as such, who holds an office of trust or profit under the United States at the time of the election or appointment. 2. That the office of shipping-commissioner is an office of trust and profit under the United States. 3. That Frederick C. Humphreys was legally appointed to that office. 4. That the evidence introduced fails to show a complete legal resignation of the office by the incumbent before the 7th of November, 1876. 5. That if he had performed official acts after the date of the correspondence between him and the judge of the circuit court, his acts would have been legal. 6. That if the incumbent had subseqently decided, with the consent of the judge, to retain the office, he might have done so without a new appointment, because his letter to the judge had never been filed. 7. That inasmuch as the evidence shows that both the judge and the incumbent regarded the resignation as complete, and it appears that the incumbent never did perform any subsequent official act, I am of the opinion that, in an equitable view, the person named ought to be regarded as having been eligible as an elector on the day when the election was held. Other members of the Commission discussed the whole case in view of the papers submitted to the Commission by the President of the Senate, but Mr. Justice CLIFFORD, believing that discussion would be unavail ing and useless, took no further part in the debate. Commissioner Hunton moved an order to the effect that the Tilden electors were duly appointed by the State, and their votes as certified in certificate No. 2 are the votes provided for by the Constitution. Rejected-yeas 7, nays 8. When that result was announced, Commissioner Garfield moved that the Hayes electors were duly appointed and that the votes cast by them are the votes provided for by the Constitution; also, that Commissioner Edmunds, Mr. Justice Bradley, and Mr. Justice Miller be appointed a committee to draught a report of the action of the Commission, as required by law. Adopted-yeas 8, nays 7. None of the subsequent proceedings in the case need be reproduced, as they are given in full in the Congressional Record. Like submissions were made to the Commission in the cases of Louisiana, Oregon, and South Carolina, the proceedings in which cases are also published in the same Record, but Mr. Justice CLIFFORD did not participate in those discussions, having become thoroughly convinced hat nothing he could say would be of any public benefit. t INDEX TO ELECTORAL COUNT OF 1877. A. Page. Abbott, Josiah G., a Representative from Massachusetts, member of the Com- that the papers accompanying the objections in the case of Florida be 30 that Mr. Jenks have a full hour for argument.... 231 that the time for discussion be extended to six hours on a side.. 262 464 that each Commissioner have leave until March 10, proximo, in which to orders submitted by- that the injunction of secrecy imposed on the action had Friday, February that the injunction of secrecy imposed on all former consultations of the that the vote in the matter now pending in the case of Oregon be taken resolutions offered by- that evidence is admissible that the statements and affidavits purporting 453 139 193 423 637 416 417 417 117 417 Act of Congress under which the Electoral Commission was organized. Adjournment of the Electoral Commission 932 939 941 945 4,5 424 .. 8, 33, 74, 113, 137, 138, 139, 194, 198, 202, 218, 284, 372, 415, 423, 425, 453, 581, 637, 653, 666, 704, 728 electoral votes of, counted.... Allison, William B., a Senator from Iowa- Anthony, Henry B., a Senator from Rhode Island- 10 444 057 10 705 501,510 532 2-9 532 484,546, 910 472,473 534 Arthur 18. Franklin, 16 Ohio, new series, 193. Attorneys-General, Opinions of, volumes 2, 14. Badger and others vs. The United States on the relation of Bolton... Baird rs. The Bank of Washington, 11 Sergeant & Rawles... Bank of Hamilton vs. Dudley, 2 Peters, 492....... Barnes vs. Adams, 2 Bartlett, 760..... Barnewall & Cresswell, 6, 12... Bartley vs. Fletcher, 39 Mo. Reports, 388, 399.. Batman vs. Magowan, 1 Metcalfe's Kentucky Reports, 533. Battle vs. Howard, 13 Texas, 345.... Battle vs. McIver, 68 N. C. Reports, 469.... Bean rs. Thompson, 19 N. H., 115.. Black, 2, page 599. Blacket vs. Blizard Blackstone's Commentaries, 261... Bleecker vs. Bond, 3 Wash. C. C. Reports, 531.... Bloom vs. Burdick, 1 Hill, 330..... Bonner vs. Lynch, 25 Louisiana Annual Reports, 268 Bouvier's Law Dictionary, title Quorum... Bradley vs. Fisher, 13 Wallace, 348... Bridge Proprietors vs. Hoboken Company, 2 Wallace, 116.. 276 146, 543 146 .386, 512, 548, 596 967 543 147,361 568, 629 313 682 2-9 361 5-3 1007 533, 545, 5346 Chief-Justice Parsons, 5 Mass., 533. 413 289 50 163, 684 534 542 406 276 539,595 568 Chitty's Pleading.... Christy vs. Pridgeon, 4 Wallace.. Church, Chief-Justice, opinion of Clark vs. Buchanan, 2 Minnesota, 346. Clarke on Election Contests, page 156.. Colchester, Peckwell I, 503-507 Collin vs. Knoblock, 25 Louisiana, 263, 265. 97 977 847 1001 547, 682, 928 502 541 682 682 250, 364 68 363,546, 562 272 Commonwealth vs. Jones, 10 Bush, Kentucky Reports, 726. 539 Commonwealth vs. Leech, 44 Penn. Reports, 332.. 364 Commonwealth vs. Smith, 45 Penn. Reports, 59. 164 Commonwealth ex rel. Broom vs. Hanley, 9 Penn. Reports, 513. Constitution of the United States, the..65, 92, 160, 183, 186, 268, 288, 467, 468, 488, 490, Ducher's Reports, N. J., page 355.. Easton vs. Scott, C. and H., 267, 272.. Elliott's Debates, page 101.. Elmdorf vs. Taylor, 10 Wheaton, 159.. Furman vs. Clute, 50 N. Y. Reports.... 563 99 682 169 967 159 272 684 365 541 996 1012 152, 578 |