The New York Herald Newspaper, February 17, 1877, Page 3

‘ 4 THE ELECTORAL ARBITERS , Deogsion of the Commission in the Louisiana Case. THE STATE 10 BE COUNTED FUR HAYES. No Investigation of Fraud, Ilegality or Ineligibility, A VOTE OF EIGHT TO SEVEN. The Grounds Upon Which the Decision Was Based. JUDGE BRADLEY'S PREPARED OPINION, Views of Commissioners as Given in Secret Session. THE FEELING OVER THE RESULT. ‘Democrats Depressed and Republicans Not f Entirely Satisfied, THE PROSPECTS IN THE OREGON CASE. — FROM OUR SPECIAL CORRESPONDENT, ‘Wasuincron, Feb, 16, 1877. ‘The passages near the Supreme Court room were Crowdedall the the afternoon by an anxious mass of republicans and democrats. Both sides were gloomy and apprehensive, but the republicans wero evidently tho most nervous and the least hopeful of good news, The commission were expected to open their doors at a quarter past four, but they gave no Sign until just at five o’clock, ‘and after the houses had adjourned, when Senator Morton's private secretary ran quickly to the tele- «graph office on the House side to write and send off a despatch, and, having done so, whispered a few words toa friend or two and disappoured. His frionds were zealous repubiicans and could not conceal their joy at the nows they had heard. One of them exclaimed in QD ecstacy of delight:— “The commission refuses to receive evidence Hurrah! Hayes is Prosident!”? and thus the news quickly spread. THE DOORS OPENED. A quarter of an hour later tho Supreme Court doora Opened io a few privileged persons, Senators, Repre- sentatives, counsel and others, and the clerk of the -commission began to read in an indistinct tone the various resolutions, #x or seven in number, which had been offered and rejected with the steady retrain, “which was rejected by a vote of seven to eight.” These resolutions were attempts in diferent forma to get In evidence of ono or osher of the frauds com- @itted in Louisiana, TUR SUCORSSPUL ORDER. At last he took up what he called in order, tees | by Mr. Hoar, “Ordered that the evidence. be not re ceived,” read Mr. Payne’s motion to strike out the word ‘not’ and its defeat by 7 10 8 and thea the *pas- sage of the order by 8 to 7, APPRARANCE OF THE COMMISSIONERS. As well as one could distinguish faces in the twi- light the republican Commissioners looked no happier Or more comfortable than tho democrats, It wasa very uncomfortable assembiage, in which she only cheerful or self-possessed was that of Judge Clifford, who went on at onco to say that, ac- cording to tho regulations adopted, there remained only about ten minutes more of the time allowed to taco counsel for argument, ‘‘or, as'my brother Miller has more accurately reckonod it, only three minutes,” he added, with a grave smile, ‘and this be- longs to the republican side.” about Thereupon Mr. Payne moyed that an additional hour bo granted to counsel. Mr, ‘Morton and others objectad, but the question could be put to vote Mr. Evarts rose and maid that heand his coadjutors desired no turther hearing, The veneravle Judge Campbell followed him, saying quietly that asthe commission had refused to receive evidence he did not, wish to be further heard, and thus that part of the busin Senator Morton immediately moved that three mem- bers be appointed todraw up a report to be made to the joint moeting, but Judge Strong remarked that thero was no occasion yet fora report. The commi: sion had so far done nothing but refuso to receive ev dence, It had not yet deliberated on the main ques- tion, and, of courae, had not concluded the caso, Thereupon motion was mado thal the commission go ‘@t once into private session for consultation, This ‘was adopted without opposition, and the room was cleared. before was concluded, THE FINAL DECIRION, ‘The deliberations began as soon as the chamber was clearea, Senator Morton offered the lution de- claring that the Kellogy electors were the true elec- tors of Louisiana, Mr. Payne rose to speak, and Mr, Morton remarked that he thought the time for discus- “sion had gone by; that the business was dono and ought now net to ve further de- layed. Mr. Payne, however, insisted on bia right, and made a vigorous and it is said in somo parts somewhat personal appeal of some length. Thereupon the vote was taken and stood asusual, 8 to 7. Then a committee, consisting of Judges Miller and Bradley and Mr, Hoar, was ap- pointed to draw up the report to bo made tothe two houses, and this completed the work. Mr. Edmunds, who otherwire would hava been of this committee, too 111 to serve, The discussions in the private session during the day (were More spirited than on previous occasions and the commissioners evidently talked platuly to each ‘other. THE PRIVATE SESSION, The private session began at ten o'clock and closod at five o’clock and yet there remained eight mombers who bad pot been able to obtain the floor to express their views. The following members only and in the order Hamgd gavo their views in {ull:—Morton, Thur- man, Gartleld, Bayard, Edmunds, Hunton and Judge Bradley. PREPARED IN ADVANCH, Of thoso Judge Bradley alono bad reduced his points to writing. When be rose to speak he surprised his Colleagues by drawing & pile of manuscript trom his pocket, He apologized for having taken thig procaa- tion, giving as a reagon that he was somewhat slow of speech and that he had written out his vance, but came prepared to change them should he be convinced by the argu” ments he shovld hear to-day. Evidently he had not been convinced, Senator Thurman had pre- viously made a most power/ul argument showing that the Louisiana law of 1872 repoalea all these existing statutes relative to the appointment of Presidential electors and that there was left no power to fill vacancies in the Elgctoral College. He had ex- amined carefully the Louisiana laws bearing on the subjoct, and declared that any other con- clusion than this was absolutely untenable, Judge Bradley, however, maintained that the Klection law of 1868 was not repealed by the act of 1872, and there- fore that the appointment ot Levissce and Brewster to the vacancies caused by their own ineligibility was en- Urely valid. He held that inasmuch as tho testimony offered did not show that they held office on the day of their appointment to il such vacancies it amounted to nothing. He held the action of the Returning Board to be final and not revéraibie, SENATOR MORTON'S GROUND OF ACTION. Sepator Morton spoke first and stood firmly on the ground taken by Mr, Evarts yesterday, that notwith- Standing traud or aby other objectionable facts that