The daily gazette., 1876-12-14
In Congress Yesterday
SENATOR BAYAhD ASKS A HEAR
ING For GOVERNOR GROVER.
THE OREGON ELECTORS.

Mr.. BAyARp Drl.) said he hoped the
Senator from Oregon, (Mr MitchelD
would not object to an amcndsnt to the
preamble of this solution, so rs to en-
able some of those of the Democratic side
of the Chamber to vote for it. For one,
he was desirous of having all the intor-
nation which could be obtained in re-
now coming before the people of this
country. There could be just sufficient
recital of affairs in ths preamble to .justi-
fy the inquiry without rejecting on the
Governor of one of the States of this
Union. Anything and everything which
tended to defeat the great majority prin-
ciple of this republican government he
| (Mr. BAYARD) looked upon with disfavor
| The will of the people expressed accord
| ing to law, should be held as the controll-
ing power.H regretted that there should
have been such question as this grow
ing out of the vote of the people of this
Union or any State thereof. His leans
ings were altogether in favor of the abso-
lutte popular will of the people expressed
according to the forms of law. In this
denounce in advance the action of an
officer clothed with official power. He
was not prepared to say that man who
had heretofore stood high in the commu-
nifty where he had resided, where he had
been elected TO the office of Chief EXecu-
tive ofthe State, had not carried out the
! laws of the United States and his State
hunorably. The Senate had no right to
suggest moral or official delinquency in
- hntnr, investigation In
| time like this nothing less than Justice
untantcd by party would satisfy the
minds of the American people. In GER
tain States the law had been 80 construed
and declared rs to justify the course of
Governor Grover. In 1860 the Supreme
Court of Indiana. in the well-known case
of Gulick against New, rendered de-
ciSion that The Governor of that State
| could determine, even against the decis-
| ion of "a board OF canvassers, whether AN
| applicant or person voted for WAS entitled
| TO receive u commission or not. He next
quoted from the case of Price against
| Baker, before the Supreme Court of In
diana in 1872, to show that in that case,
| AZ well as the previous case IN 1860, the
doctrine was announced that where
majority of the ballots at an election
We're cast for an ineligible candidate
they were Intellectual, and the person re-
ceiving the next highest number of votes
was entitled to the office. In 1872 the
Court was composed of new judges, there
| being but one on the bench who occupied
| a seat there in 1860, when the first decis-
| ion was made. Mr.. BAYARD read at
| length from these decision and, resuming
his argument said: Every one must
see how unjust it would be 10 declare
that the Governor Of certain State had
! done certain act before learning all the
| facts II would be the duty of every mem
ber of this Senate to decide judici2lly
upon the action of the Governor of Ore
gon, and he would obediently wait and
| respectfully consider any information
which the committee might obtain but
he would not condemn the officer in &d-
vance.
| IL would NOT do to hurl anatemls and
| i-nunciatlon5 AT IL man who pa pahly
with legal authority at his back had
| chosen ~ cousirue his duty in IA certain
| way. IL Mr.. BlyIrdl could not don bt
| that the motive II Governor Grover was
IN no ur blr and upright one, because
| -ucn hluHta"l,' action would 5e iii con
! -oh4er with ht~ previous life. ii" neK'
/ qtir''... IN '.l- e. isr OF French against
| rJiand, 'i.''id. ii IN the Court Of common
| Plet> oi l.t land III ls72 when IL was de-.
| u ..-d thtr NArr. 4 majority cAuuldatr
! wt- ineligible Ia" vote. Tor sucI uanli.
dat VIZ turoyn away, and minority
| can ll'..l't wt7 ..'-''ieI li@sumlnE nl-lr-
! n tra M Bayea .,-id he would u"y r
| d + Nv N!.l ..e prODl by =
lcaiiiJ ut.u = required 70 Dob 50 ~
! IL strongest law. 1T he could tie helu
= sGcn .,r'IJu - NV. and tna S.iAie
-n9uId dtu-rn'ly inquire into al! the
facts. h inD.~I 10 strike the pre- In ble
20 the resolution A. presented 10y the
senate from y ,-sou NJ. Mitchell and
l..
UiUTens II il allegei that the Governor
| Ot The State of Orego has issued a C .rtiii-
c4I.f Of election Ia one T.. \. Gronin, rs one
the electors OF said STATE ihsteai OF Issuing
such cert ificat. u one j. w. Watts. all g
Ing that said Watts was ineligible To said
Office Of el-ctOr on November 4 1876 the
tim Of said election. therefore be it
Res1|,et That the Committee on Priv
lfsigea and Elections IL hereby instructed
~ Investigate. 4c.
Mr.. b1yard, in conclusion, argned thai
Couxress must decide the questions now
before II rh the most scTupulous re-
gard for laws. Laws had thelr poii ID
! u tests. and our laws never had lem
more fOsIsly brought 70 the test than
now.
! Pending the discussion Mr.. Rdmands
called for the regular order, and thy
reso.u'iDu went over.
MI. VI . e al his own request, wa,
/ excused ilOm f1Eter service as me- III ''-l
II of tle C1ma.Iitee ou Privileges and Fl
ectlons, and alr Sargent Cal was ap
polnie 10 hd - vacancy. In reques,
c lag ne e1c47ea alr. Mitchell said he dlC
e not deslr" 10 SINK any duty imposed OF
nm ny tn" 9en L, tu', IN justice 10 ih
u constituent be @pHId no. leave H.. cit,
# nov to visit tiuutt,a a, a Il, .uih.r Of II,
sub comm IT," OF tn" C1in,.t'ee on Priv
ilrges an IL, g ioe-
The Senate then Irsumed cou,idera
ton of the regular order, beng tn,. ioin
resolution proposing an atn"udIu-nt /
the Constitution SO ls 70 have IN. el.f
~ torhl vote counted by tine Supr-tn
= Court.
|
II DUBLIc SALES