 21, 1877119

Thursday, February 22, 1877160

Friday, February 23, 1877178

Saturday, February 24, 1877179

South Carolina case--

Monday, February 26, 1877179

Tuesday, February 27, 1877181

Friday, March 2, 1877 193193

Shellabarger, Samuel, counsel--

interlocutory remarks by, on the--

Florida case10

Louisiana case91

South Carolina case190

arguments by, on the,--

Florida case46

Louisiana case97

Sherman, John, an objector on the part of the Senate3

South Carolina, the case of--

submitted to the Electoral Commission180

decision of, by the Electoral Commission192

certificates and objections referred to the Electoral Commission in298, 299

Stoughton, E.W., counsel--

interlocutory remarks by, on the Florida case39, 40

arguments by, on the--

Florida case28

Louisiana case93

 0313 309

Strong, William, an Associate Justice of the Supreme Court, member of the Commission--

act of Congress appointing1

sworn and certificate of oath filed2, 273

motions made by--

to adjourn4, 29, 119, 274, 280

to take a recess72, 178, 277, 282, 283

that general debate on the question pending be closed on or before six o'clock p.m.56

that counsel be allowed two hours on a side for the argument of the question of admissibility of the evidence offered and objections thereto84, 277

that the evidence specified in the first offer of the objectors to Certificate No. 1 in the case of Oregon be now received, subject to its legal effect, and any evidence on the same point that may be offered on the other side, upon the same condition165

that the vote be taken on the question pending in the case of South Carolina at five o'clock and twenty minutes p.m.192, 284

orders submitted by--

that the members of the Commission be at liberty to reduce to writing the remarks made by them during the consultations of the Commission, and cause them to be published in the printed proceedings on or before the 15th day of March next193, 285

that on the question of the admission of evidence the argument be opened by two and concluded by one counsel on each side274

that debate on the question pending in the Florida case be closed on or before six o'clock p.m. Friday, February 9, 1877275

that the evidence described in offer No. 1 be now received, subject to the opinion of the Commission as to its legal effect; and that evidence in rebuttal or in explanation thereof be also now received, subject also to a consideration of its legal effect281

interlocutory remarks and questions by, on the--

business of the Commission77, 192

Florida case4, 10, 19, 25, 40

Louisiana case68, 80, 81, 84, 86, 99, 114, 118

Oregon case128, 141, 165

arguments by, in the consultations on the--

Florida case251

Oregon case254

Supreme Court Room at the Capitol, the Electoral Commission me in the1, 273

T.

Taliaferro, J. C., a deputy marshal of the Commission--

appointed, on motion of President Clifford2, 273

Thompson, Charles P., an objector on the part of the House3

Thurman, Allen G., a Senator from Ohio, member of the Commission--

appointed by the Senate2, 273

sworn and certificate of oath filed2, 273

motions made by--

to adjourn37, 103, 274, 277, 278

to take a recess56, 110, 166, 177, 275, 278, 281

that the motion of Mr. Commissioner Strong be amended by striking out "two" and inserting "three"86, 277

order submitted by, that the Secretary of the Commission is directed to furnish immediately to counsel, on both sides, copies of orders made to-day, and to notify them that the Commission will be ready at eleven a. m. to-morrow to proceed with the case now before them38, 275

resolutions offered by--

that a committee of two Justices, two Senators, and two Representatives be appointed to consider and propose such rules of proceeding and officers and employes as may be proper for the Commission, the committee to be appointed by the President2, 273

that F. C. Humphryes was not a United States shipping commissioner on the 7th day of November, 187656, 275

that inasmuch as the votes of the people o louisiana for electors of President and Vice-President in November last have never been legally canvassed and declared, therefore the votes purporting to be votes of electors of that State for President and Vice-President can be regarded as chosen in that State. Offered as a substitute for a resolution offered by Mr. Commissioner Morton118, 279

interlocutory remarks and questions by, on the--

business of the Commission4, 72, 141, 149, 166, 177

Florida case3, 14, 15, 17, 19, 21, 40, 47, 54, 55, 103,

Louisiana case59, 60, 63, 64, 75, 85, 86, 89, 91, 92, 95, 99, 100, 105, 106, 108, 109, 110, 113, 115, 118

Oregon case126, 144, 150, 153, 164, 165, 176

letter from, announcing his inability to attend the sessions of the Commmission, and asking that the vacancy caused by his absence may be filled as provided by law179

arguments by, in the consultations on the--

Florida case200

Louisiana case201

Trumbull, Lyman, counsel--

interlocutory remarks by, on the Louisiana case57, 61, 80, 93, 117

argument by, on the Louisiana case80, 87

Tucker, J. Randolph, an objector on the part of the House--

interlocutory remarks by, on the Florida case4

argument by, on the Florida case8

Tyner, James N., Postmaster-General, a witness--

examination of, in the Oregon case166-168, 281

W.

Watts, John W., a witness--

examination of, in the Oregon case268, 281

Whitney, William C., counsel17

Witnesses, examination of--

Humphreys, F. C., (in the Florida case,)39, 275

McGrew, J. N., (in the Oregon case,)168, 169, 281

Raney, George P., (in the Florida case,)38, 275

Tyner, James N., (in the Oregon case)166-168, 281

Watts, John W., (in the Oregon case)168, 281

Yonge, James E., (in the Florida case)38, 39, 275

Woodburn, William, an objector on the part of the House3

Y.

Yeas and nays37, 38, 56, 57, 103, 117, 118, 178, 179, 192, 193, 275, 276, 277, 278, 279, 282, 283, 284, 285

Yonge, James E., a witness--

examination of, in the Florida case38, 39, 275