Impeachment of a Cabinet Officer: Associate Justices and Commission

On the 18th of January, 1877, the joint committee reported. That committee consisted of fourteen members, as we have seen--seven of each party--namely, Senators Edmunds, Frelinghuysen, Morton and Conkling, and Representatives McCrary, Hoar and Willard, Republicans; and Senators Thurman, Bayard and Ransom, and Representatives Payne, Hewitt, Hunter and Springer, Democrats. The report was signed by all the committee, except Senator Morton. They presented a bill that provided for the meeting of both Houses in the hall of the House of Representatives, on the 1st of February, 1877. Two tellers, to have been previously appointed by each House, to whom should be handed, as they were opened by the President of the Senate, all the certificates and papers purporting to be certificates of electoral votes; these to be opened, presented, and acted upon in the alphabetical order of the States. When there should be a single return from a State, and an objection thereto, with its ground, should be made in writing, and signed by at least one Senator and one Representative, the two Houses should separately decide upon such objection or objections, the vote to be rejected only by the affirmative vote of the two Houses. In the cases of more than one return from a State, all such returns having been read by the tellers, should be, upon objection being made, submitted to the judgment and decision as to which is the true and lawful electoral vote of the State, of a Commission of fifteen, to be composed of five members from each House, to be appointed viva voce, January 30, with five Associate Justices of the Supreme Court of the United States, four of these Justices being those of the First, Third, Eighth and Ninth Circuits, who should, on January 30, select another of the Associate Justices of the same Court; the entire Commission to be presided over by the Associate Justice longest in commission. Each of the members of the Commission to take an oath to consider the questions submitted, and to give a true judgment thereon agreeably to the Constitution and the laws. The decision of the Commission, or a majority thereof, to be made in writing, signed by the assenting members, and submitted to Congress; and this decision, having been entered in the journal of each House, must be final, unless overruled by the action of both Houses. This is a brief summary of the bill.

After much debate, this bill was passed by both Houses--in the House of Representatives on the 26th of January, by a vote of one hundred and ninety-one to eighty-six; in the Senate, on the previous day, by a vote of forty-seven to seventeen. The opposition to the bill proceeded mainly from prominent Republicans, both in debate and in the vote. There was only one Democratic vote against the bill, in the Senate. It was signed by the President on the 29th of January, and on the 30th the two Houses elected five members each, to serve on the Electoral Commission. On the following day, a communication was received by both Houses from the four Associate Justices named in the bill--Clifford, Miller, Field and Strong--announcing that they had chosen as the fifth member of Associate Justices, Joseph P. Bradley.

The joint Electoral Commission assembled in the hall of the House of Representatives on the 1st of February, 1877. The President of the Senate proceeded to open the certificates of the several States, in their alphabetical order. The votes from six States having been counted, that of Florida was reached, from which State there were three certificates that, under the provisions of the Electoral Bill, were submitted to the Electoral Commission. Two questions were then raised in the Commission: First, whether evidence should be admitted going back of the State returns; and second, as to the eligibility of F. C. Humphreys, one of the electors. After these questions were fully debated by counsel on both sides, the first was decided in the negative; and after receiving evidence concerning Mr. Humphreys, the Commission decided to report Florida for Hayes and Wheeler. On the reception of this report in joint convention, objection having been offered, in due form, the two Houses separated. Reassembling on the 12th of February, and not concurring in the objection to the decision of the Commission, the vote of Florida was counted for Hayes and Wheeler.

The count then proceeded until the double returns from Louisiana were presented, when these, also, were referred to the Commission. That body reached a decision on the 16th of February. It was the same, and was sustained by the same vote as in the case of Florida. On the 20th, the vote of Louisiana was, in joint convention, recorded for Hayes and Wheeler, and the count proceeded until it reached the vote of Michigan, to which objection was made, but not being sustained by both Houses, the count proceeded. When that of Nevada was reached, objection was made, but was not sustained. Oregon was reached, in the count, on the 21st, and the returns from that State went to the Commission. On the 24th, Oregon was counted for Hayes and Wheeler. The counting was completed on the 2d of March, when the President of the Senate announced that Rutherford B. Hayes was elected President of the Republic, and William A. Wheeler was elected Vice-President. On Saturday, the 3d day of March, the Forty-fourth Congress finally adjourned.