The PRESIDING OFFICER. Are there further objections to the decision of the Commission? Mr. Senator WALLACE. I offer the objection which I send to the desk, signed by Senators and Representatives. The PRESIDING OFFICER. The objection will be read by the Secretary of the Senate. The Secretary of the Senate read as follows: The undersigned, Senators and members of the House of Representatives, object to the decision of the Electoral Commission as to the electoral votes of the State of Louisiana, because First. The said decision was made in violation of the law under which said Commission acts, in this, that by said act the said Commission is required to decide whether any and what votes from such State are the votes provided for by the Constitution of the United States, and how many and what persons were duly appointed electors in said State; yet said Commission refused to examine and ascertain who were duly appointed electors in and by the State of Louisiana, and what votes from such State are within the provisions of the Constitution of the United States. Second. Because the act creating said Commission was passed to the end that the Commission would hear and examine evidence and honestly decide which electors in any disputed State were fairly and legally chosen; whereas the said Commission refused to hear and consider evidence offered to show that the electors whose votes the said Commission has decided shall be counted were not duly chosen, but falsely and fraudulently acted as such electors, as well as the evidence offered to show that the pretended certificates of election of said electors were produced by corruption and were wholly untrue. Third. Because the said decision is in disregard of truth, justice, and law, and establishes the demoralizing and ominous doctrine that fraud, forgery, bribery, and perjury can lawfully be used as a means to make a President of the United States against the well-known or easily ascertained will of the people and of the States. LIBRARY CNIVERSITY OF CALIFORNIA. JNO. W. JOHNSTON, Senators. JAMES H. HOPKINS, Representatives. The PRESIDING OFFICER. Are there further objections to the decision of the Commission? Mr. Representative COCHRANE. I desire to offer a further objection to the decision. The PRESIDING OFFICER. The Clerk of the House will read the objection. The Clerk of the House read as follows: The undersigned, Senators and Representatives, do object to the counting of the votes as recommended by eight members of the Joint Commission, and do protest against counting the electoral vote of the State of Louisiana, for the reasons following, to wit: First. It was not denied before the Commission that the Tilden electors received a large majority of the votes cast. Second. It was not denied before the Commission that Wells and his associates, who style themselves a returning-board, were guilty of gross fraud; that their certificate given to the Hayes electors was false and fraudulent; and that their action in canvassing the votes was in violation of the constitution and laws of the State of Louisiana. Third. The action of the eight members of said joint commission in declining to hear evidence of the above and other facts was a violation of the letter and spirit of the act under which said Commission was created and of the spirit of the Constitution of the United States. The PRESIDING OFFICER. Are there further objections to the decision of the Commission? [A pause.] There are none. Objec tions to the decision of the Commission having been submitted and read, the Senate will now withdraw to its chamber, that the two Houses separately may consider and decide upon the objections. Accordingly (at twelve o'clock and fifty-three minutes p. m.) the Senate withdrew. IN SENATE, Monday, February 19, 1877. The Senate having returned to its chamber from the joint meeting at twelve o'clock and fifty-five minutes p. m., the President pro tempore took the chair and called the body to order. The decision of the Commission and the various objections thereto presented in joint meeting having been read, Mr. Senator SHERMAN submitted the following resolution; which (after debate and the rejection of an amendment proposed to it) was agreed to by a vote of yeas 41, nays 28, viz: Resolved, That the decision of the Commission upon the electoral vote of the State of Louisiana stand as the judgment of the Senate, the objections made thereto to the contrary notwithstanding. On motion of Mr. Senator HAMLIN, it was Ordered, That the Secretary notify the House of Representatives thereof, and that the Senate is now ready to receive the House to proceed with the count of the electoral votes for President and Vice-President. On motion of Mr. Senator WHYTE, (at three o'clock and thirty-five minutes p. m.,) it being stated that the House of Representatives had taken a recess, the Senate took a recess until Tuesday, February 20, at ten o'clock a. m. IN THE HOUSE OF REPRESENTATIVES, The Senate withdrew from the hall of the House at twelve o'clock and fifty-three minutes p. m., whereupon the House of Representatives was called to order by the Speaker and resumed its session. On motion of Mr. Representative WOOD, of New York, the House, (at one o'clock and twenty-five minutes p. m.,) by a vote of yeas 140, nays 130, took a recess