Mexico weekly ledger., 1877-03-01

Oregon, whose title is questioned by no one
not even by the Governor in his certificate, but
by il approved-their certificate. as to the fact
that there was a vacancy. and that such vacancy
was filed by them, is conclusive, not only as
against Cronin, but as to all other persons, the
the Electoral Tribunal as Well" Mr.. Law
renee continued on the same side and said that
in favor of the Hayes Electors by sim
gle proposition-that if the monstrous position
could be maintained that Cronin was legally
appointed, vet he refused to act, neglected to
attend with Odell and Cartwright, and his
place became vacant and Watts was duly ap-
pointed to fill it. Commissioner Edmunds here
moved that further hearing be postponed until
O'Clock, and then proceed in the Senate cham
ber. and that counsel have three hours and a
half time on each side for the whole case, in
ordered. After recess, MIR. Merrick announced
that Judge Hoadiey and himself would appear
for the Democratic side. Mr.. Evarts
said Judge Stanley Matthews and himself would
appear for the Republican side. Judge Hoadley
then addressed the Commission. He claimed
that the principles controlling this case had been
already decided in the cases of Florida and
Louisiana. Only such documents and papers
as, if offered dliunde, WoulG be competent to be
received, may be considered when found " thin
envelopes sent to the President of the Senate,
and the decision of the Returning Board, acted
upon by the Governor of the State, Is hnal and
conclusive. Mr.. Hoadley stated that the Com
mission excluded evidence in the Florida and
Louisiana cases because it was without judicial
power and said without the exercise of judi
cIaI power, you can not IHuen anu f1en-
bricks of one vote cast for them in Oregon; with
out the exercise of judicial power you can not
award it to Hayes and Wheeler" At the con-
clusion of Hoadley's argument the Commission
adjourned until 10 tomorrow.
FEB. 22.-The Comm ission met at 10
o'clock. and stanley Matthews made an argu-
nent in opposition to the Cronin certificate, No.
.. He took the ground that the certificate of the
Governor, when it was shown it was net war
rant to the Electors for the performance OF their
he said. made it The duty of the Secretary of
State to canvass the votes for Electors
and certify the lists showing who had
received the highest number of votes, and there
the canvass ended. He combated the PROPOSE
ton that the ineligiblity of Watts made nom
election, or that the votes cast
At the conclusion of Mr.. Matthews address, it
was ordered. upon motion of Judge Strong,
thateyidence should now be received, subject to
the judgment of the Commission as to it's effect.
A number of letters and kilograms We're then
produced, sho* ing that Watts rendered his
resignation by telegraph on Nov. Il, and the an
swer accepting the resignation was sent the
same day and deputy appointed to take charge
of the office. Mr.. Evarts then made an argument
IN favor of certificate No. /, saying that their
course in this case was entirely consistent
with their claims in the Florida and Louisiana
cases. In those cases the certificate had been in
accordance with the canvass, and they held now
that the certificate should conform to the can
vass. These two conforming, the evidence was
conclusive. The canvass, he maintained, was
the substance, the certificate, the form. He
charged that the opposition had changed their
claims with the different cases, and for that
reason had been compelled to change
counsel. Mr.. Merrck followed for
the Democrats He said that he addressed him
self to the Tribunal, believing they would ad-
here to their previous decisions. and apply the
same principles to the decision of the Oregon
case that they did to the Louisiana and Florida
cases. He must consider that the real meaning
of their judgment in these cases was that the
certificate of the Governor was conclusive and
ultimate act performed by the State, beyond
which they had power to go.
Mr.. Merrick argued that the law of Louisiana
and Florida, in reference to the ascertainmento of
the result of the appointment of Electors, was
similar 10 the law of Oregon, and submitted that
to withhold the commission, to withhold the GER
tifcate from the party deemed by the Governor
TO be Ineligible to office, was the legitimate per
formance of a constitutional and proper eSecu-
tive trust. At the conclusion Of Mir. Merrick's
argument, p. m. the Commission went into
secret session for about two hours when they
adjourned, after having decided to take vote
at p. IN. to- morrow.