might Me perdu back of the returns the State’s certif- cation was sacred from the meddlesomenecss of Con- Gress or its delegated commission, He spoke with his usual earnestness, SENATOR THURMAN’S SPEECH. Senator Thurman is represcated to have made the ablest argument of* his whole life in behalf of the right of the commission to go back of the suspicious decision of the Returning Board. His spoech, for which he was congratulated by his opponents in the committee room, reviewed at length the clection laws of Louisiana, and he claimed that the Returning Board should have compiled the returns as made by the Commissioners of Elections at every precinct, instead of the tabulated reports of the Supervisors of Registra- tion, This they did, however, in no instance, Ho argued that the self perpetuating power of the Retarn- ing Board was unconstitutional; the fuilure of the Board to Oli the vacancy by appointing its filth mem- ber he declared to be tatal to the vulidity of its action, and he’adduced numerous authorities in proot of this position, Mr. Garfield and Mr: Hoar followed on the republl- .can side with arguments against going back of the re- turns, which did not vary from those presented by Judge Stanley Matthews and Mr. Stoughton in open session. They took the simple ground, and stuck to it, that 1t was unconstitutional, impolitic and revolution- ary to explore into the rear of the Stato certificates, SENATOR BAYARD'S ARGUME: Senator Bayard’s speech, which consumed one hour and a half of tho time, is said by one of the Judges to have ranged powerlully over tho whole sub- Ject, It was a strenuous and cloquent appeal for the right in avoidance of technicality, and was so com- prehensive that tt relleved other democratic membe: of the commission from presenting extended argu- ments, SENATOR RDMUNDS’ ARGUMENT, The next speech was mado vy Senator Edmunds, and was a forcible legal argument against troubling the returns. During its delivery hoe was subjectea to frequent inquiries by the Judges and responded to them with fucile celerity: Judge Avbott and Mr. Hunton then made brief arguments, and by this time it was half-past throe o’clock. 6 SUDGR BRADLEY'S PAPER. Then Judge Bradley got up to read bis views, Itis not @fensive to say that his paper and his vote disap- pointed every person in the chamber. Even the re- publican members were surprised. He held, it is sald, that the Returning Board was properly constituted, but that the joint committee could go Venhind the Governor's ceruticate and show that the Board of Canvassers had no jurisdiction, but in his final vote he decided that no evidence whatever was admissible, He held in his argument, too, that if av elector was ineligiblo when he voted his vote was void, but the mere fact that he was ineligible when he was elected did not prevent him from voting, provided he did not hold an office under the United States at the time of his vote, Here Senator Thurman suggested that a person who hold an office of trust or profit under the Unitod States was made ineligible ta order that bis position might not bé"Used to secure his election. Judge’ Bradley” fetierated: that though the person might be inetgible when elected, yet if he was not ineligible when he voted his vote should still be counted. In response to this position Judge Field cited the plain clause of the constitution— But no Senator or Representative, or person holding an office of trust and profit under the United States shall be appointed an elector, INCIDENTS OF THE DAY, Among the incidents of the day it is related that Jadge Miller remarked that the failure of the Returning Board to fill its vacancy was of no consequence, Mr, Abvott thereupon called his attention to a volume ho heid in his hand which proved to contain one of Judge Miller’s own decisions wherein bo held that in a similar éase it was absolutely vital that the vacancy which existed should be filled. Judge Miller was, it is said, yot a littl em- barrassed at having bis own guns thas turned upon him, SENATOR MORTON'S RESOLUTION, Atthe evening session Sevator Morton offered a resolution providing substantially that the persons holding Hayes electoral certificates wero duly elected under the constitution, A substitute reverging the terms of this resolution: was offered by Mr. Payne, modified by other members of the commission, amended by Senator Thurman, and finally presented by the original mover ot it, and voted down, Three or four other substitutes shared the same fato before Mr. Morton’s resolution was adopted, f DRAFTING THE REPORT, The committee appointed to draw up the report went to work immediately. Their report is substantially the samo as that made in Florida, the grounds not varying, Having been signed it was placed in the hands of Judge Clifford, who will to morrow transmit duplicate copies of It to the Prosident of the Senate and the Speakerof the House, He will also return to the President of the Senato all the papers sent to him concerning the Louisiana case. Tae com- mission adjourned until four o'clock to-morrow. ‘THE INELIGIBLE QUESTION, In Judge Bradley’s written opinion he lays it down that if anywhere an clector was « federal officer and cast his vote for elector whiie holding the federal office, such voto cannot be counted, The democrats mean to produce such a vote in Wisconsin, where Dr, Downs, one of the electors, was a pension surgeon when chosen elector, did not resign, held the office when he voted in the Electoral College and continues to hoid it, Ofcourse, as there 1s but a single return from Wisconsin this case will come only before the two hou but it will thero have to be voted on, ACTION OF THR Hous, Tho House will probably take « recess to-morrow un- til Monday betore receiving the report of the commis- sion, Its held by the democrats that this can be dono under the amendment to the Electoral bill adopted tho other day, which allows the houses to adjourn from day today pending the sitting of the eommission, and which was intended to obviate the difficulty of a con- tinuous session, The adjournment to Monday is meant only to secure time for consultation, OPPOSITION IN THE SRNATR There is some talk of opposition to the Louis! decision in the Senate, where it is believed by some persons that there are republican Senators who will find their consciences troubled by voting to agree to it, It 1s doubtful, however, whether any considerable or sufficient number of republican Senators will combine with the democrats in voting to non-concur in the commission’s report. There are no signs of any disorganization to