until Tuesday, February 20, at ten o'clock a. m. IN SENATE, Tuesday, February 20, 1877. The Senate resumed its session at ten o'clock a. m., transacting no business; and at one o'clock and thirty minutes p. m. it was advised of the resolution of the House of Representatives on the decision of the Electoral Commission relative to the electoral vote of Louisiana, whereupon the Senate proceeded to the hall of the House of Representatives. IN THE HOUSE OF REPRESENTATIVES, Tuesday, February 20, 1877. The House of Representatives resumed its session at ten o'clock a. m. A quorum not being present, a call of the House was ordered, which resulted in securing the presence of a quorum. A message was received from the Senate announcing its action on the objections to the decision of the Electoral Commission relative to the electoral vote of Louisiana. Mr. Representative GIBSON submitted the following resolution; which, after debate, was agreed to by a vote of yeas 173, nays 99, viz: Ordered, That the votes purporting to be electoral votes for President and Vice-President which were given by William P. Kellogg, J. Henri Burch, Peter Joseph, Lionel A. Sheldon, Morris Marks, Aaron B. Levissee, Orlando H. Brewster, and Oscar Joffrion, claiming to be electors for the State of Louisiana, be not counted. It was further Ordered, That the Clerk inform the Senate of the action of this House, and that the House is now ready to meet the Senate in this hall to proceed with the counting of the electoral votes for President and Vice-President. JOINT MEETING. TUESDAY, February 20, 1877. At one o'clock and thirty-five minutes p. m. the Senate entered the hall of the House of Representatives, preceded by its Sergeant-at-Arms and headed by its President pro tempore and its Secretary, the members and officers of the House rising to receive them. The PRESIDENT pro tempore of the Senate took his seat as Presiding Officer of the joint meeting of the two Houses, the Speaker of the House occupying a chair upon his left. The PRESIDING OFFICER. The joint meeting of Congress for counting the electoral vote resumes its session. The two Houses acting separately have considered and decided upon the objections to the decision of the Commission upon the certificates from the State of Louisiana. The Secretary of the Senate will read the resolution of the Senate. The Secretary of the Senate read as follows: Resolved, That the decision of the Commission upon the electoral vote of the State of Louisiana stand as the judgment of the Senate, the objections made thereto to the contrary notwithstanding. The PRESIDING OFFICER. The Clerk of the House will now read the action of the House of Representatives. The Clerk of the House read as follows: Ordered, That the votes purporting to be electoral votes for President and Vice-Pres ident which were given by William P. Kellogg, J. Henri Burch, Peter Joseph, Lionel A. Sheldon, Morris Marks, Aaron B. Levissee, Orlando H. Brewster, and Oscar Joffrion, claiming to be electors for the State of Louisiana, be not counted. The PRESIDING OFFICER. The two Houses not concurring in a contrary opinion, the decision of the Commission stands, and the counting will now proceed in conformity therewith. The tellers will announce the vote of the State of Louisiana. Mr. Senator ALLISON, (one of the tellers.) The State of Louisiana casts 8 votes for Rutherford B. Hayes, of Ohio, for President, and 8 votes for William A. Wheeler, of New York, for Vice-President. UNDISPUTED STATES. The count then proceeded, the certificates from the States of— Maryland, casting 8 votes for Tilden and Hendricks; and being opened by the Presiding Officer and read by the tellers, and the votes thereof counted without objection. MICHIGAN. The PRESIDING OFFICER. The Chair hands to the tellers the certificate of the electoral vote of the State of Michigan, received by messenger, and the corresponding one received by mail. Mr. Senator ALLISON (one of the tellers) read the certificate in extenso. Mr. Representative TUCKER. I offer objections, signed by Senators and Representatives according to law, to the electoral vote of Daniel L. Crossman, of the State of Michigan, and also send up a duplicate. The PRESIDING OFFICER. The objection presented by the Representative from Virginia will be read by the Clerk of the House. The Clerk of the House of Representatives read as follows: The undersigned, Senators and Representatives, object to the vote of Daniel L. Crossman as an elector for the State of Michigan upon the grounds following, to wit: That a certain Benton Hanchett, of Saginaw, Michigan, was voted for and certified to have been elected and appointed an elector for the State of Michigan; that the said Benton Hanchett was on the 7th day of November, 1876, the day of the presidential election, and for a long period prior thereto had been, and up to and after the 6th day of December, 1876, the day on which the electors voted according to law, continued to be an officer of the United States, and held the office of United States commissioner under and by appointment of the United States court for Michigan, which was an office of trust and profit under the United States, and that as such officer he could not be constitutionally appointed an elector under the Constitution of the United