The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-23

election BY the Governor or the STATE, sWn0,
under the law, could legally do nothing
else. S. .,a s..s
Mr. Eyarts continued at length to contend
that Governor Grover violated State and
national law in giving certificate to Gro.
min.
Mr.. Evarts said
THE Law OF OREGON
provided that where there were two candi.
dates who received an equal number OF
votes, and one was found to be Ineligible,
the other did not therefore hold the office,
but new election was necessary. He next
argued that the majority was the college
and not the single voice of Cronin. Had he
been duly appointed elector, he thought
the Commission would have little trouble in
reaching q conclusion as to which was the
legitimate body. Suppose they had re-
fused TO recognize Cronin as an elector ?
They did not think he was one;;s and no
body else ever thought be was untilit was
determined to manufacture him into one,
and attempt to make him stand as such till
after this count. Accept, said he, the, pro-
position that CTonln could form a college,
and you had the absurd possibility OF three
electoral colleges in Oregon-each elector
desiring to cast the vote Of the State accord
ing to his own ideas. 500.
In reply to question by Mr.. Abbott, he
said there was no existing law in any State
that covered the contingency OF the death
The general theory of the law was that there
must be. q quorum to transact business, and
there must be statutory provision in any
case to make it otherwise. Referring to the
act OF the Legislature OF Rhode Island,
which provides that il an ineligible elector
was elected the Legislature should meetand
elect another, he said that would do forth
State Of Rhode Island, where the Governor
could blow his horn in the door Of the EX-
ecutive mansion and summon his Legisla-
ture, but it would not do for the great State
OF Oregon.
Mr.. Merrick rose
TO CLOSE THE ARGUMENT.
He said that in his own mind he held the
same views that he did when he opened the
argument in the case OF Florida; but he
owed it to bis clients and to the Tribunal to
conform his argument to: the decisions
which had been made, and he should con-
fine himself to asking that the decisions in
the caseslof Florida and Louisiana should
be applied to Oregon. He had 10 the case
OF Florida asked that they go behind the
certificate OF the Governor, and had asked
that the voice of Florida, which had been
simulated, might be heard through her
legislative and judicial departments The
other side had taken issue, and claimed that
there could be no going behind the certificate
OF the Governor, based on the canvass but
he was at loss to know where it had been
shown that there ever was canvass OF the
votes Of Florida exceps that on which the
certificates Of the Tilden electors was based.
Were they to assume that there was any
thing so sacred in the act Of the returning
boards as to prevent an inquiry into their
acts? No; the answer was that when their
acts were confirmed in accordance with
the laws OF the State the inquiry was
checked. ".t.-.|. :....
In Louisiana and Florida they had passed
BEYoNpyTHE CERTIFICATE OF THE GOVERNOR
and reachedtbe certificates of the Returning
Board. They stopped there not through a
sanrtity Of the Returning Board or the vir-
tue Of Wells and Cazanove, but because they
reached the great seal Of the State To tx
the line between the States OF the Federal
Government had been one OF the most diff
cult tasks of the fathers, and they had fixed
them so that there could be no internecine
strife if each adhered to the lines the faith
ers had drawn. The decision of this Tri-
bunal must rest in the confidence Of the
people, il it rested in their confidence at
all; on some great principle of States rights
as compared with Federal authority. II it
rested upon technical grounds, the people
would not receive it in confidence, and the
wound which this Commission was organ
lied to heal would ,>r.at
CONTINUE TO BLEED FOR THE NEXT FOUR YEARS.
Mr.. Merrick said the law required the
Secretary OF State to prepare two lists OF
the elcctors-not those who had received
the highest number of votes, but those
elected. AS to the parties engaged In this
transaction, they must determine who were
elected. In the Florida case it was claimed
that the. power to determine rested in the
Returning Board. In Oregon. he claimed
the power to- issue the certificates calr ieo
with it. the 'perquisite of determining tc
whom they should be issued. To withhold
the certificate from party deemed to be
disqualified was, he submitted. the legiti
mate execution OF an executive trust.
In the other eases it was claimed that the
ONLY time when an error could be corrected
was between the counting OF the votes anC
the time when the electors entered upor
their duties. It was precisely at this time
that this much-abused Governor attempted
to retrieve the State from the odium OF {
charge of having violated the Constitution
of the United States.
Referring to Mr.. Matthews's allusion to
conspiracy and the cypher kilograms be
tween Gramercy Park and Oregon, Mr.
|Merrick said no such evidence was offered
and had it been offered they would not have
objected. They wanted
THE TRUTH, AND NOTHING But TIE TRUTH.
Dir. Merrick continued his defence of thu
act Of the Governor, and said his certificate
was conclusive until otherwise decided by
q legal tribunal. He maintained that by thu
possession Of tho certificate which the Gov
ernor had placed in bis hands, Cronin wa!
de- focto an eiector. Which was the elector
Cronin or Watts? What had Watts? Moth
ing. The abstract which was certified iI
Certificate No. was not, he maintained
canvass Of the votes. 1t was the result
OF the vote cast at the election, and not /,
statement Of the canvass made according t.
law by the Secretary of State, in the pre-
sence Of the Governor. I. -
: Judge Miller asked il there were othe
J papers in the possession of the Secretary 0
State. What other papers could he make
Mr.. Merrick said it had been shown il
the other States that other and very remark
able papers had been seen. He understood
that the canvass and the abstract were yer.
: different papers and il it had been intend
? ed as the canvass the certificate should hav
certified that it was canvass.
Judge Miller asked what Mr.. Merricl
meant by a canvass Of the votes.
Mr.. Merrick replied that he meant
SITTING OF THE VOTES.
| Here were the votes to be canYassed. 81