this effect, and isolated protests are not likely to be of much effect at a time whon party feeling and discipline are at ther height, There is no doubt, how- ever, that the decision on Louisiana has been a shock to a good many conscientious repab- lican mo) vers of both houses, and thero will be several republican votes against it in the House, What force will array itself aguinst it in the Senate no one can yet tell. It requires, ofcourse, the vote of both houses to reverse the aecision, PRELING ON BOTH SIDES, Thore is a good deal of strong ieeling on both sides to-night, though very little apparent excitement. Even the republicans are a little dazed by the unexpected result, It came upon them suddenly, They have been made to fool by the arguments of coun. : NEW YORK HERALD, SATURDAY, iews in ad- | sel before the commission, by the developments in the investigating committees and by general public Opinion that Louisiana was not justly theirs, They struggled for it nevertheless, but now that the commis- sion bas decided for them they aro a little sick at heart, A good many of them openly express the hope that the democrats will now do something scandalous, and thus alarm the country and cover up this Louisiana matter, THE ORKGON Case. Among the democrats there are various shades of feeling, ranging trom deep disgust and anger to a be- Nef that the Oregon case is now stronger than ever and cannot be decided for Hayes without such a com- plete reversal of tbe grounds of the two de- cisions made, us can hardly be expecied of lawyers and Supreme judges. The party Jeaders aro quict and self possessed and will prevent any foolish action, if any should be attempted, unless it be the adjodrnment to-morrow, which appears to be generally determined on, and which they mean to jus- tify by speedy action on Monday. Noticos were sent around to-night asking most of the leading democratic Senators and Representatives to attend a mecting for Consultation to-morrow. There will, very likely, be strong language used im the democratic caucus which is called to meet at half-past nine o'clock to-morrow, but tho solid members, Southern as well as North. ern, are prepared to resist and put down all wid proposals. Some over-zealous republicans aro making themselves ridiculous to-night by proposing to act body guard for Messra, Garfleld and Hour, pretending to fear that these gentlemen may be molested on the strects, but they are generally laughed at. DEMOCRATIC IRRITATION, The irritation does not extend to persons in this way. It is felt by democrats that the republican party is responsible for what they consider an unjust and unjustifiable course in regard to J.ouisianu, and that it can and will bo held responsi- ble before the people at tuturo elections, There aro not a few democrats who hold that what hay passed leaves their party ina better condi. tion before country than if justice had been done them. Tho Southern members are generally the most quiet and conservative. Thoy believo thut even if Mr. Hayes should beeome President he will turn his back on the carpet baggers and allow Joulsiana and South Carolina self government, There is so very general and confident a feeling on this subject that they aro not inclined to make trouble or to allow any one else to do so, and it ig believed that: thoy have such assurances on the sub- ject as make thom confident of good logal government whoever becomes President, and that is what they care most for in the cotton and sugar States, Some of the democratic lawyers believe to-night that the course of the commission strengthens the demo- cratic case in Oregon, They say thas if no evidence is to be adthitted, and if cases are to be decided on the strictest logal technicalities, they can make a good de. fence of the Oregon transaction, At any rate, overy effort will be made in this case. SENATOR MORTON LATED, Sonator Morton was one o! the last to leave the Su- preme Court room this evening. He was greatly elated, and said to a friend, with exultation, “Eight to seven ali the way through, and Governor Hayes 8 the next President of the United States.” Atelogram in these words was sent on his behalf, it is said, to Governor Hayes, and these words were added to the despatch :—*‘This de- cides the iesuo in Oregon and South Carolina,’? A SINGULAR FACT. The. Injunction of secrecy being removed from the Proceedings of the joint committee which framed the Electoral law, a singular fact appeurs, Among the va- rious propositions submitted and considered in the committee was one by Messrs, Hoar and McCrary which shows that they at that time certainly expected and wished to give the commission power to invest!- gate to the fullest extent. Part of section & of the Dill proposed vy them fs in these words:— In addition to the papers and proofs which may’have been referred to said tribunal as aforesaid they shall have power, if they deem it necessary, to send for persons and papers and to compel the attend- ance of witnesses; also to cause testimony to be takon before one or more Commissioners to be appointed by them for that purpose, The same worda appear in the sccond draft of the game bill, It is clear, therefore, that the opinion that the commission cannot under the constitution bear evidence 18 at least an afterthought with Mr. Hoar, who 18 the author of the resolution to-day by which FEBRUARY 17, 1877.-TRIPLE SHEET. j A seventh substitute was offored by Mr. Bayard as ollows :— Resolved, That no persun holdi under the United states is eli elector and that this commission will recetve evide ing to prove said ineligibility, as offered by counsel Ors to certificates Nos. Daud thi Rejected by the same vote. Mr. Justice Field offered the oighth and. last substi- tute, as follows :. |, ‘That in the opinion of the commission evidence ible upon the several mutters which the counsel for vbjectors Nos. 1 und 3 offered to pro ‘This was aiso rejected by the same vote and the | question on the original order submitted by Mr, Hoar came up, namel, ‘That the evidence offered be not received. Mr, Payne moved to strike out the word ‘not,”” Jected by the sane vote. n office of trust or ed Re- THE FINAL VoTR Tho vote on the originai order was then taken and it ‘was adopted by the tollowing vote Ykas—Mensrs Hour, Mili Bradley, Kdmunds, Frelinghuysen, Gar- ton and Stren, jayard, Clifford, Field, Hunton, After the conclusion had been reached by the com- mis@ion counsel were admitted and the above resolu. tions wero read by the secretary, As svon as tho final Yoto bad been taken Mr. Justice Field moved thatthe injunction