The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-12-13
.4 VOLUME xxv--NUMBER s5

and never heard any question raised as |
the eligibility Of WattP, either by DENT
ocrats, or Republicans or In any neWspl
per. He left Oregon on the 1lth OF No,
for San Francisco, and he heard nothin
Of the lneligibility Of Watts until b
reached that city. 5N g.
Mr.. Morton said everybody knew ii
desire Of both political parties for SUI
cess. II the attention Of the Reput
licans Of Oregon had been called TO III
fact that Watts was ineligible they woul
have changed the ticket at once. NJ
Morton again quoted from numeror
English and American authorities In SUI
port Of his argument. He then referre
| 10 the action OF the Governor Of 0regol
and said the eligibility Of Watts was
judicial question with which Goyerno
Grover had nothing 10 do. He had n
right TO decide II. The Governor had
ministerial duty TO perform by issuin
certificates to those who received th
highest number OF votes, and 1t was
clear usurpstion Of power on his part /
Try to decide upon the eligibility Of Watt
It was u palpable wrong for which nj
excuse could be offered. Under an olt
English law, persons executed for Grim
were buried BY the roadsiae, and ever,
one passing cast a stone at the grave 81
that the monument Of the criminal nigh
grow up with each generation. In re
gard to this Oregon transaction, ever,
future historian would add comment
from generation to generation II woul,
increase In magnitude.
Pending the discussion, Mr.. Edmund
demanded the regular order OF business
being The joint resolution proposing al
amendment to the Constitution so as L
have the electoral votes counted by III,
Supreme Court. fl.l III. Z:
Mr., West submitted u joint resolution
extending the time for making the re
port Of the committee to inquire into Tho
possibility Of reducing the army, nuti
January 20, 1877. Agreed To-. - :
The Senate then resumed the consider.
alton Of the regular order Of business de
msnded by Mr.. Edmunds, andthe amend
ment proposed by the Committee OF
Judiciary, providing that the Court ID
making the count shall disregard errors
ofform and be governed by the substan1
tial right OF the matter, was agreed 10.
Other amendments OF the committee ol
verbal character we're agreed TO.
Mr. Edmunds submitted an amendment
TO the amendment proposed by him few
days ago, makingt the measure applicable
to the present Presidential contestin case
II be ratified by three.fourths Of the
States, etc., so as to provide that the
Court shall fix q day not later, than the
10th Of February for the count, and pro-
coed with it from day to day It'll disposed
Of. Agreed to. ! --1-tA 7.-'J-i. ~ y
A joint resolution VISA then reported
TO the Senate and the amendments made
in the Committee Of the Whole concur.
red In. I
Mr.. Merrimon proposed 10 amend the
ID section OF the joint resolution so IA to
read: "No person holding the office Of
Judge Of the Supreme Court OF the
United States shall be eligible to be elect.
ed rs President or Vice President, or ap.
pointed to any office Under the United
States till the expiration OF four years
next after he shall have ceased 10 be such
Judge" Mr.. Merrimon said the objec,
OF his amendment was 10 cut off any hope
Of Office that Supreme Court Judge
might expect at the hands OF a Presi'
dent.
Mr.. Edmunls said he would not op.
pose the amendment submitted by the
Senator from North Carolina (Merrimon).
He did not understand that the measure
now proposed would impose political
duty on the Supreme Court any more
than its duty now, when called upon, to
decide the constitutionality Of any law
passed by Congress, was political one.
This measure was TO apply the supreme
law OF the land 10 4 statement OF facts
presented 10 the court. -.
Mr.. Merrimon argued that the effect
OF this proposition would be virtually to
make the Supreme Court q national re-
turning board for the election OF Presi.
dent, and it would be brought into con.
tempt. The dignity, integrity and sacred.
ness OF that court should be protected
and shielded, not only by the legal pro.
fession, but by the whole American peo.
pie, from the ealumnies too often in.
dulged in by both political parties.
The amendment OF Mr.. Merrimon was
agreed 10. ID .l,i0tg1S Aii C3a %
Mr.. Conkling, in reply to the question
Of Mr.. Key, said that one, object OF the
Judiciary Committee in requiring the
electors to vote rita roee instead ofby bal.
lot was 10 have The provision OF the Con.
stitution forbidding the electors to vote
for candidates for President and Vice
President from the same State carried
out. , II allowed TO vote by ballot this
provision Of the Constitution could be
violated, but il the electors were required
10 vote ripa toee II could not be violated.
The question being on the final pass.
age Of the resolution, Mr.. Bogy said that
he desired to speak on this subject, but
had not had an opportunity to prepare
himself yet. He asked that further con-
sideratiou Of the joint resolution be post.
ppned until Tomorrow. ,,pa a' ts
Mr. Morton. said that the subject was
Of great importance, and he trusted that
It would be laid over, until Monday next
that the Senators might have time TO ex'
anime into II. a '4 i' .'". ID,
Mr.. Edmnnds said Il was not his inten.
tion unduly to press this subject before
the Senate, but the Senator'S could not
shut their eyes to the fact that the prea-
ent condition OF affairs was unsatisfuc-
tory, and II fthere was, any way to settle
this serious difficulty, one, which alarms
q great many people, that way should be
taken as speedily as It's due consideration
would allow. This matter had been on
the tables Of the Senators since, last ses-
sion and he couldinot consent to its post
ponement until next week. BE did not
ieel at liberty to press 1t to vote to-day
and therefore would not oppose the re-
quest Of the Senator from Missouri,
(Bosy) to allow Il TO lay over until to-
morrow. Thetmatter should be acted on
as speedily rs possible, in order that the
other house Of Congress could have time
to act onit and The Legislatures Of three
fourths Of the States to have time TO rati.
fy itif acceptable. On the other hand, II
Il should fail, Congress should not be
slow in finding some other means Of Us.
,he!redult Of the last Psesiden.
tisl election. 20 ~
Mr.. Morton again opposed the meas.
ure aud said the Senate Was called on to
re.ehact BY Il the Electoral College with
4. n IL. fat1iIa ard ataa a nsavi0tnn NJ the