The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-13
F0RTY-FOURTH CONGRESS
WAsHINGToN, December II.
SENATE.

|
harbOr., may be referred to the Commit
tee ON Commerce, which committee shall,
before reporting them back to the Senate,
refer them to the secretary Of war and
chief of engineers, which officers shall
inquire and report rs to the expediency
OF the proposed improvement. Referred.
Mr. Bogy presented the memorial OF
himself and Senators Stevenson and Nc
Donald embracing the report of the DEM
ocratic committee which witnessed the
count of the votes by the Returning
Board in Louisians. Ordered printed
The resolution submitted Yesterday by
Mr.. Bayard directing the Attorney-Gen-
eral TO inform the Senste rs 10 the mum.
Der of Deputy United States Mar
shals employed on election day, WAS
agreed to, with an amendment submit
ted by Mr.. Edmunds requesting Attor-
ney General to also communicate to the
Senate full statement as to the nccessl.
ty for their employment, the object
thereof the nature OF their duties, etc.
The Senate then discussed the resolu-
tion of Mr.. Mitchell providing for an in
vestigation in regard TO the appointment
of Cronin the Presidential! elector in Ore
gon.
Mr.. Davis introduced bills making ap-
preparations Tor continuing the improve
ment of the Great kanawhs river in
West Virginia and the Monongshela
river in West Virginia and Pennsylva-
MA Referred.
Mr.. Merrimon introduced a bill to
amend section LAG of the revised statutes
of the United States, in regard to vacan-
cles in the Office of President and Vice.
President. Referred.
Mr.. Mitchell said he did not intend to
90 into discussion OF the question of the
electoral vote of Oregon; 1t would be dis
cussed hereafter by more able men. 1t
was not often tnst the country was
startled.as it had been by the violation OF
law by the chief executive Of the State
OF Oregon. The Constitution OF that
State, in specifying and defining the
duties of the Governor, says: "He shall
take care that the laws be faith
fully executed" 1t also provides that,
sin all elections Eeld by the people the
person or persons receiving the highest
number o: votes should be declared duly
elected, and further that the vote for
presidential electors should be canvassed
IN the same manner rs the votes for
members ol Congress, and that the gov
ernot should issue his certificate of cIec
| tion ~ the person or persons having the
highest number oi votes" The law no
where gave the governor jurisdiction to
enter INTO the question of the eli
giblity of this or that man. This
was not the case where the officer COM
united an error OF judgment, but case
where the officer had taken jurisdiction
| without any authority of law, He
thought, with all the facts before them,
there would be none here, or elsewhere,
or hereafter, statesmen or politician, that
would have the hardin cd TO defend the
act of the Governor OF Oregon IN issuing
a certificate TO Cronin and refusing TO
issue one to Watts.
Mr.. Morton said he desired very
briefly to present some authority on the
| subject, which he had not with him when
the subject was before them.
Mr.. Morton then quoted from the Cal
itornia case of Saunders VS.. Hayes, when
| the court held that the ineligibllity OF
of the persons receiving the highest num-
Der OF votes did not elect persons recelv-
| ing less number.
He next quoted from the Wilkes case, in
England, and said it had been stated that
under English doctrine the minority
candidate was elected where the major
ity candidate WAS ineligible. In every
English case which he had examined the
minority candidate hsd not been elected,
unless actual notice Of the inellsiblhty
of the person receiving .he majority had
been gwen the voters before the cleo
ton.
Mr.. Sargent said ne knew something
about Pacific slope politics, and he did
not think it had been proclaimed by the
Democratic speakers throughout Oregon
| that Watts was ineligible.
Mr.. Mitchell said he spoke twenty
times during the late canvass, and visited
every county in the state. He never
heard any question raised rs to the eIlgl-
bility of Watts, either by Democrats or
Republicans. He left Oregon for San
Francisco and heard nothing OF the incl
| 4. l., .,,.I,l "A,
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would have changed the ticket ri once.
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"us rug 'I" "c LjI @ ara,menI Hetban rs-
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