of secresy be removed trom the Proceedings of the commission, and it was adopted unimimously, . Mr. Hoar inquired of the Chair whether any of the time to which counsel were entitled, under the order of the commission, remained, or whether it had been exhausted, The Chair replied that the time for objectors to Nos. lana 3 exhausted. On the part of objectors to certificate No, 2 be believed ten minutes remained, but the time had been substantially exhausted, Mr, Payne moved that one hour be given each sido for the respective counsel to sum up the case, Mr. Garfeld said that tue order had been already made that cach side should have four and a hall hours | and that the time should be used us they chose ou the interiocutory question, He considered he ougut to Stand on the order and should vote against the mouon, Counsel themselves had got yot asked 11, Justice Chiffurd inquired if they were sutisfled to rest their-case, Mr. Evarts said they were satisfied with the case as it atoou. Justice Clifford asked if opposing counsel also agreed toit Judge Campbell sald they had nothing to add under the circumstances, Commissioner Abbott—I understand’ you, Judge Campbell, to say that the commission liaving ruled out aj] the evidence you offered, you have nothing further to urge’ Judge Campbvell—Yes, sir. Justice Clifford said the motion was then withdrawn, Commissioner Moron moved that three members of the commission be appointed to prepare a report ip te Louisiana case, and that a recess of one hour be taken, Commissioner Strong said that the question that had been passed upon Was the question of the admis. sibility of evidence, and he thought they now ought to go into the merits of the cuse, ‘hen, on motion of Commissioner Hoar, the com- mission, at hali-past five o’clock, went into secret session for consultation, Commissioner Puyne moved that one hour be allowed each side of the commission in which to make argu: ments, Commissioner Garflold sald that the order pursued yesterduy giving four und a hall tours to each side 10 argue the whole question was interrupted by the offer of testimony, and it was then agreed that two addi- ond! hours should be given to tuat question, After that agreement was entered into it was also agreed that counsel might draw on ‘their final time upd use it im that interlocutory quos- tion if they chose, and they used 1% up and discussed the whole question together with the interlocutory questions. The coun- sel have not usked tor additional time, and {f they had I should consider that we ought to stand by our-order, IT shall, therefore, vote against the motion of Commis- sioner Payne. Commissioner Morton said that untess counsel de- sired it he should vote against the proposition. He would not invite counsel to argue the question farther. Mr. Evarts said that his side had argued the whole question fully and covered the wholo merits of the cave, They had so considered it during the time lowed them. The motion was withdrawa. Mr. Hoar then moved that the commission go into secret session, forthe purpose of consultation on the Main question. ‘Pais was udopted and the crowd was directed to wee the room, IN SECRET SESSION, Immediately atter the doors were closed, Senator Norton offered the following resolutio: Resolved, shut the persons named fiente No I'were the 1awiul electors of. enag and that their ure the vote, stitation of the Unit A es, and President und Vice Hreside: resolution was adopted by a vote of 8 to 7, as foliows:— Yxas—Meusrs. Bradley, Edmunds, Frelinghuysen, G: Held, Hoar, Miller, Morton and Strong—8, Nays—Messrs. Abbott, Bayard, Cliffurd, Field, Manton, Payne and Thurman wlectors in certi- he State of Lo rovided by the - ld be counted for the commission refused to receive tostimony offered to.» Justices Miller and Bradley and Representative Hoar show that such gross Irauds and violations of law had been committed on Lonisiana as made it proper to throw out the vote of the State. There is, however, reason to believe that the parti. san spirit in the commission has not been all on ono side, There is but little doubt that Judge Field hag been as uncompromisingly democratic us Judgo Miller has been republican, and that, perhaps, each hus added fuel to the flame on the opposite side, PROCEEDINGS OF THE COMMISSION. ) Wasnixatox, Feb, 16, 1877. From twelve until five o’clock this aiternoon thero was alargo crowd in front of the Supreme Court doors, the number gradually increasing to more than 500, Members of Congress occasionally mixed with the throng, awaiting impatiently the opening of the court room, whieh did not take placo until an hour Jater than that heretofore announced, Daring all the alternoou rumors prevailed abuut the Cupitol as to the decision of the commission and the state of the vote, These reports were so contradictory as to be confusing, and therefore did not gain cre- deuce, There was much consequent excitement, Everybody supposed to have opportunities for acquir- ing information as to the proceedings was surrounded directly be appeared in view, aud interrogated by sev- eral persons at the same time. A more inquisitive crowd was never before, perhaps, seen at the Capitol. At five o'clock counsel were sent for, They had been waiting for the summons in a private room of the Su- preime Court, and when advised that the commission were prepared to receive them they entered the court room inabody, Some time elapsed before the doors were opened to members of Congress and those who had tickets of admission, and when they were opened @ Irantic rush was made for the interior, which was soon uncomfortably filled. THE RESOLUTIONS ACTED UPON, Tho following are the resolutions acted upon by the commission in their secret session and afterward re- ported to counsel, Mr, Hoar submitted the following :—- Ordered, That the evidence be not received. Mr. Abbott offered the following as a substitute:— Hesolved, That evidence be received to show that so much of thy uet of Louisiana estabiishing the Returning Board tor that State is unconstitutional and the acts of tho said Returning Bourd ure voit, ‘This was rejected by the following vot Yxas—Messrs. Abbott, Bayard, Clifford, Field, Hunton, Puyne and Thurman—7. Navs—Mesars. Bradley, Edmunds, Frelinghuysen, Gar- field, Hour, Miller, Morton and Strong—A, Mr, Abbott oflered another substitute, as follows :— Resolved, That evidenco will be received to show that the Returning Board of Louisiana, at the time of caavansing and compiling tite vote of that State ut the last ele: in that Stato, was not legally constituted under the law es