The New York herald., 1876-12-08

printing OIL THESE ucposlttOnk uud ciFCuiatiou
them throughout the land 10 influence honest men who
desired TO do right
In reply 70 tho argument OF Mr. Edmunds he said
the President had the right 10 send Information 10
Congress TO the State OF the union but II was h,s
duty to ascertain IN advance II the Information was
true. The Senate rcpudiated Pinchback because the
Legislature which sent him here unlawful one.
THIS Returning Board was creature OF the same Leg
islature which elected Pinchback.
Mr.. wEsr, OF Louisiana, said therc was NO analogy
between the testimony before the Senate and that
OF 1871 II did not follow that tho whole state was
democratic party should go 10 work In Louisiana the
Senate would see machine afidavits. They were on
printed forms and were distributed throughout the
State, 10 bc sworn TO by any they could get He
defended the OF the Returning Board spoke
OF the frauds perpetrated by the democrats in tho
State.
Mr. BAYARD, (dcml Of Del, said Il was usual TO
print documents sent to tho Senate BY the President
but these papers not official and did pretend
10 be Official They not accompanied by any
OF the President calling Tor the action
OF Congress Tho Office of Preside nj OF the United
States moro connected him with tho election In any
other State than tho oice OF Senator connected hin
with such election. Therefore the whole action
leans was wi,hou. warrant OF law. il
the two committees In New Orleans had CO.
thcro would nave been combined scrutiny OF tho
count and the country would have had least
tempt to agree upon the law and tho facts. II thero
should be delay until the testimony OF the other sidc
was presented that both might be printed and 60
together he would not object Ho desired every TACT
made public connection with the Louisiana case. In
the position the Senate placed there bc
no shung, but every Senator must stand on the rock
ol law and truth.
TnE VOTE OF OREGON.
Mr. SARGENT, (rep.) OF California, said the Senate
had been told there must DO no shufling, no party
trick In this Presidential matter; that tho people
would not tolerate any such thing. He concurred in
these statements H0 then referred 10 tho action OF
20 cop o. ~
by vf Watts and said hat the people Of tho State OF
Oregon had been dciraudcd OF the intelligent vote
which they gave by this aciion OF the Governor This
partisan trick 1t was shuhllng Mr. Sargent then
quoted from the laws OF Oregon, and argued that,
under the law OF that State, If vacancy occurred
from any cause whether inchgibilisy or otherwise
the other electors authorized 10 MI such vacancy
He also quoted from the decision of tho New YORK
Court OF Appeals the effect that person receiving
a minority OF votes cast ut an election could not 30
considered elected on account OF The ineg:biity OF
another candidate. Rcsuming his argument he asked
VI stupcndous trick for partisan ends had ever
been played than this act Of the Governor OF Oregon
Electoral College shuilled out Of sight. He
thanked God that one whole centennial OF tho exist
encc of tho American people had passed before their
history recorded such an instance this.
Mr.. SARGENT also quoted IRON the OF Vance
against Abbott, contested election before the
Senate, In which the Senate decided that the dis
abilities OF Vance did not have tho effect electing
Abbott, his opponent. to seat IN the Senate IRON
North Carolina The democratic Senator'S were
unanimous IN holding this Wow and supporting the
decision. Ho next rcad from the law OF Oregon, re-
quring tho Governor TO deliver to the electors their
certificates and said, instead OF doing be delivered
them to Cronin. He asked II any Senator would de-
fond this act OF the Governor Of Oregon.
Mr. MEkRIMON, (ucm OF NJ u, suu tncrO had been
many respectable decisions both ways tho subject
OF whether the person receiving tho next highest
number OF votes elected in Of the inegibil-
ity OF the person receiving tho highest numboe.
Mr. MITCHELL, (rcp) OF Oregon, denied that tho
Governor OF State, mere ministerial officer, had
right 10 defeat the will OF tho people, had been
done by tho Governor OF Oregon.
