Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-03-10
NO. 10.

Resolued. That the certificate signed by +. A.
Cronin, J. N. r. Miller and John Parker, pur-
porting to cast the electoral vote Of the State Of
Oregon does not contain or certify the constitu-
tiona1 votes to which said State is entitled.
Justice Field offered the following as a sub
stitute
Whereas, J. W. Watts. designated in certif-
cate No. /, as an elector of the State of Oregon
for President and Vice-Predent on the day Of
election. VIZ, the seventh day of November,
1876, held an Office of trust and profit under the
United States therefore,
ResolUed, That the said J. W. Watts was then
ineligible to the Office of elector within the ex-
pressed terms of the Constitution.
Rejected-yeas, seven nays, eight, as fol-
lows:
Nays-Messrs. Abbott, Bayard, Clifford, Field,
Hunton, Payne AMI Thurman.
Yeas-Messrs. Bradley, Edmunds, Freling-
huysen, Garfield, Hoar, Miller, Morton and
Strong-8.
Justice Field then offered the following:
Whereas, At the election held ON the seventh
of November, 1876, in the State OF Oregon, for
electors of President and Vice-President, W.
H. Odell, J. W. Watts and j. L. Cartwright
received the highest number OF votes cast for
electors; but
Whereas. The said Watts then holding an
Office of trust and profit under the United
States, was ineligible to the Office of electori
therefore
ResolUed, That the said 0dell and Cartwright
were the only persons duly elected at said cleo
ton, and there was failure on the part OF the
State to elect third elector.
Rejected-yeas, seven, nays eight-the same
vote in detail as the preceding
Justice Field then offered the following:
Whereas, The legislature of Oregon has
made no provision for the appointment of an
elector under the act of Congress where there
was a failure to make choice on the day pre-
serihed bv law. therefore
RESOLVED, That the attempted selection of
third elector by the two persons chosen was
imperative and void.
Rejected-yeas, seven; ; nays eight Gas
above).
Mr.. Bayard then offered the following:
ResOlUed, That the vote of W. HSOdel and
the vote of j. G. Cartwright cast for Rutherford
B. Hayes, of Ohio for President of the United
States, and for William A. Wheeler, of New
York, for Vice-President of the United States,
were the votes provided for by the Constitution
of the United States, and that the aforesaid
Odel and Cartwright, and they only, were the
persons duly appointed electors in the State of
Oregon at the election held on Nov. Z, 1876,
there having been failure at the said election
to appoint a third elector in accordance with
the Constitution and laws of the United States,
and the laws of the State of Oregon and that
| the two votes aforesaid should be coul,ted, and
none other, from the State of Oregon.
| Rejected-yeas, 7 nays, 8, as above.
vote was then taken on Mr.. Edmunds' orig,
inal proposition, and it was adopted-yeas, 15;
nays, 0.
Mr. Morton then offered the following:
ResolDed, That W. H. Odell. J. G. Cartwright
and j. w. Watts, the persons named as electors
in certificate No. l, are the lawful electors of
the State of Oregon. and that their votes are
the votes provided for by the Constitution of
the United States, and should be counted for
President and Vice-President of the United
States.
Mr. Hunton moved to strike out the name of
J. w. Watts, which was disagreed to by vote
of yeas to nays
Mr. Morton's resolution was then adopted
yeas 8; nays 7; as follows
Yeas-Messrs. Bradley, Edmunds, Frelng-
huysen, Garfield, Hoar, Miller, Morton and
| Strong-8.
Nays-Messrs. Abbott Bayard, Clifford, Field,
Hunton, Payne and Thurman.
The decision of the commission was then
drawn up and signed by the eight members
voting in the affirmative.
On motion of Mr.. Morton the injunction Of
secrecy upon the acts and proceedings of the
commission, except as regards their report to
the Joint session of Congress, was removed and
the commission adjourned to meet i'll the su-
preme court room.
The report in substance is as follows: The
Electoral commission, having received certain
certificates and papers purporting to be certit-
Oregon, and certain papers accompanying the
same. and the objections thereto, report that 1t
has duly considered the same, and has decided,
and does hereby decide, that the votes of W.
II. Odell, j. G. Cartwright and J. W. Watts,
the persons named in the certificate of the
secretary of State of Oregon as the persons re-
ceiving the highest number of votes for Presl-
Dental electors, are the votes provided for by
the Constitution and that the same are law
Iully to be counted as testified to in the certif-
cate of said electors, namely, the three votes
for Rutherford B. Hayes, of the State of Ohio,
for President, and three votes for William A.
Wheeler, of the State of New York, for Vice
President
When the Joint convention reassembled, the
decision of the tribunal giving the vote OF
Oregon to Hayes and Wheeler was announced.
The presiding officer asked whether there were
objections to the decision.
Senator Kelly (Dem.), of Oregon, objected to
the decision, giving his reasons. The TWO
houses then separated
The action of each house ON the objection to
the decision in the case of Oregon having been
read, the presiding officer announced the two
houses again met in joint convention
The certificate from the State of Pennsyl-
vania, giving twenty-eight votes for Hayes and
Wheeler, having been read, and the presiding
officer having asked whether there was any
objection to the vote, Mr.. Stenger (Dem.),
of Pennsylvania, rose and objected to the
counting of the vote of Henry A. Boggs OF
Pennsylvania ON the ground that the electors
had no right to appoint him in place Of Daniel
J. Morrel who was rendered ineligible be-
cause an officeholder.
Attached to the objections are copy of the
Presidents commission to Mr.. Morrell certified
by the secretary of State, and the testimony
taken with reference to this case before the
committee on the powers, privileges and duties
the House.
When the readi was finished (there being
no further objection to the vote Of Pennsyl-
yania) the Senate retired.