Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1877-03-03
ARGUMENT. OF MR.. MERRICK ON
THE OREGON QUESTION.

&
Mr.. Merrick then addressed tn
Commission on the Democratic side
He said that he addressed himself L
the Tribunal, believing that they woul'
adhere to their previous decisions ant
apply the same principles to the de
clsion of the Oregon case that they diC
to the Louisiana and Florida cases
He must consider that the real mean
ing of their judgment in those cases
was that the certificate of the Governor
was the conclusive and ultimate ac
performed by the State, beyond which
they had no power to go.
Mr.. Merrick argued that the laws ot
Louisiana and Florida in reference tC
the ascertainment of the result of the
appointment of the electors were sim.
liar to the law of Oregon, and submit.
ted that to withhold the Commission
or to withhold the certificate from the
party deemed by the Governor to be
ineligible to Office, was the legitimate
performance of a constitutional and
proper executive trust.
You have told US, said he, that the
State can not interfere with an elector,
whether he be eligible or ineligible,
whether his election be secured by fair
means or foul. You have told us that
it can not be interfered with, except
between the time of the conclusion of
the Returning Board and the time of
his voting. Now the State of Oregon,
seeking tc perform her duty, and this
much abused executive seeking to pro-
tect that State from the odium of hav-
ing wantonly violated the Constitution
of the United States, have solemnly
determined that an elector claiming to
be elected was not elected. The Gov
ernor of Oregon could not have given
the certificate to an ineligible candi-
date without violating his oath and
being guilty of an infraction of the
Federal Constitution.
Mr.. Merrick claimed that as Cronin
held certificate with the broad seal
of the State attached to it, he had the
imminent of title to Office. What had
Watts Nothing. The opposing coun-
sci said, in considering the evidence Of
title possessed by Watts, that he had
certificate from the Secretary of State,
as to the canvass of votes. What did
this certificate purpert to be? 1t is
headed, Abstract of votes cast at the
Presidential election in Oregon, etc. "
1t does not say canvass of the vote.
To make it appear that abstract and
canvass" were synonyms terms he
referred to the statutes of Oregon,
which required the clerks to make out
certain abstracts and send them up.
These abstracts the Governor and Sec
retary of State were required to can
vass, and when they were canvassed,
these abstracts, the canvass makes an
other paper, which should be paper
of record in that Office, and which is
not here in this certificate. On the
subject of vacancy, counsel made the
point that unless the Office had been
once filled, there could be no resigna-
ton. The vacancy alleged to be filed
by these electors was not created by
Cronin's absence, but by Watts resig-
nation. If they had power to fill the
vacancy at all, they executed that pow
er by filling a vacancy created by res
ignation by Watts, and not by the nom
action of Cronin.
The speaker concluded in the fol-
lowing language: l claim that you ad-
here to the spirit and principle of the
decision you have rendered in the ca
ses of Florida and Louisiana. 1t is
quite immaterial whether they con-
formed to my opinion on the subject |
of constitutionality or not; they have |
been rendered by this Tribunal, re-
corded on the journal of each house |
of Congress, passed into the history of |
this country, and are in operative ef- |
feet in the process now going on of de- |
termining who shall be the chief mag |
istrate of the republic Consistent ad-
hesion to the solemn conclusion reached |
by those great men to whom the peo-
pie have committed the settlement of /
their rights is essential to the pFeseF- !
vation of loyal respect for authority |
and character, and, whilst mitigating |
the pangs of disappointment, often Sc
cures an acquiescence in judgment !
seemingly the hastiest and the most |
unjust. But when these judgments |
antagonize one another, and in their |
very conflict and antagonism are COM
bined in operative effect to accomplish |
one and the same result, and that re-
suit is one with which individual SYM |
pathies are closely and warmly con-
nected, unpleasant thoughts will stir
within the public mind, and angry |
emotions will swell the popular heart. |
The Supreme Court of the United |
States is one of the idols of the people. |
They have, in their estimate of its
character, invested with a sanctity and |
dignity beyond that of any other trib-
unal on the face of the earth. They |
believe that all the other departments |
of the Government are liable to deter
ioration and possible deflement; but |
they look to the Supreme Court as
lifted above the current of the impure
air that floats upon the surface of the
earth, and as still moved by the virtues
and speaking wilh the wisdom of the
fathers of the republic. When this
faith is destroyed the night will have |
come.