The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-16
F0RTY-F0URTH CONGRESS
WASHINGTON, December 10.
SENATE,

isry on the 18th of July last, tc
amend the acts of July first and second
TO aid in the construction of railroad:
from the Missouri river to the Pacific
Ocean, was made the special order
for the third Tuesday of January next.
This is the bill which provides for the
establishment OF sinking fund tc
liQuidate the debtedness due from the
Pacific Railroad Company to the gov
eminent.
Mr.. Window, from the Committee
on Appropriations, reported, without
amendment, House bill to provide Tor
the payment of the electoral messengers
Passed.
The resolution providing for the iuves-
tigstion in regard to the appointment OF
the Oregon elector was then taken up,
and Mr.. Thurman took the floor.
Mr.. Thurman said his object was to
contribute something to the history OF
this Oregon case and to show that there
we're two sides to it. This was the reso-
luton calling for an investigation By the
Committee on Privileges and Elections,
and he was surprised that the chairman
of the committee Morton had prejudg-
ed the whole case. The Governor OF
Oregon had not scted SO palpably wrong
as to authorize the Senator from Indiana
Morton to declare that he was infamous.
The ineligibility of Watts was not denied
and it could not be said that the igno-
rance of the people of Oregon as to his
inehgibility gave him the right to office.
If this was so their ignorance was supe-
rior TO the Constitution of the United
Ststes. According 10 the argument Of
the Senator from Indiana, if the voters
of Oregon cast their votes for Goldsmith
Maid, the Governor would have been
compelled to issue n certificate OF cleo
ton to her. He argued that the COVER
nor of every state was called on every
day to exercise judicial power, and
the governor OF Oregon may
have concluded, us one of the
ablest lawyers in the country had con-
cludcd that he has the power to withhold
the certificate from Watts and issue it TO
Cronin. And that it was mis- duty to
exercise that power. He Mr.. Thurman
would not give his opinion as TO any TO
the questions involved He only want
ed to show that there were two sides of
this case. How could the Governor OF
Oregon certify that W ats was elected sc.
cordlng TO the Constitution, when he
was not qualified under the Constitution ?
The thing was forced upon Governo,
Grover and he had 20 decide it, and
therefore was not subject to the auathe-
mas which have been hurled against him.
In conclusion he sent to the clerks desk
and had read long opinion OF Judge
George HeodIey, ot Cincinnati, ~ ire-
Gently published in the Cincinnati Conn.
merciat, sustaining the course of Mr..
Grover.
When the clerk read paragraph in
regard to An alleged plan to nave Mr.
Sherman. of Ohio, made President of the
Senate for the purpose OF counting the
electoral vote, etc,
Mr.. Sherman said be wished 10 say
t;uat this whole story about n conspiracy
to elect him President OF the Senate
was simply newspaper rOorbscl,, with
out one word Of truth whatever.
Mr.. Wallace said it was but just to re-
member the obligations under which the
Governor o Oregon acted. He is exec
utve of a State and is also chosen to a
seat on the floor, and we are bonnd to
believe that he acted cOnscientiOusly in
the performance of his grand duty.
Amid a maze of authority quoted 1t is
plain 10 the law. As to whether
he can certify for the min
ori.y candidate is unsettled. 1t is
sur ~ y safer path to obey his oath
ana me supreme law than TO certify in
VIC 4.lOn of both. Is it not at least pre-
malure to censurc the Governor, whether
he sr right or wrong? 1t is safer to
eay, II to an enlightened view of the
law when we have the facts more fully
before u. My mind iHciines to the be-
lief that no third elector has been legally
appointed by Oregon. The statutes OF
Oregon themselves define what is
vacancy within their own meaning, and
case of failure 10 elect Is not included.
| it be the law, Ne Contended for, that
the majority candidate being ineligible,
and the minority candidate is not elected,
then there is no vacancy, but there is q
failure to elect. II 20, 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
make u choice Oh the day prescribed by
law, the electors may be appointed on
Subsequent day and in such Il manner
as the Legislature may direct II the
doctrine of our friends be sound, then it
follows that as the legislature OF Oregon
mas not provided by law for this case
that she has legally appointed but two
electors.
Mr.. Mitchell said that there VA, pre-.
sented in this discussion spectacle
wherein 10 Senator raised an" question
in regard to the vote OF the people OF
Oregon at the late election. |; Was not
denied by any Senator, any newspaper,
any man anywhere. of any party. .us. a
majority Of the votes Of the people o., the
state of Oregon at the late election we're
cast for the Republican electors.
Pending discussion, Mr. Window cali,
ed up the bill making an appropriation
to provide for the expenses Of certain
.pecisI commissioners, and on his motion
the Senate nonconcurred in the amend
ments of the House. and committee OF
conference WAS ordered.
The Chair appointed as such commit
tee Messrs Window. Logan and Levy,
Mr.. Wright gave notice that oil MOI
nav next he would call up the bill re-
ported from the Committee or Civil Ser
vice and Retrenchment, reducing the
salary of Presiden: Of the United States
from $4,000 to $4,000 per snnum. he
said thi: bill had passed Congress a. the
/ lat session and had been vetoed by the
President The Committee on Civil
Service ard Re,renchmelt had reported
IN isgor OF the passage OF the bill not
wlthstarding the veto. He would not
discuss the subject further. and on!!
asked for vote on Monday. Mr.
Wright also gave notice that tomorrow
or MenGay he would introduce bill! K
provide for the settlement Of the contest
. ed election case5 OF President snd Vice
President.
NJ II,,,,J- ssi4 no -ava notice the