The New York herald., 1876-12-13
CRITICISMS ON GOVERNOR GROWERS ACTION.
The Amendment Giving The Counting Of the Elec-
toral Vote TO The Supreme Court
Debate in the House on the
Joint Rules.
SENATE.
WASHINGTON, Dec. II, 1915.

luton providing for an the govern
ment of tho Senate, tina, the River and Harbor Ap.
preparation bill and tho amendments proposing appro
prations for tho Improvements OF rivers and har-
bors he referred TO the Committee on Commerce.
which committee shall, before reporting them back
the Senate refer them 10 tho Secretary OF Var and
thief Of Engineers, which officers shall inquire and
report Ms TO the expcdcncy OF the proposed improve
nent Referred TO the Committee on Rules
The report OF The Postmaster General then taken
rom the table and referred to the Committee Post
Oces Post Roads, and that Of tho Secretary ofthc
Treasury to the Committee on Finance.
pRPUTy MARsnALs
Mr.. EDMuSls lrep.l of VI, called up the resolution
submitted yesterday by Mr. Bayard, Of Delaware, III
recting the Attorney General to communicate to the
segate the total number of deputy marshals employed
throughout the United States, in connection with the
election OF November last, stating tho number so
employed in each State and each voting precinct re-
spectvely. and the length OF time employed.
Mr.. Epauxps submitted amendment directing
The Attorney General also to furnish the Senate with
full statement OF the and necessity Of such
poyment tho object thereof what duties they to
perform how far they performed the duties and the
nature thereof
Tho amendment was accepted by Mr. Bayard and
the resolution amended then agreed to.
THE LOUISIANA COMMITTEE.
Mr.. BoGy, dem. OF Mo-, presented memorial,
ngncd by himself, Senators Stevenson and Mcdonald
embracing the ropor; Of the Democratic Committee,
whcn witnessed the canvass by tho Returning Board
In Louisiana heretofore pubishcd) Ordered to bo
printed
OREGON ELECTORS.
Mr. MITCHELL, (repI OF Oregon, called up the resolu
ZION reported by him yesterday from the Committee
Privileges aad Elections directing that committee
inquire INTO the facts attending The appointment Of
Presidential electors IN oregon.
Mr.. wryTs, (dem.) of Md, said he had objection
10 the resolution providing The preamble be dropped
He could not vote Tor the preamble, which declared
that certain persons were elected II one OF these
PERSONS nclig bile he was not elected.
Mr.. MITCHELL SAID he did not intend to so into any
discussion tho question of the electoral oil Ore
gon II would be discussed hereafter by more able
men, II that the country. was startled,
MS It had been. by violation Of law by the CHEF
ccu:ve or the State ot oregon The constitution OF
that State in specifying ard defining the duties OF the
Gnv.,nar' H. Shall iaLe care thai ,he In be
iaithiul,y executed 1t also provides that, IN all
elections held by the people the person persons
receiving the highest number OF votes shall be
declared elected, and further, that the vote
for Presidential electors shall be canvasscd
ia the same manner as votes for members OF Con
krcss and that the Governor shall issue his certificate
VI election 10 the person persons having the highest
number of votes. The law nowhere gives the Cover
a"r jurisdictions to enter into tho question OF the eli
,slty OF this or that map This is not case
the officer has taken jurisdiction without
.y authority OF law He thought. with all the facts
before them, there would be none here or elsewhere
~ hereafter, statesmen politicians who would have
the hardhooi TO defend the act Of the Govcrnono Of
" ISSUE It TO Watts.
Mr MORTON said he desired very briefly to present
some authorizes on this subject which he had not
wt.h HIM when tho subject was before them Mr.
orton then quoted from the California vi Saun
aers against Hays, where the Court held that the
iaehsbilty Of the person receiving the highest num-
bcr OF votes Ind not elect person receiving less num-
bcr He next quoted from the Wilkes case, IN England,
AID sail had een stated that under English doctrine
minority candidate was elected where the majority
candidate was ineligible In every English case which
he had examined the minority candidate had not been
elected unless actual notice OF the neigbiity of tho
person receiving the majority had been given voters
before the election Mr.. Morton next read from tho
New York reports 10 show that u had been decided In
that state that the nelgibiy o the person receiving
III. highest number OF votes did not elect the minority
sandi1atc.
