Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1877-03-01

Ele ,tors is final and conclusive evidence. Why
were the Governor and Secretary required to
sign these lists? II is because the chief execri-
tive of the State and the canvassing officer
should unite in declaring who is elected, and
when thus signed their signatures give it the
conclusive and final evidence which is required.
At the conclusion of Mr.. Hoadley's argument
the commission adjourned for the dav.
THURSDAY, Feb. 22.-Judge Stanley Matthews
addressed the commission in opposition to the
Cronin certificate (No. p. He contended that
the Governors certificate fell to the ground
when it was shown that it not warrant to
the electors for the performance of their duties.
The law of Oregon required that the votes
for electors should be given, received,
returned and canvassed the same for
members of Congress, and in the case of
members of Congress it was made the
duty of the Secretary of State to canvass the
votes. and there the statutory directions end.
The statute in relation to electors further pro-
vided that the Secretary of State should certify
two lists, showing who had received the highest
number of votes, and there the canvass
ended. The constitution and the law
stamped that record the legal and
constitutional result of the election
Mr.. Matthews combated the proposition that
the ineligibility of Watts made non-election,
or that the votes cast for an ineligible candi-
upon himself executive, judicial and iegis-
lative powers, was to bring about COM
plcation that would make the confusion Of
the Government inextricable. At the con-
clusiOn of MIR. Matthews argument, Judge
Strong said that the counsel had now consumed
two hours e>ch, and still the question of the
admissibility q evidence before the COM
mission. He Il ought it should be received now,
subject to the Judgment of the commission a.
to it's effect The proposition was adopted.
Mr.. Merrick then offered as evidence certified
copy of the commission Of John W. Watts as
Postmaster, dated Feb. Is, 1873, and the COM
mission of Henry NJ. Hill as his successor. dated
Jan. 3, 1877 in which it was recited that he
(HilD was appointed Nov. 8, 1876. Postmaster
General Tyner was called by Mr.. Evarts.
A telegram from Watts resigning his Post
mastership was produced and admitted.
This was received Nov. IL, and the answer ac-
cepting the resignation was sent on the same
day. John w. Watts called, and testified
to the same facts relative TO his resignation.
After listening to arguments by Messrs. Evarts
for the Republicans) and Merrick (for the
Democrats) the commission went into secret
session.
FRIDAY, Feb. 23.-The Electoral Commission
was in secret consultation on the Oregon case
from 1890 to O'Clock, at which hour the arbi-
traitors repaired to Senator Humans resi-
dence, that gentleman being confined to his
bed, where he remained during the proceedings
of the commission. vote was then taken ON
the following propositions. which had been in
formally submitted and discussed, but not voted
munds: a. Resolred, That the certificate
signed by Z. A. Cronin, J. n. I. Mil
Ter, and John Parker, purporting to
cast the electoral vote Of the State Of
Oregon. does not contain or certify the consti-
tutional votes To which said State is entitled"
Justice Field offered the following as n substi-
tute WHEREAS, J. w. Watts, designated in
certificate No. as an elector of the State Of
Oregon for President and Vice President, on
the day Of the election, viz: the 9TH day Of
November, 1876, held an Office of trust and
profit under the United States; therefore
ResOired That said J. w. Watts was then in
eligible to the Office Of elector within the ex-
press terms of the constitution" Rejected
yeas, Z +; nays 3, as follows: Yeas-Abbott
Bayard. Clifford, Field. Hunton, Payne, Thur
man.. Ndys-Bradley Edmunds, Freling-
huysen, Garfield. Hoar. Miller Morton, Strong
5. Justice Field then submitted q resolution
to the effect that 0dell and Cartwright were the
only persons chosen electors in Oregon. This
was rejected by the same vote-7 to 3. Justice
Field offered still another resolution, "that the
attempted reelection Of a third elector by the
two persons chosen was imperative and void. y
Rejected To 3. as above. Mr.. Bayard offered
a proposition to the effect "that the votes Of
Odeu and Cartwright were the only votes
provided for by the constitution, there having
been failure to appoint a third elector in
accordance with the constitution and laws of
the United States and laws of the State of
Oregon, and that these two votes should
be counted and none others from the State Of
Oregon. Reiected-yeas, NAYS, 4, as be-
fore. A vote was then taken on Mr.. Edmunds'
original proposition, and it was adopted-yeas,
Is nays, none. Mr.. Morton then offered the
following: Resolved, That w. II. Odell.
j. c. Cartwright, and J. W. Watts. the per-
SONS named electors in certificate No.
I, 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 ont the name Of ]. w.
Watts. Disagreed to-yeas, u nays, 8. Mr..
Morton's resolution was then adopted-yeas
8; nays, Z, as follows: Yeas-Radley, Ed
mnnds, Frelinghuysen, Garfield, Hoar, Miller.
Morton, Strong-s- Ndys-Abbott, Baysrd,
Clifford, Field, Hunton, Payne, 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 pro-
ceedings Of the commission, except as regards
their report to the joint session Of Congress-,
was removed, and the commission adjourned.