The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-26
The Electoral Count.
The FiIibusfers Beat
en-
The Oregon Vote Counted
i'm Joint Convention.

message to the House, informing that body that
the Senate was ready to proceed with the count
of the electoral vote.
The Speaker presented communication
from ,Justice Clifford inform ing the House
that the Electoral Commission had considered
and decided the question submitted to it in re-
gard to the votes of the state of Oregon, and
had transmitted its decision to the President of
the Senate.
Mr.. McMahon offered res )lution directing
the clerk of the House to mott fy the Senate that
the House would be ready at o'clock today to
receive that body for the purpose of continuing
theselectoral count.
Mr.. Wilson of Iowa raised the point of Or
der that nothing was in order but a resolution
to notify the Senate that the House is now
ready to receive that body He therefore offer
ed that resolution, calling attention also to the
fact that the very moment the Commission re-
ported that 1t had come to decision the hall
of the House.was as much at the disposal OF the
Senate as of the House.
The Speaker ruled that Mr.. McMahon's reso-
luton was in order, but Mr.. Wilson's resolu-
ton could be offered as substitute, and it was
so offered and agreed to. Yeas 145, nays 81.
The question was then on the resolution as
amended.
Mr.. Vance endeavored to move for recess
until Monday, but was not recognized and the
resolution, as amended, was agreed to. Yeas
157, nays 49,
Mr. McMahon moved to reconsider the vote
and Mr.. Hale moved to lay the motion on the
table. The latter motion was agreed to-yeas
175 nays a.
The Speaker then directed the clerk to notify
the Senate of the action of the House.
At 80 the Senate joined the House.
President Ferry made the usual announce
ment, and the decision of the Electoral Com
mission in the Oregon case was read by the Sec
rotary of the Senate.
The brief ground of this decision is, that it
appears upon such evidence as by the constitu-
ton and law named in the act of Congress is
competent and pertinent to the consideration
of the subject, that the electors have been law
fully appointed, and that they voted at the
time and in the manner provided by the con.
stitution of the United States and the law.
And they are further of the opinion that by
the laws of the state of Oregon the duty of
canvassing the returns of all votes given at
the election of President and Vice President,
was imposed upon the Secretary OF State and
upon no one else; that the Secretary of State
did canvass these returns in the case before us
and asceItained that j. G. Cartwright, w. Fl.
Odell and j. W. Watts had a majority Of the
votes given for electors, and had the highest
number of votes for that office, and by the ex-
press language of the statutes these persons
| are deemed elected. In obedience to his duty
| the Secretary OF State made a canvass and tab
| ulated statement of votes, showing this result,
| which according to law he placed on file in his
| Office on the 4th of December 1876. The re-
| fusal or failure of the Governor of Oregon to
| sign the certificate of election of persons so
elected does not have the effect of defeating
| their appointment as such electors. The act of
the Governor in giving to E. A. Cronin certi-
| ficate of his election, though he received
thousand votes less than Watts, on the ground
that the latter was ineligible, was without au-
| thority and is therefore void.
Senator Kelly offered the only objection to
| the decision and the Senate withdrew.
| Upon reassembling at Il. 10 the President pro
l tempore said the Senate having returned from
| the Joint meeting in the House on account of
| an objection to the decision of the Commission
/ in regard to the vote of Oregon, that objection
won I'd now be read.
The Secretary then read the objection present.
| ed in the joint meeting.
Mr.. Sargent then submitted the following:
Resolved, That the decision of the Commits
l sion in regard to the electoral vote of Oregon
| stand as the judgment of the Senate, the OBJ
| lection made thereto to the contrary notwith-
| standing.
| In the Senate the discussion was opened by
| Senator Kelly of Oregon, who argued in oppo-
stion to the decision that Watts was ineligi-
BILE.
Mr.. Merrimon could not give the sanction of
his Judgment to the decision Of this Electoral
Commission. He then quoted from the Consti-
tuition as to the right of states to appoint cleo
| tors, &c, and argued it was the right and duty
of the state to appoint the electors, but the two
Houses of Congress ought to inquire whether
| the Constitution and laws of the United States
had been complied with.
| Mr.. Anthony referred to the Rhode Island
case, alluded to by Mr.. Kelly, and said the Su-
preme Court of this state decided as to the in
eligibility of an elector who held Federal
Office, but it did not decide that the person re-
| ceving the next highest number of votes was
| elected in his place.