States. And further, that by the laws of the State of Michigan there is power to fill vacancies in the office of electors under and by virtue of the following statute, and not otherwise: "The electors of President and Vice-President shall convene at the capital of the State on the first Wednesday of December; and if there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, neglect to attend, by the hour of twelve o'clock at noon of that day, or on account of any two of such electors having received an equal and the same number of votes, the electors present shall proceed to fill such vacancy by ballot and plurality of votes, and when all the electors shall appear or vacancies shall be filled as above provided, they shall proceed to perform the duties of such electors, as required by the Constitution and laws of the United States."-Compiled Laws of 1871; compiler's section, 115. And the undersigned further state that there was no vacancy in the office of elector for which said Hanchett was voted and to which he was not appointed by reason of the disqualification aforesaid; nor was any vacancy therein occasioned by the death, refusal to act, or neglect to attend of any elector at the hour of twelve o'clock at noon of the 6th day of December, 1876, nor on account of any two electors having an equal vote, nor in any manner provided for by the statute aforesaid. And the undersigned therefore object that the election of Daniel L. Crossman by the electors present at Lansing, the capital of Michigan, on the 6th day of December, 1876, was wholly without authority of law, and was void, and he was not appointed an elector in such manner as the legislature of Michigan directed. Wherefore they say that said Daniel L. Crossman was not a duly-appointed elector for the State of Michigan, and that his vote as an elector should not be counted. And the undersigned hereunto annex the evidence taken before the committee of the House of Representatives on the powers, privileges, and duties of the House, to sustain said objection. T. M. NORWOOD, Georgia; WILLIAM A. WALLACE, Pennsylvania; Question. Where is your residence ?-Answer. Saginaw, Michigan. Q. Were you a candidate for the position of presidential elector in Michigan at the late election?-A. I was. Q. On what ticket?-A. On the republican ticket. Q. Were you elected?-A. I was. Q. Did you vote in the college of electors?—A. I did not. Q. Were you present?-A. No, sir; I was not present. Q. Did you absent yourself?-A. I remained away; I did not attend. Q. For what reason did you remain away?-A. The facts are these: In the spring of 1863, when I was living at Owassee, in the county of Shiawasse, Michigan, some statements were made to me in reference to a man living in an adjoining town, who, I think, sold liquor and paid no taxes under the revenue law. The parties desired me to write to the district attorney, living in Detroit, in reference to the matter. I did so. I received a reply from the district attorney saying that he would have me appointed a commissioner by the United States court, and he inclosed to me instructions what to do in the case. About the same time that I received that, I received a letter from the clerk of the court saying that I had been appointed, and, I believe, inclosing the form of oath for me to take as commissioner, and, I believe, I took it and returned it to him. I have no recollection on the subject, but I suppose I did of course. I forwarded instructions to the district attorney in reference to the matter and issued a warrant for the man. He came in and paid it, the matter dropped, and there my services as commissioner ended, to the best of my recollection. It was not an office which I wanted to hold, but I performed that duty. In the fall of 1865 I went from that county to where I now reside, in Saginaw. The matter had entirely passed out of my mind. I have never acted since. Two or three days before the time appointed for the meeting of the electors, my attention was called to the subject in two ways. One was that some person spoke to me and said, "You are a United States commissioner," and the other was that I had noticed that an objection had been made to one of the electors in New Jersey on that ground. This called my mind to the circumstances which I have related to you, and in order to avoid any doubt that might arise on the subject, I determined not to meet with the electors and did not. Q. You were, then, duly appointed United States commissioner in 1863, and acted under the appointment by issuing a warrant against a party. Have you ever resigned it-A. No, sir, I never made any resignation. I declined to act, and that was all there was to it. Q. How did you decline to act ?-A. Some persons applied to me to do further duties as commissioner, and I stated that I would not act. Q. And you never resigned your position ?-A. I never resigned my position formally. Q. Then you failed to perform the duties of the office after the particular case mentioned ?-A. Yes, sir. Q. But you never resigned the position ?-A. I never resigned the position. Q. Do you know who was appointed in your place in the college of electors?—A. I know by hearsay. Q. Who was he?-A. Mr. Daniel L. Crossman, of Williamstown.. By Mr. LAWRENCE : Q. Did you resign the office of elector?-A. No, sir. |