tablicning it, int that it was composed of four perons of one politicul party instead ot tive persons of different parties, Rejected by the same vote. Mr. Abbott then offered the following substitute ;— Resolved, That the commission will receive testimony on the subject of the frauds alleved in the specitication of counsel for the objectors to curtiticares Nos, 1 and 3, Rejected by the same vote, Mr. Abbott then offered a fourth substitute, as fol- lows :— Resolved, That testimony tending to show that the » caligd Returning bourd of Lunisians had no jurivdictios canvass the votes for electors fur Iresident aud Vice P dent is admissible, Rejected by the same vote, Mr, Abbott offered a fifth, which was rejectod by the samo vote, which was us follows;— Resolved, ‘That evidence is admissible that the state. ments and aflidavits purporting to lave been made and tor- warded to said Returuing Board in pursuauce of the of section 26 of the Election 1nw jegivg rivt, tumuls, intimidation and ‘or near’ eertain’ polls aud ine were fulso and fabricated and forge: certuin disreputable persons under the direct knowledge of said Koturning Bourd: that said Returning Boar, knowing the said st Thine forged, and that afidavite were made it the manner o time recuired by law, did knowingly, wilfully and trandu- Jontly tail and refuse to canvass of compte more than 10,009 votes cast, as 1s shown by the Commissioners of Livetion, Mr. Hunton offered a sixth substitu Rexolved, That evi pro votes cast and given at the election on the 7th of No- it, own by the return made by the commin- u for said polls and voting places in «wid been compiled nor canvassed, and th ing Kourd never vvon pretended to cor revurns made by id commission t that suid Returning Boni id affidavits to be statements and followsz— that tho of rete 0 tration, _ Rejected by the same vote, only p to | Pi cunvass the returas made by the Btate Supervisors of Regis. | were then uppornted a committee Lo dralt a. report of the decwion, with @ brief s:atement of the reasons theretor, to bo signed by the members agresing there- in, and to be transmitted to the joint session of the two Houses as required by the Electoral act, A recess of about one hour was then taken to afford time for drafting a report, which, upon the reassem- bling of the commission was presvnted, and after being read was signed by Messrs. Miller, Strong, Bradley, Eamunds, Morton, Frelinghuysen, Garticld and Hoar. The report is to the following effect: REPORT OF THE COMMISSION, The Electoral Commission having received certain certiticates and papers purporting to be certificates of the eivctoral votes of the State of Louisiana and certain papers accompapying game, aud the objections thereto, report that i has duly cousidered the same and has decided and docs hereby decide that the votes of William Pitt Koliogg, 0. B. Brewster, A. B. Lovisse, Oscar | Jotfran, Petor Joseph, J. H. Birch, L. A, Sheldon and Morris Marks, named in the certificate of William Pitt Kellogg, Governor of said State (which votes are cerutied by said persons, as appears by the certificates supmitted to the ‘commission aloresald and marked namver one by said commission and herewith reiurped) are the votes provi for by the constitution of the United Stutes, and the same are iawiully to be counted as therein certified, namely, eight votes for Ruthertord B, Hayes, of the State of Obio, for Presidont, and eight votes tor Wilitam A, Wheeler, of the State of New York, for Vice Presigent. The commission also decides and ree ports that the oight persons first before named were duly appointed electors in and by the said State of Louisiana, ° GROUNDS OF THE DECISION, The ground of this decision, stated briefly, 1a sub- stantially as follows : That it i not competent to go Into evidence alimedi as to the papers opened by the President of the Senate in the presence of the two houses to prove that otner persons other than those regularly certiied by the Governor vf the Staye of Louisiana, in and vecording to the determination and declaration of their appoint. ment—in other words, to go benind ttle cerutcate of the Governor so far ax it ts founded upon the actiun of the Returning Board. ‘The report will also state that the commisston could hot receive uny evidence 10 show that any clector was ineligible on the 7th of November, the day ot the elec- Uon, on the ground that it was not essential to show that an elector was eligible on that day so long as he was elgibie when he cust bis vole in the Electoral College, and the fact appears that the alleged imeligi- ble electors Brewster and Levisse were chosen to fill Vacancies caused by their own absence trom the col« lege, and there was no allegation of ineligibility at the time they cast their vote. The commission remained in o’clock, When, on motion ot Mr. E ment to tour While the co: jon Ws Ih secret ser were desivered by Measrs. Morton, Thur! Bayard, Kdinunds, Hunton, Hoar and isradiey, the last named closing the discussion. ‘There was much anxiety and intense interest when the voto was about to be taken, as (M6 discussion of the question depended on the vote of Justice Bradiey. ‘Throughout the secrot deliberations of the commission to-day and heretofore the remarks of the members were dignilied yet carn- 1, and every one spoke us long as he chos we Secreiary of the commission’ will to-morrow morning deliver to the President pro tem. of the Senate the formal decision above deserived, together with all ruiticutes and accom 10g papers on the Loute- case Which Were reierred to the commission, Tho Secretary will also deliver to the Speaker of the House a torial notification signed by the President of the cominission, that their decision had been com. municated to the President pro tem. of the Senate, Upon the reassembling ot the two houses in joint session tho decision will be read and entered upon their respective journals, and thercupon, in uccordance with the Electoral act, the vote of Louisiana must be immediately counted’ for Hayes and Wheeler, unless upon objection being made in writing by at loas five Senators and flve members of the Houso of Repro- sentatives, the two houses shall separately concur ia ordering otherwise. DKMOCRATIC ACTION. There will be a caucus of the democratic members of tho House to-morrow morning, when tbey will act upon the commission’s report to-morrow or deter pro- ceedings until Monday, the latter being the more prob- able, Thero are no present indications, however, that y attempt will ve made to defer final action upon the report beyond Monday’s jon. It will be