Mr.. SARGENT, OF California, said no hoped tho demo-
Gratis would examine the nciarous proceedings OF their
Governor In Oregon and when they couid clear their
skirts Of that action let them dcnounce returning
boards in Louisiana When he saw q whole Electoral
College In state destroyed he was prepared believe
that the democratic party would do almost anything
get possession of the government 1hc republican
they rot il by fraud Tho republican party desired
and had desired powtr by tho far unbiased unintim-
idated voice Of the people lie (sr SargcnU would not
adhere party which built itself up by fraud
Mr. MoKroS said tho case could not be found where
tho minority candidate had been elected on account
OF tie incllg:by OF the person receiving the majority
Of The votes cast, The question had been settled lust
the other way IN the Senate, and had also so
decided In Tho House OF Representatives in the
John Young Brown, of Kentucky He then quoted at
length from English and American authorities
subject, and also referred TO The of Abbott
against Vance, contestants for seat tho Senate
from North Carolina. Abbott claimed 10 bc elected
because Mr. Vance wns disqualified; but tho Senate
ties, and Abbott was not elected. The samo principle
had been held in the case Of Yuiee, Of Florida,
many years ago, ane IN % tho case & Of General
nllow himself at this time TO characterize this
transaction OF the Governor OF Oregon. He believed
there we're four or nvc Instances where dem attic
electors were disqualified least TO extent OF the
elcctor Watts oregon The conduct Of the Governor
OF Oregon could ind no Justification 10 law in morals
tolerance OF tho people OF the United States all
partu s
Mr THURMAN also quoted extensively from the cases
OF Abbott Shields and Others and said he pro-
pared to discuss this question Hc road from tho
the clause declaring that person hold-
shall be appointed an elcctor &c and said there was
certainly disquaiifying clause Whether the others
knew OF the disqualification or not he was not pre-
pared 10 say. Whether the man receiving tho next
highest number oil votes elected account of tho
neligbil,ty Of the receiving tho highest number
was another question: which he (Mr. Thurman) would
not 60 into now.
Mr. EDMuxps, Of Vermont, said he had seen IL
stated in the newspapers that the Governor OF oregon
had undertaken say that the whom tho people
declared elected not elected Hc (Mr. Edmunds)
did not believe tins. II this should DO true. It
democratic virtuo and rcformy He did wonder
that the honorable Senator from OHIO (Mr. Thurman)
said he would hold mp little before arguing In favor
such action as that Of The Governor OF Oregon He
practice in both This country and England had been
just the opposite to tho doctrine ntained by tho
Tfe question being on the report OF the Committee
Printing 10 print the dcpositions taken In Louis
lana and sent the President by Mr. Shcrmans COM
mitcc, II was agreed to-ycas, 40; nays, 13-Messrs
Key, Mcdonald, R,ndoiph, Waiince and Herman voting
with the republicans in the affirmative.
Mr. MITCHELL, OF Oregon, submitted the follow
ing
Whereas Presidential election In the state
OREGON the people BY majority Of over LOO chose cleo
for President and William a. Wheeler. Tor Vice Presi
upon the pretcxt that W. Watts cecor thus chosen
wa; a. the ZINE Of % h, election @ deputy s.,.i
democratic electoral ticket that hc. Cronin chosen
and elected In the face Of the and undsputed
tn lac had defeated BY the majority before stated
whereas the placed In hands OF tho said
4. A. Cronin the certificates the other
chosen Tor Hayes aud Wheeler, instead OF putting
them into their hands, the required who aimed
them in his possession and refused exhibit them and
Whereas this T. a. cronin assumed appoint two elect.
and with pretended to tho electoral of
the State aud certified the President Of the Senate
aud whereas tho actiIn Of the said 0uvcrnor in
certificate OF election said cronn wholly
lied. Illegal and fraudulent and violation Of
rights OF tho people OF Orcgon and the action OF said Cronn
In assuming 20 elccof aud appnit others
wholly fraudulent and wickcd therefor
Resolved. &c. ThAt the Committee Privileges and
Elections IL hereby instructed investigate tho facts
tending the appointments Of said electors and pretended
electors their action electors electors
action o the Governor tho state In
TO them and report the the Senate. and for
tai. employ sfenogaphcr. f0s
and papers. administer oatns and examine witncsse
ordered to be printed and lie on the table,
Mr. HOWE, rep oil WIS, introduced N bill to re-
strain unauthorized persons from assuming to act as
electors Tor President and Vice President. Referred