The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-12-16

law when we have the facts fully before
ua. Ny mind inclines to the belief that
no third elector has been legally ap'
pointed In Oregon. The statutes Of Ore
gon themselves define what is u vacancy
within their own meaning, and the case
OF failure 10 elect is not included. II II
be the law, Us contended for, that the
majority candidate being ineligible the
minority candidate 10 not elected, then
there Is no vacancy, but there Is failure
to elect. II so, this brings the case
within section 1874 Of the United States
statutes, which Is:
"Whenever any State has held an
election for the purpose Of choosing
electors and has failed to make q choice
on the day prescribed by law, the electors
may be appointed on subsequent day
In such manner as the legislature Of such
State may direct, Ifthe doctrine Of our
friends be sound, then II follows that as
the legislature OF Oregon has not provid-
ed by Law for this case, that she has lie.
gally appointed but two electors.
Mr.. Mitchell said there was presented
in this discussion curious spectacle. No
Senator raised any question in regard to
the vote Of the people Of Oregon at the
late election. II was not denied by any
Senator, any newspaper, any man, any
where Of any party, that major.
ity OF the votes Of the people
Of the State Of Oregon at the late
election were cast for the Republican
electors. He (Mitchell was not sur.
prised that Senators on this floor de.
cIined to come directly to the front and
defend the action OF the Governor Of
Oregon. What he (Mitchell) wanted to
know to-day was whether any member Of
the Democratic party was willing 10 rise
up in his place and affirm the right OF
Governor Grover to adjudicate on the
eligibility Of Watts. They dare not do
It. He commented on the action OF Gov
ernor Grover and said 1t was & gross
usurpation Of power-a gross violation
Of law. He quoted largely from the Con.
stitution and laws OF Oregon and argued
that Senators on the Democratic side OF
the chamber had ignored the Constitu.
ton and laws OF the State. They had
evaded the question. The right to hold
olEicc was one Of the highest rights Of an
American citizen, and how was he. to be
deprived OF that right? certainly not by
an act Of an executive officer. Under the
Constitution and laws OF Oregon, II
person voted for as an elector that was
ineligible, his election must be declared
void by decision OF q competent tribun.
al, which tribunal was the Legislature Of
the State. That body had the power to
declare vacancy, and other electors un.
der the law Of tho State had the power to
Gil the vacancy, and in no possible event
had the Governor the power TO say some
one else was elected in place Of Watts.
He next referred 10 Louisiana, Florida,
and South Carolina, and said there was a
question in those States, as to which side
had the majorities Of the votes, but there
was no such question as TO Oregon pend
ing discussion.
Mr.. Window called up the bill making
an appropriation to provide for the ex.
penses Of certain special committees and
on his motion the Senate non.concurred
in the amendments OF the House OF Rep.
resentatiycs, and committee Of confer
ence was ordered.
The Chair appointed assuch committee
Messrs. Windsor, Logan and Levy.
Mr.. Edmunds called up the message
from the House announcing the passage
Of resolution providing for the appoint.
mcnt of committee to act with com.
mittee OF the Senate 10 devise some way
Of counting the electoral vote, and passed
u resolution referring tho message OF the
House to a select committee, to be'com-
posed Of seven Senators with power to
prepare and report without unnecessary
delay such measure as will secure law,
questions concerned herewith, and said
committee TO have power to confer with
the committee Of the House. Laid over
until Monday, and ordered printed.
After an executive session, the Senate
adjourned.