re. membered that the electoral acMlimits the time for debate in either house upon the question of sustaining a decision of the commission to two hours. Representatives Field, Springer, Abraham 8, Howitt, Mr. Merrick, of counsel, and several other prominent democrats, after the decision of the commission, held Q brief consultation in one of the Supreme Court rooms, After they separated one of them, on inquiry, said that the democrats would present a strony pro- test to the counting of the electoral vote of Lowsiana, A private conference of leading democratic members of tue House was held this everung at Colonel W. T. Pelton’s rooms, and a eull for a caucus was agreed upon. PEELING OVER THY RESULT, The action of the commission is the sabject of aniversal comment to-night The republicans are session until ron remarks Gurtiels, rejoicing While the democrais are correspondingly de- reased, Several republican members of the commis- that the decision not to go behind tho revarns les the case of Oregon so far as the com- Concerned, as they have no doubt that] hy the key. Watts was eligible at the time te cast his vote in the Electoral allege. THE NEWS IN THE CITY. ME. PARRE GODWIN ON THE SITUATION, At mx o'clock last evening the familiar ery of “Extra!” breaking simultaneously {rom the lips of a light brigade of little couriers on every street and thoroughfare up town, announced that the suspense was probably over, aud that the Electoral Commission had decided in the case of Louisiana, and within halt an bour nearly every newspaper reader im the city was in possession of the substance of the decision that snuffed out the last lingering bope of the democracy that Mr, Tilden would be declared the lawfully elected President of the United States he basiness part of the community wok a long ; breath, scarcely carec which way the decision had gone, but were glad that the crisis was passea at last. By way of putting bis fingers on the wrist of the business public the reporter of ihe Hxaaip lounged in at Broadway, and Yourth and Third avenue stores, where, although the dings had pre- ceded him and each proprictor wus talking over tho news with the latest customer, not ® vestige of nervousness or bad temper was vis- ible, Tho subject was discussed quietly; democrats expressed the opinion that ihe decision was unfair, and ropublicuns that it was the best thing under tho circumstances that could possibly have occurred, But it was noticeable that all indications of partisan Tancor were absent, and that the geveral sentiment was one of relief, “There 18 some hope now tor the spring busin said a prominent Brouaway dry goods dealer to the Hxkaio representative. “I voted for Mr. Tilden, and 1am decidedly glad the affair is settled, For one, I've had enough politics.” Business men of republican proctivities could scarecly repress a little exaltation that Mr, Hayes was after all to be inaugurated; but to the eye of ap actual observer there was visible a cer- tain undercurrent of stifled distrust as to the justice of their cause, which found expression in the remark that it was mo doubt best so, but that a strictly partisan division of the commission was some- thing ‘to be sincerely regretted, it is evident, too, when one comes down to « quiet talk with intelligent republicans, who have vo officil relations to bias them, that the justiceot Mr. Hayes? claim to Louis. fana is pretty universally doubted. Indeed, the most superticial observer cannot tail to notice that the zest of triumph has been blunted to lay moinbers of the wiuniug party by delays and doubts, while the edge of tho disappomtmeut, so far as business men of democratic antecedy. re guncerned, Las been dulled by the consideration that the election’ was tuitly won, but has beon juggled out of their hands by corrupt re- turning board: “Pho democrats can afford to wait,” said a gray bearded Broadway prince of commerce last evening, in reply to the question of what ho thought of it, “Pil take iny revenge at the polls."? Mit, PAKKE GODWIN'S Vinws, § As a confidential friend of Mr. Tilden Mr, Purke God- win, in response to & request to explain his views tor publication, preferred not to commis himself by any definitive opinion as to the situation lest it might be regarded as reflecting or anticipating something that the deleaced candidate might have to say presently. “lt was evident [rom the beginning’”’ he said, “that a well concerted conspiracy had been enterea by re- publican politicians und officials to count the legally elected candidates out and to secure possession of the government for the next four years by fraudulent moans,” He did pot think the case of Louisiana was as strovg as that of Florida in its legal points, although the fraud was larger in port of the number of ballots re- jected; und bad never nad any faith in the compro- Miso measure that created a commission composed of eight repuolicaus to seven democrats. He called ut- ” ‘tention to the record of Sonator Kdmunds (Congressional proceedings, volume iV., part 1, page 65), in which ho bad argued against the seating of a Senator from Louisiana, and had voted against it on the ground that the whole gov- ernment of that State was un atrocious fraud. ‘And yet,’’ said he, “this man, with this record on Louisi- ana affairs, deliberately accepts a placo on the com. rilasion and votes to suppress an investiga- tion, Morton, again, declares the commission an unconstitutional measure and then cooll; accepls a scat as a member of that body.’ He dia not see, however, how the House of Rep: n+ tutives, baving bound itself to accept the result of such an arbitration, could now annul its action, even though the ez parte uature of tho decision was very evident. Itis, however, the spectacle of a President of the United States inaugurated by fraud that our Nestor deplores, AT THK MANHATTAN CLUB On the other hand, in democratic circlos generally, the letter of Wilham B, Lawrence, of Rhode Island, as the opinion of an eminent jurist, is quoted by specuiae tive democrats ax foreshadowing the withdrawal of the democratic members of the commission and the final refusal of the House of Representatives to accept the results arrived at, and men of high repute in the ranks of the democracy appear to find a certain comfort in speculating upon the probable con quences of such a step, At the Manbuttan Club every. body went home early and disgusted, and by tea o’ciork the club salons wore deserted, Douglass Tay- lor dropped in, it appears, and growled a good-natured protest early in the evening, AT THE UNION LRAGUR, | + ‘The hall and