The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-23


lost. There is no existing law of Oregon
or any other state that, on its terms, covers
such a case. There can he no college when
you are reduced TO enc. You have an
e%lector, l agree, and it is undesirable that
a state should lose its vote.
Judge Hoadley ssked the counsel if he
considered the word plurality" as refer
ring to the original number elected or to
those remaining after a vacancy.
Mr.. Evarts replied there was nothing
that confined il to the whole number, but
there was clear authority to them to choose
BY n plurality Of a quorum, according to
the ordinary rule of corporations and col
leges thai a majority of a quorum is equiv
alent to a majority of the whole. That
this college of electors was constituted Of
two men legally chosen has not been blotted
out by any evidence before the commission
except the certificate OF Cronin. But
where is Cronin's evidence TO sustain his
assertion that they refused to act as elect
ors2 He produced NJ minutes of the
transaction. He thea proceeded to fill
their places by his single vote. Now,
whether or not that faculty could rest in a
single elector in some states, 1t is a fact
that it does not rest in a single elector
under the law of Oregon. The statutes
determine that by no chance should the
vote of the state be lost, and they provide
in that way for filling a vacancy in the
electoral college. Now upon examination
of all these certificates l have been graft
fen to find that although these operators up
in Oregon were as harmless as serpents
they were not any wiser than doves. Moth
ing has been done there that defeats the
constitution Of the United States, or that
defrauds Oregon, or that defeats the election
of president. All that has resulted from the
attempt TO perpetrate a consummate fraud is
to exhibit the fraud to public condemna-
ton; but the safety of the state remains
unframed.
Mr.. Merrick followed in behalf Of this
democrats and said he addressed himself
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 was
that the governors certificate was the con-
elusive and ultimate act of q state, beyond
which they had no power to go. He
argued ia reference to the ascertainment
Of the result of appointment. The law of
Oregon was the same as in Louisiana and
Florida, and he commended that a certificate
from a person deemed by the governor to
be ineligible to office was a legitimate per-
Torrance of constitutional and proper ex-
ecutive trust. On the point as to who was
the real incumbent, Cronin or Watts, on
the day the electors voted a discussion be-
tween counsel and various members of the
commission ensued. Merrick claimed as
Cronin held a certificate with the seal of
the state attached, he had the imminent of
title to the office, Watts having nothing, or
what amounted to the same, merely an
abstract of the votes cast at the election.
Here followed a colloloquy between the
commission and counsel as 10 the value OF
this abstract, which was ended by Mir.
Thurman who suggested that the reaI
question was what was made by the laws
Of Oregon the conclusive act of the canvass.
Mr.. Merrick resuming his argument re.
ferred to many authorities. He took W
the subject of vacancy and made a poinl
that unless the office had been once flleC
there could be no resignation. A vacancy
he alleged, TO be filed by these electors wai
not created by Cronin's absence but by
Watts resignation. If they had power Il
fill a vacancy at all they created that power
by filling the vacancy created by the resig
nation of Watts aud not by the non-actior
Of Cronin. He said in conclusion
q consistent adhesion to the solemn
conclusions reached by these grea
men to whom the people have committed
the settlement of their rights is essential t
the preservation of loyal respect for author
ity and character, and whilst mitigating
pangs of disappointment often secures &c
quiesance in judgment. seemingly hasties
and most unjust, but when these judgment
antagonize one another and in their yer,
conflict and antagonism are continued il
operative effect to accomplish one and tn,
same result, and that result is one witt
which the individual sympathies are closel.
and warmly connected, unpleasant thought
| will stir within the public mind and angr.
| emotions will swell the popular heart. Tn
, supreme court of the United States is on
OF the idols of the people. They have ii
their estimate of its character invested /
with a sanciity and dignity beyond that o
any other tribunal on the face of the earth
| They believe that all other departments o
the government are liable TO deterioratio
and possible deflement, but they look to tn
supreme court as lifted above the curren
f of impure air that floats upon the surfac
of the earth and as still moved by virtue
and sreakiDg with the wisdom of tn
f fathers of the republic. When this fait
is destroyed night will have to come.
At the conclusion of Merrick's argumer
the commission went. into secret sesslo
and remained therein till twenty minute
e past seven when it adjourned till to-mol
row at half-past ten. Questions p~resente
d by counsel were discussed in secret sessio
but owing to the fatigue of members and
d order to enable them to consult Authorize
e which had been referredFo by e.unsel II
n adjournment was thought to be advlsabl,
Many law points were suggested and thei
will be examined critically, thel
being more OF them in this case than in Il
cases of Florida and Louisiana. The con
1t mission agreed to take n vote to.morrow