Mr.. Morton said: believe it was not argued
| by anybody upon the Commission that Cronin
was elected, that Tiden had vote in Oregon,
but the minority of the Commission took the
ground that there were but two electors chosen
| in Oregon, and that Hayes had but two votes
in that state: Watts was postmaster at Lafay;,
| cite on the 9TH Of November. 1t was argued
| therefore that he was not elected. That the
election was failure SO far as he was concern
ed, and that but two were elected On the 18th
| of November Watts resigned. On the 18th his
| resignation was accepted, and on the same day
| the Office was transferred to another and to
another building. When the electors met on
the 9th of December Watts handed in his resig-
nation as an elector and was afterwards chosen
l to fill the vacancy and cast his VOTE
| Although Watts was not postmaster or an
| Office holder on the 9th of December, when the
electors voted, it was argued that there was no
| such vacancy in the college of electors as that
college had right to fill, and that therefore
the election of the college was nullity. On
| the other hand, Watts, Odell and Cartwright
received majorities of the peoples vote, ranging
| over 1000 above their highest competitors. The
| Secretary of State canvassed the vote on the
| 4th of December, and made his certificate of
the result, showing the election of Odell, Cart
W
of the Secretary of State. The Secretary of
State was the canvassng or returning officer
| for the state of Oregon.
He read from the Oregon statutes as to the
duty of the Secretary of State, and resumipg his
remarks said the law declares that the person
having the highest number of votes is elected,
| and it requires no declaration of any officer on
| that result. The duty of the Governor is i'm
| perative to sign the list which is made out by
| the Secretary Of State, who as in the case of
Il members of CONGRESS-. ia made the cauVaSSinp
and returning officer. The Governor is no part
| of returning board; has nothing to do with
| the canvassing of the votes, but is absolutely
required to sign the list made out by the Secre-
| tary of State.
1T was contended by a majority of the Com
| mission that the law authorized the college of
| electors or majority to I'LL vacancy arising
from any cause, from death, refusal to act fail.
ure to attend. failure to elect, from any cause
| that can be imagined. 1t was the purpose to
give the college of electors the right to fill any
vacancy, so that the state of Oregon should be
| fully represented in the electoral college. The
| college of electors exercised this unquestioned
| right. Watts, on the 9th of December was not
federal officeholder. He was as completely
| qualified as any citizen of Oregon, We hold,
therefore, that it was wholly immaterial
| whether he was postmaster on the 18th of No
vember or not because if he was not a federal
| otficeholder on the 9th of December, if he was
| then qualified, that brought him within the
| meaning of the Constitution.
Mr.. Conkling said: Mr.. President-Oregon
| meant to appoint the Republican Presidential
| electors. The people of Oregon, by plain and
| undenied majority, honestly and Intentionally
| voted for the Republican electors.
Two certificates having been received from
| Oregon the question of the count of her votes
has been examined by the Electoral Commits
sion, who have sent us two decisions First, a de-
cision that the vote ought to be counted as the
people Of the state really and honestly meant it
to be counted, as they declared it should be
counted. Second, statement Of reasons BY
| which the decision was reached by the Commits
sion. On the first matter thus reported the
power to utter the voice of that state meant
that they should speak. My vote here will ex-
press this Judgment, all beyond this I discam
In the brief moments allowed to this discussion
an argument would not be possible. 1 shall
therefore attempt no argument of my reasons
Indeed, could an argument be made in the ten
minutes given to each Senator, would not at
tempt to make one. L will do nothing to defer
for moment the conclusion of the Presiden-
tial count. On the contrary. L will ia every
lawful way hasten the proceedings to the end
at the earliest hour, that the vote of the last
state may be counted namely, the decision that
Oregon's vote should be counted as designed
and directed by the people of Oregon. The
Senate is called on to express its judgment.