The Portland daily press., 1877-02-21

Benton Hankett having been been chosen by
the people as elector and he being ineligible on
account of holding Federal commission, there
was no provision in the law OF the Legislature
authorizing the college OF electors to appoint
another person in his place. The college OF
electors was authorized to fill vacancy, but
this was not a vacancy but a vacuum. Where
man who was once entitled to an othce was at
sent then there was vacancy, but where
an Office had never been filled there was vacu-
UNI, and that was the case here Hanchett hav-
ing been disqualified by the Constitution could
not be elected, whatever might be said at the
other erd of the capitol or amdships before the
Commission. He trusted the House would say
that no man should hold the office of Presiden-
tial elector who tle Constitution said should be
silent.
Mr.. Conger of Michigan said that the gem
tleman from Virginia (Tucker) might by his
warmth lead person who was not acquainted
with him to believe he thimself) had some con-
fidence in the objection. 1t was not the first
time great statesman had jumped to a con-
clusiOn without knowing the law He quoted
from the law of Michigan to prove that the
failure of Hanchett to appear at the meeting Of
competent for the other electors to fill the va
cancy and therefore Crossman had been fairly
appointed as an elector.
House Overrules the Objection.
After further discussion the House adopted a
resolution offered by Mr.. jerks of Pennsylva-
mia as substitute for Mr.. fuckers resolution
that Hanchett not having exercised the duties
of office for twelve years, the vote of the eector
objected to should be counted The Senate was
notified.
The Senate Does the Same.
Upon the return of the Senate to its chamber
debate upon the eligibility of d. L. Crossman,
| one of the Michigan electors was carr ed on
under the ten minutes rule.
Messrs, Bayard, Stevenson Maxey and other
Democratic senators argued that the evidence
| of disqualification in this case was not SUM
| cent and they would therefore favor the count
ing of the vote.
| read:
Resolved, That the objection made to the
vote of Daniel L. Crossman. one of the electors
of Michigan, is not good in law and is not sus-
| tanned by any lawful evidence.
Resolved, That said vote be counted with the
| other votes Of electors of said state notwith.
| standing the objection made thereto.
| The discussion was continued by Messrs.
Morton, Stevenson, Bogy, Herman, Sargent,
Morrill,, Mcdonald and Salisbury, and then
MI. Whyte submitted the following as sub
Ordered, That while it is the sense of the
Senate that no senator or representative or
person holding an Office of trust or profit shall
be appointed an elector and this provision of
| the Constitution shall be carried in its whole
| spirit into rigid execution, yet that the proof
| is not such as to justify the exclusion Of the
| vote of Daniel L. Crossman as one of the elect
ors of the state of Michigan, and that his vote
| should be counted.
The substitute of MI. Whyte was rejected
by strict party vote-yeas q. nays 49,
The question then being on the resolution of
Mr.. Allison, Mr.. Mcdonald moved to amend
the first resolution so it would read:
| Resolved, That the first objection made to
the vote of Daniel L. Crossman, one of the
electors Of Michigan, is not sustained by any
lawful evidence"
Rejected yeas 26, nays 3S-a strict party
vote.
resolutions, and the first one as submitted by
Mr.. Alison was agreed to-yeas 49, nays Ia
party vote.
The second resolution was unanimously
agreed to-yeas 6S, nays0.
Mr.. Christiancy moved that the House be no.
titled of the action of the Senate and also that
the Senate was ready to meet the House and
resume the count. Agreed to.
At 5.I5 message was received from the
House announcing the action of that body in
regard to the vote of CrossmaD, the Michigan
elector
Mr.. Allison moved that the Senate proceed to
hall of the House of Representatives to resume
the count. It was agreed to and the Senate
left its chamber
The Count Resumed in ! Joint Convention
At5.2O the Senators again entered the hall
The presiding officer took the Speakers chair
| duo tAo JOtub COuNcutl0u Iosuu6u ltS SeSStUu
The concurrent action of each House in over
ruling the objection in the case of one of the
Michigan electors was announced, and the il
votes of that state were announced as being cast
for Hayes ard Wheeler. Then followed the
state Of Minnesota with five votes for HAYES
and Wheeler, Mississippi with eight votes fol
Tilden and Hendricks, Missouri with Ii votes
for Tilden and Hendricks. Nebraska with three
votes for Hayes and Wheeler, Nevada with three
votes for Hayes and Wheeler.
Objections to Nevada.
Mr.. Springer of Illinois objected to the count
of one of the three votes Of Nevada, on thu
ground that the elector, G. B. Dagget, was al
the time of his appointment and for a long
time previous, and thereafter, continued to be
United States commissioner for the circuit and
district courts of the United States in the dis
trict of NeAada. The objection is signed by
Ohio, Savage. Sparks, Marsh and jerks, and
Senators Barnum, Wallace and Hereford
The objection having been read the Senator.
withdrew.
The House Wifhdraws and Takes a Re
| cess.
Mr.. Springer moved that the House take
recess till ten O'Clock tomorrow. At first
but several Republicans changed their vote
from no to aye, and the motion was declared
carried by vote of Sc to 81.
The House therefore at 615 took recess till
| ~ ClOCk IO-uOrrOW.
Who the Filibusiers Are.
As the vote on the question of a recess after
the separation of the Michigan count may be
regarded as somewhat indicative, the afima-
tive vote is given in full as follows:
Yeas-Ashe, Banning, Blackburn. Boone, Cabel
Caldwell of Ala Caldwell of Tenn Cate, Clark O.
Forney, Fuller Hamilton of Ind Hartridge, Hook
er, Humphreys, Hurd, Jones Of KY, Knott, Lander
of Ind, Lane Levy, Lynde, Mcmahon, Meade, Mil
liken Money, harrison, Mutchler, O'Brion, Odell
Philips of No. Poppleton, Rice, Russ of N. j., Say
Ter, Sparkley, ,Slemons, Smith of Ga, Southland
Turney, Vance of Ohio, Walling, Walsh, Whithome
Wiggington and Wilson Of W. Va.-57.
The Senate Overrules the Nevada Objec.
ton.
Upon returning at $50 the President bro
tempore stated that the Senate had withdraw
from the Joint meeting on the objection sub.
mltted to the state at Nevada. The objection
to the vote of r. M. Daggett, an elector from
that state submitted in joint meeting, was
then read and also the testimony of Daggett
taken by the cimmittee on the powers and
privileges of the House. in regard to his hold
ing the Office of clerk of the U. S. courts or
the 9th eff November last
Mr.. Jones of Nevada, submitted resolution
that the vote of r. NJ. Daggett be counted
with the other votes of Nevada, notwthstand-
ing the objections thereto.
This was agreed to unanimously and the Sec
rotary was directed to notify the House of the
action of the Senate.
that the hol &c had taken recess be fore he
reached the iall.
The Senate then took recess till 10 O'Clock
| tomorrow,