The hearing in the Florida case was closed oni
Thursday, February 8th. Next day the G)nimission \
met behind closed doors and argued the question for 1
many hours. ^ On one point, namely the eligibility I
of Mr. Humphreys, there were three Democrats —
Thurman, Bayard, and Clifford — who were willing
to take the Republican view;* but upon every other ;
important question the Commission divided on strict
party lines. And on strict party lines the Republicans
had a majority of one. By a vote of 8 to 7 it was \
therefore ordered that the four electoral votes of Flor- 1
ida should be counted for Hayes and Wheeler. ' The j
grounds of the decision, as stated in the report to i
Congress, were as follows: !



Disputed Election of 1 876 237

"That it is not competent under the Constitution and
the law, as it existed at the date of the passage of
said act, to go into evidence aliunde the papers opened
by the president of the Senate in the presence of the
two houses to prove that other persons than those
regularly certified to by the governor of the state of
Florida, in and according to the determination and
declaration of their appointment by the board of state
canvassers of said state prior to the time required
for the performance of their duties, had been ap-
pointed electors, or by counter^roof to show that they
had not, and that all proceedings of the courts or acts
of the legislature or of the executive of Florida sub-
sequent to the casting of the votes of the electors on
the prescribed day, are inadmissible for any such pur-
pose.
"As to the objection made to the eligibility of Mr.
