The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-03-01
ELECTORAL COMMISSION.

rem. -, stevenson aFhers neils tMo. /, ana
Whitehouse.
ELECTORAL COMMISSION.
FEB. 1.-The Electoral Commission met
at O'Clock, all the members present. The Presi-
dent laid the papers received from the two houses
before the Commission. Senator Kelly an
nounced that himself and Mr.. jerks would ap-
pear as directors to certificate No. , and Sen
aLOr Sargent announced that Senator
Mitchell and Mr.. Lawrence would appear
as directors to certificate No. ,. After
a short recess, Senator Kelly proceeded to sub
NIT his ohjecti ms to certificate No. l, which
were briefly as follows: That Watts, being Post
master at the time Of the election. was ineligi-
BILE; that by the Constitution and laws of Oregon
the person receiving the next highest number of
votes was entitled to be declared elected; and
that the Governors certificate to Cronin is prinaa
facie evidence of his election. Representative
following propositions: /. That the only evil
dence before you which conforms TO the law of
the land is evidence as required by the law of
OregoR and the law of the United States, that
of Oregon. 2. That the certificate of
that Governor is conclusive upon
this tribunal in this inquiry.
3. That Watts could not be elected even if he
had majority of votes. 4. That votes being
cast for one who could notbe appointed ,Cronin.
the next highest, was elected 5. That, even if
Cronin was not elected, there was no vacancy,
and being no vacancy, there could be no filling
by my college whatever. Senator Mitchell
presented objections on behalf of the Repnbli-
cans, and in his argument said: In Ore
gon there WAS no law authorizing the
Governor to certify a minority candidate elected.
The legislature of Oregon might have provided
that Electors should be appointed by the Gov
ernor, the Supreme onrt or Secretary OF State,
but it did not, but did direct that the people, the
qualified electors shall, by plurality OF the
votes to be cast in the different precincts choose
Electors. The decision Of the State, through its
o Seer and beng being
majority of the Electors constituting the Elect
oral College in Oregon, whose title is indisput
able, questioned by no one-not even by the
Governor in his certificate, but by IL approved
their certificates, as to the fact that there was
vacancy, and that such vacancy was filled by
them, is conclusive, not only against Cronin,
but as to all other persons, the State,
the General Government, Congress,
and the Electoral Tribunal as we'll
Mr.. Lawrence continued on the same side, and
said that the whole controversy might be dis
posed of in favor OF the Hayes Electors by sim
gle proposition-that If the monsuous position
could be maintained that Cronin was legally APP
pointed, yet he refused to act, neglected TO
attend with oden and Cartwright,
was duly appointed to fill it. Commissioner
Edmunds here moved that further hearing be
postponed until O'Clock. and then proceed in
the Senate chamber, and that counsel have three
hours and hall time on eacn slOe fOT Lne WnOle
case, including offers of proof and every thing.
So ordered. After recess, MIR. Merrick an
nounccd that Judge Hoadley 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 the principles controlling this case
had been already decided in the cases of Florida
and Louisiana. Only such documents and pa
pers as, if offered GliaHde, would be competent
TO be received, may be considered when found
within envelopes sent to the President OF
the Senate, ana the decision of the Re
turning Board, acted upon by the Gov
ernor of the State. is final and conclusive.
Mr.. Hoadley stated that the Commission eXclud
ed evidence in the Florida and Louisiana cases
because it was without judicial power, and said,
without the exercise Of judicial power, you can
not deprive Tlden and Hendricks Of one vote
cast for them in Oregon without the exercise OF
judicial power you can not award 1t to Hayes
and Wheeler. At the conclusioR of HOadley's
argument the Commission adjourned until 10 to-
morrow.
FEB. 22.-The Commission met at l
o'clock, and Stanley Matthews made an argyll
ment In opposition 10 the CroHin certificate No.
2. He took the ground that the certificate Ofthe
Governor, when it was shown il was not war
rant to the Electors for the performance of their
duties, fell to the ground. The law OF Oregon
he said, made it the duty of the secretary of
state to canvass the votes of Electors and certify
the lists showing who had received the highest
number of votes, and there the canvass ended
He bated the proposition that the ineligIbil-
ity of Watts made nOn-electiOn, or that the
votes cast for an ineligible candidate were void.
At the conclusion of Mr.. Matthews's address, il
was ordered upon motion of Judge Strong, that
evidence should now be received, subject to the
of the Commission as to its effect. y
mum Der of letters and kilograms were then pro-
duced, showing that Waits rendered his resig
nation as Postmaster by telegraph on Nov. Il,
and the answer accepting the resignation was
sent the same day and a deputy appointed to
take charge Of the office. Mr.. Evarts then made
an argument in favor of certificate No. l., say
ing that their course IN this case was entirely
with their claims in the Florida and
Louisiana cases. In those cases the certificate
had been in accordance with the canvass. and
they held new that the certificate should conform
to the canvass. Thes- two conforming, the evil
1enee was conclusive. The canvass, he
was the substance-the GER
uflcate, the form. He charged that
the opposition had chan ed their
claims with the different cases, and for that rea-
son had been compelled to change counsel. Mr..
Sierrick followed for the Democrats. He said
hat he addressed himself to the Tribunal, be-
evng they would adhere to their previous de-
,ision of the Oregon case that they did to the
Louisiana and Florida cases. He must consider
hat the real meaning of their judgment in these
eases was that the certificate OF the Governor
was conclusive and ultimate act performed by
he state, beyond which they had no pow
sr to go. Mr.. Merrick argued that the
avs of Louisiana and Florida, in refer.
snce to the ascertainment of the result of
lie appointment of Electors were similar to the
aw of Oregon. and submitted that to withhold
he certificate from the party deemed by the Gov
srnor to be ineligible to Office, was the legitimate
performance of constitutional and proper eX-
scutive trust. At the conclusion Of Mr.. Merrick's
argument, 8 p. m. the Commission went into
secret session for about two hours, when they
adjourned, after having decided to take a vote
1t p. m. to morrow.
ErR 90 -After a vacra4 eassior nf fo11r
md half ours upon the Oregon case, Senator
Thurman being confined to his bed by sickness,
he Commission proceeded to his residence,
where number of votes were taken upon ques
ions previously discussed. The first vote taken
vas upon resolution declaring Watts ineligi
Die within the express terms of the Constitution,
which was defeated by the strict party
vote of to 6. Another resolution de-
,laring O1ell and Cartwright the only Electors
;hosen, was defeated by the same vote, as was
mother resolution declaring the two Electors
chosen incompetent TO choose third under the
state law. a resolution declaring the CrOnin
certificate invalid was adopted unanimously. A
esolution offered by Mr.. Morton, de-
luly chosen, was then adopted by
he strict party vote of TOT. The report Of
he Commission is in substance as follows: That
is competent to go behind the certificate Of the
Governor, so far as the same is not founded upon
lction of canvassing or returning authority pro-
'ided for by laws of the State, which authority
n the case Of Oregon is held to be the Secretary
# State. The report will also take the ground
hat il is not essential to show that Elector was
Eligible on the 18th of November. provided it be
hown that he was eligible when he cast his vote
n tn Electoral college, and the fact appears
hat the alleged ineligible Elector, Watts, was
hoseu to fill the vacancy caused by his own alb
ence from the Electoral College, and that he was
lot Ineligible at the time he cast his vote.
Investigating the Elections.