corridors of the Union Letgue were, on the contrary, crowded until a late hour with jubilant boiiticiaus, sympathizing with cach other that their oficial heads were now comparatively sale. For the rest, it would be «pulpable exaggeration to say that the loungers at the Fitth Avenue Hotel were at all ox- cited, that the democratic frequenters of the house ut- tered any notes of depression of the repudlican of ela- tion, Atthe Everett House, as usual, there were few loungers, and at the other jeading hotels the topic was by no means the lading one, AT GOVERNOR HAYES’ HOME. ENTHUSIASM AMONG THE REPUBLICAN STATE LEGISLATORS—THE COMING RUSH OF OFFICE SEEKERS, (BY TELEGRAPH TO THE HERALD, J CoLvaava, Ohio, Feb, 16, 1877, The report that the Grand Cominission had decided notiogo belund the Louisiana returns made quite a ‘flutter bere among members of the General Assembly, although 1 bad been anticipated by many men of both parties, The news was at once carried to Governor Hayes and shen to the leading members of the Assembly. Itsoon spread like wildfire, and then the republican legislators, in groups of a dozen or more, called upon Governor Hayes in bis office, Their congratulations were received by Hayes with his usuay composure, but he said little in response to numerous poor jokes that were cracked by those about him rela- tive to appointments, THE Wak OF OFFICE SKEKERS, Governor Hayes will no doubt be glad to have the suspense that has so long hung over the country settled one Way or the other, but he knows that with a deci- sion in his favor tho war of tho office-seekors will commence, He has already received @ reasonable share of requests for positions under his administra. tion in case be bad an administration, but of course nothing in comparison to what must come now. LOUISIANIANS DISGUSTED, PACKALD'# GOVEKLNMENT IN NO CASE TO BE SULMITTED TO, [by TELEGRAPH 10 THE HERALD,] New OxLuANS, Keb, 16, 1877. ‘The news of the commission’s decisions im the Louisiana case has produced an intense excitement here outside of republican circies, It is everywhere denounced im the bitterest terms, OPVOSITION TO PACKARD, ‘The people are open in expressing their determina. tion not to submit to the imposition of the Packard State government should it follow as a sequeace of Ha yos’ declared election, INVESTIGATION, ADDITIONAL TRANSLATIONS OF CIPHER TELE- GRAMS—-AN EXPLANATION FROM SENATOR KELLY. tGON THE OR: Wasusarox, Feb, 16, 1877. The Senate committee investigating the Oregon eleccoral affairs, of which Senator Mitchell is chair- man, continued the translation of cipher telegrams to- day as tollows:— Nuw York, Dee, 6, 1874, To Mon, Jamas K. Keety = s yout mutter certain? There must be no mulstake. All depend on you, Pluce no relianee on avy favorable report from three suuthward Sounetier, Answer quick. (No signature.) NOVEMBER 20, 1876—10 45 A, vey Park, Now York :— way elector iu. convincing demo- New Yorm, Dee. 2, 1876, ht and to-day. Have no reply. ‘i No signature, PouTLAND, Dre. 1, 1876. To W. T, Pxttox, 15 Gramercy Park, New York :— jot time to convene Legisiature, Can manage with $4,000 wb present. Must have it Monday, cortalo, Have Charles Ditwon, 115 Liberty street, telegraph it to nket, Halem. This will secure demucratie vote. Alt wi at ow here. Can't tatl Can do mor Sail morning. Auswor Kelly in cipher, (No signature.) Decuwmen ty 1st, To W. T. Pero: ‘Wilt bottomt crata? state To Hon, Janna K. K Telegraphed Inst Has he leit? Answer, * To Dr, Grorce L. Mitten, Omaha, Alter piece simply. Can't few, Sail steamer Eider morning, «a New Youn, Di Hon, James H. Kunty. Portland, Oregon, Tolegraph Hordsmun P.'s direction of yourself. Follow Examiner srount. Can't change it, Herdsman nonsel, When will P. roach dostination? What si done? Anower. (Yo signature.) of Detroit, who furnished the key by translations were made, was before the impBsibie to translate certain words in the despatche: He iurther stased thas ali the trausiauons | thas far were made word by word, ard from the cipher Pq ye #5 found in the printed testiumouy relative to the Oregon cuse, * WITNESSES BXAMINRD, W. 1. Stocking, editor of ihe Detroit Post, testified that Mr Shaw came to him some days since aud exhib. ited @ (ransiation of the ‘Gobble” despatch; Mr, Shaw also explained tho translation to wituess, and alter satistying bimself that t translation Was correo: ess published the cipher despatch and Mr. Shaw's translation of it in bis paper; be communicated with the chuiriman of the National Kepablicau Committee relative he discovery of tue key of the cipher which thd “Gobble despateh Was written, and he and Mr. Shaw were so00 wier subpanaed (0 appear before this committee. Mr. McClennao, a Treasury expert, was called and testified that he had translated. several of the cipher deaputches relating to the Oregon case according te Shaw's rule, aod in the main they agreed with the translations made before the committee. SENATOR KXLLY'S BXVLANATION, Senator Keily states in regard to his iodorsement of the cipher despaich sent vy J."H. N. Patrick on the 1sth of November to Colonel Willi 1. Pelton, that be was totally unaware of its containing @ proposition for the purchase of a republican elector. ie saye Pasrick © to bim and stated he Pas pregines a cipher telegram to the Secretary of the National Democratic Committee, asking the latter to piace $10,000 to lis credit for the purpose of paying = lawyers = and ~—sother peer, ex. penses covnected with the anticipated litigation concerning the issuance of the Governor's certil Patrick requested him to imdorse this telegram. be- cause he (Mr, Kelly) was kuown to the National Dem- Ocratic Commitier, and it was desirable to secure prompt action. nator Kelly said he could not, of course, read the ciplier, and accepting Vatriock’s indorsed st with as to its contents. enator also stated that alter Patrick left Oregon ne (Senator Kelly) earnestly endeavored to get m went from New York to pay the feos of the lawyere who had been retained, and as it did not come in time he himself ‘raised $3,200 on ols own 000 ot which he paid to Hill, Thompson and be lawyers above referred to, and thevre- inuining $200 were devote? to paylog the expenses of bringing Laswell, one of tho democratic electors, to Salem, as it was then thought he bad obtained a higher vote than Cronin, Tue Sopator says that so far a3 he knows bo person ever approached the republican electors With any corrupt proposition, ARMY REDUCTION, Wasuinarton, Feb, 16, 1877. The House Military Committee agreed to-day 10@ bill providing for a reduction of the army