Mr. SALISBURY, ldem of Del, said the Governor of
oregon in his statement of facts attending his action,
iaid persons VINO voted for Watts had business with
ais office and knew that he was Postmaster.
Mr Mogloy replied that perhaps no, one person In
thousand knew that holding the office OF postmaster
iisqualiaed him from uelng eicctor Perhaps there
vas not one man III the convention when placed
.ectorai ticket in nom who knew that holding
tbe Office oI postmaster disqualified person as Prcs
dental electar Governor rover claimed in his letter
that his sustained hy boin tho Enslish and
New York authorities; but he was wrong, as he was
not sustained by either
Mr MANY dem oi Texas said the ineligbility OF
Mr.. Watts was spoken OF by democratic speakers IN
! Oregon during the campaign.
Mr. LOGAN said--Supposc every voter IN the stale
was notified that Watts was Ineligible. that did not
elect the other man.
aed that. where voter had been specially nouned OF
The ipeigipilty OF candidate and persisted IN voting
minority candidate was elected. But III this country
teen ncid that even snch direct Information OF
.hc ncltaibliy oi candidate did not elect the minor
~ candidate.
Mr. s.nGgSr, trep. OF Cali said be knew something
about Pacinc slope politics, and he did not think had
been proclaimed by democratic speakers hroughout
Oregon that watts was Ineligible
Mr. Mircnsli..oi oregon said he spoke taenty-hvc
during ihc late crmpaign, aud visited nearly
every county III the Siaic, and nc never heard any
question raised as 10 the eligibility OF Watts, citherb
democrats or republicans, or IN auy newspaper. He
et oregon the ilth 0t November Tor san Francisco,
md heard nothnr oi the ineigibty OF Watts Til he
Mr. NosroS SAID everybody knew tho desire of both
poica parties for success. II the attention 81 the
republicans OF oregon had been called 10 the tact that
Watts ineligible they would have changed Tho
iickct once. Mr. Morton again quoted from numer-
pus English and Amcticar authoriues support VI
his argument He thou referred TO the action OF the
Governor OF oregon. and sad me eligibility OF Watts
was a Iadei question with whicn Governor Grover
had noihing Ia do Hc had no right 10 decide H. The
Governor had ninis,cria duty 10 perform by ISSUING
hrs verGcate 10 those who received tho highest mum
ber OF votes, and 10 clear usurpaiion
u power OF his part to attempt 10 decide
apon .hs elcb''iy 81 watts II wss a
paipable wrong, Tor which no excuse could TO
offered Under OLD English law persons executed
Tor crime burned by The roadside aud every ono
who passed cast stone at tho grave, that The monu-
mcnt OF The criminal might with each genera
Hon Ia regard TO this oregon transaction every future
historian would add a comment from generation TO
xcncrator, which would increase It's magnitude
kpncSps AMENDMENT.
Pending discussion Mr.. EDnrSDs demanded the reg
niar order, being the joint resolution proposing an
amendment 60 the constitution so as TO have the clcc-
Iorai vote counted by the Supreme Court
Mr. wssr submitted joint resolution extending the
lime for making tho report OF tho COMMISSION 10 In
luire The feasibility Of reducing Tho army until
January 29, 1877. Agreed to.
Tho senate then resumed the consideration OF the
regular order demanded by Mr.. Edmunds and tho
amendment proposed by thc Committee on the Ju-
dcary providing that tho court in making the count,
shall disregard OF torn and be governed by tho
JuDstantai right OF the matter, was agreed TO-
OtLer amend OF tho committee oil verbal
character were agreed TO.
Mr. EoNuxos submitted. an Amendments TO the
amendment proposed by him few days ago making
lhe measure applicable TO the Presidential contest IN
II be ratied by threeourihs OF the states &c,
20 a. 10 provide that the court snail fix a day not
later THAI thc 10th OF February A. H., 1871 Tor tho
count and proceed with from day TO day until ~ -
disposed OF Agreed TO-
The JOINT resolution thea reported TO the Senate,
and the amendments made IN the COMMITTEES o the