which will bo sent to the Committee on Appropriations, and tucorpuratd as au Amendment to the Military Appropriation Bil, 1¢ pro- vides that there shall not be avy new enlistments until the number of enrolled men shall have been reduced to twenty thousand; that the wumbor of cavalry regiments shall be reduced to eight and the infantry regiments to sixtoen, It Is also provided that the Secretary of War shall, soon fs the require. ments of the service permit, cause the reduction to be made by morging enlisted men into other orgapizas tions, either of thelr own or other regiments by the consolidation into companies or other wise, and the assigument of commissioned officers to duty with the consolidated companies, ot with other regiments of their respective arms; pro vided that the officers of the discontinued regiments may be assigned to other regiments of their respective arms, according to their dutes of commission, as va cancies may occur. Under the terms of the bill any officer may resign with one year’s pay for each and every term of eight yours' service, ‘The President is authorized te assemble from time to time a board of not less than three nor more than five officcra who shall bo invested with the powers of a court of inquiry und court martial, and whose duty it shall Le to examine into the propriety of conduct, capacity, qualifications and offictency of any commissioned offi- cer inclusive of retired oilicers who may be reportod to the board, and upon such report, if adverse to such officer after revision by the President, the commission of sueh oMfcer shall be vacated, No officer shall be eligible as metaber of the bourd whose rank of promo- tion would in any Way be affectod by its procereeees and two members at loast, if practicable, shall be equal rank with the officer to be examined, GENERAL EWING DEFENDED, GENERAL SCHOFIZLD ON THE ORDER DEF®PU- LATING THE WESTERN BORDER OF MISSOURI— HOW A DEVASTATING GUERILLA WAR Was TERMINATED AND WHO WAS RESPONSIBLE FOR THE METHOD. Wasuixatox, Feb. 16, 1877. Major General Schofield, now in charge of the Mille tary Academy at West Point, bas written a letter to General Thomas Ewing, for the purpose of vindicating the military order issued by General Ewing in 1963, depopulating a part of the western border of Missouri. General Schofield says, in substance, that he took command of the Department of the Missouri in May, 1863, und assigned General Ewing to the com- mand of the “District of the Border;” that a savage guerilla warfare had raged there for two years, which bad nearly depopulated the furming districts on the Missouri side, and thut all the farmers who remained, whether they sympathized with the guerillas or not, were mero furnisners of supplies for those outlawa, Civilization and humanity alike demanded a prompt suppression of this border war. METHODS OF STOPPING THE WAR, There wero only two methods of stopping it, One was to largely increase the military torce in the dis trict, which was found impracticable because of the necessity of sending reinforcements to Grant’s army at Vicksburg, The other was to remove from the Mis- souri borders the few remaiming farmers, whose crops and stores furnished the guerillas their submsteuce, ‘The fleadish massacre at Lawrence, in August, 1863, by Quantrell and his band, made immediate action ab- solutely imperative. He says it ts wholly a mistake to chargo tbat the order jued 11 revenge for that tnassacre, as its issuance wixdom, courage and humanity, by which hundreds of Innocent lives were saved, aud & barburous and dis- graceful Wartare brought to «summury close, Nota lite was sacrificed, nor any great discomfort inflicted in executing it, The necessities of all the poor were provided for and none were permitied to suffer, THE RESPONSIBILITY, General Schofield adds that when the order was is sued he went to the border, and alter persoual obser- vation, approved it, and then sent it with bis approval to President Lingoin, and that that bomave President never uttered a word of dissent as to the wisdom, justice or humanity of policy, He says that he does not write to vindicate bis owa conduct, or to shitt. responsibility, but that it 18 only justice to General Rwihg, who has been censured fur issuing the order, to say that the re- sponsibility for 18 execution belongs to President Lin- coln, to hiingell and to General Ewing, in proportion to their respectrve rank and authority, COAL MINES CLOSED. TEMPORARY SUSPENSION OF LABOR BY THER LEHIGH AND WILKESBARRE COMPANY, (BY TELEGRAPH To THE HERALD. WiLkusparne, Pa, Feb, 16, 1877, Work was suspendod in’all the mines of the Lehigh and Wilkesbarre Coal Company at this piace to-day, There i great anxiety among the miners and mer- chants to know how long the eaforced idleness will last. At the headquarters here nothing definite can be ascertained, but some of the leading officials say that the suspension will be bricl, The glutted con dition of the markets at tidewater, however, tne fear in the minds of many that labor will got be resumed in the mines tor sometime tocome, Are- port 1s iu circulation thut the offices of the company ure to be removed to Mauch Chunk tu a few daya, HOUSEBREAKI [BY TELEGRAPH TO THE HERALD.) Newroxr, R. L., Feb, 16, 187%, An Investigation to-day among the summer residenoeg here reveals the fact that in addrgon to the houses entered by burglars, as already reported in the HuuaLe, are those owned by Charles ¥. Chickering, J. Smith Boyce and Rovert Ray, of Now York; George Nu gent, of Puiladelphu Miss H. 5, Crowninshield and Mra. W. 1. Sigourney, of Boston, and ex-Mi Knight, of Providence. The owvers of tho alrendy reported in these columos as having opened made tt pretty lively yeuterday by ve lor those here who were suppoxed to keep a lookout for their property, The frst intimation whied they Tecdived uf their houses being cuterod was the Hxratp, ACCIDENT IN A BREWERY, While three workmen were engaged last night re. Pairing a batchway on the third floor of Riagler’s brewery in Ninety-fifth street, between Second and ‘tmrd avenues, the sceafolding gave way and the men feil through the apertare and sustamed inyaries which will in ail probability prove fatal, They were removed to the Twenty-tuird precinet station ‘The ijured men are Jerry Lawior, Highly street, near avenue; Maurice food, thirty-four lostn «strecs and = =6Third = avenue, Sebaubet, thirty-cight years, of street and Third avenue. An ambulance was at once raphed for irom the Reception Hospital, Mee arme house thirty-three, ot rived and removed the suflering men to consist bi aad on