The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-24

dian Of The seal of tie state, and that the
enclosed was q true copy Of the abstract,
and had affixed the great seal to the copy.
Besides there were the minutes Of the
college. The resignation of Watts was
received and accepted; thea act had been
done openly under an uncertain idea that
he might have been disqualified. Watts
did his duty for he would not put in
peril one of the votes OF the state OF
Oregon. The votes had been cast aud
the ballots were here. Under the con-
stitution act OF 1892 and the laws OF
Oregon these minutes were plenary evil
dence of validity of the act of these cleo
| tors.
Mr.. MrRRfCK's ARGUMENT.
Mr.. Merrick then addressed the COM
mission on the Democratic side. He
said that he addressed himself to the tri-
bunal believing they would adhere to
their previous decisions, and apply the
same principles TO the decision of the
Oregon case that they did to the Louisi-
ana and Floride eases. He must con-
slider that the real meaning Of their judg-
ment in these cases was that the certifi-
cate OF the governor was the conclusive
and ultimate act performed by the states,
beyond which they had no power.
MIR. Merrick argued that the laws Of
Louisiana and Florida, in reference to the
ascertainment of the result of the APP
pointment of electors, were similar to
the law of Oregon, and submitted that to
withhold the commission or to withhold
the certificate from the party deemed by
the governor to be ineligible to the Office
was the legitimate performance Of con-
stitutional and proper executive trust.
| You have told us, said he, that the state
cannot interfere with an elector whether
he be eligible or ineligible, whether his
election be secured by tair means or foul;
you have told us that it cannot be inter-
fered with except between the time of the
conclusion of the returning board and
the time Of his voting. Now, the state
of Oregon, seeking to perform her duty
and this much abused executive, seeking
to protect that state from the odium of
having wantonly violated the constitu-
ton Of the United States, have solemnly
determined that an elector, claiming to
be elected, was not elected, the governor
of Oregon could not have given the GER
tificate to an Ineligible candidate without
| violating his oath, and being guilty OF
| infraction OF the federal constitution.
MIR, Merrick claimed that as Cronin held
| the certificate with the broad seal of the
| state attached to it he had the imminent
of title to the officer. What had Watts
| Nothing. The opposing counsel said in
considering the evidence of title possessed
by Watts that he had q certificate from the
secretary of state as to the canvass of the
votes. What did this certificate purporI
to be? 1t is headed, Abstract of votes
cast at the presidential election In Ore
gon, etc. 1t does not say, Canvass of the
vote to make it appear that abstract and
canvass were SYNONYMOUS terms. He re-
ferred to the statues OF Oregon, which re
quired clerks to make out certain alb
stracts and send them UP. These abb
stracts the governor and the secretary OF
state were required to canvass, and wher
they had canvassed these abstracts to
, make another paper, which should be 6
paper OF record In that office, and which
is not here in this certificate. On the
subject Of vacancy the counsel made the
point that unless the Office had been once
filled there would be no vacancy, and un-
less once filled there could be no resigna
ton. The vacancy alleged to be filled
by these electors was not created by
CrOnin's absence but by Watts resigna-
ton. II they had power to fill the va.
cancy at all they executed that power by
J filling vacancy created by the resigna'
ton Of Watts. and not by the non-actior
Of Cronin. The speaker concluded in
the folio wing language: claim that yor
adhere to the spirit and principle OF tn,
decision you have rendered in the case
| Of Florida and Louisiana. 1t is quite i'm
. material wheter they conformed to ny
| OpiulOu Oh tual SUBJECT Oh CONSTITUTION
atty or not; they have been rendered by
f this tribunal, recorded on the journal 0
, each house of congress, passed into tn
history Of this country and are in opera
tive effect in the process now going oil
Of determining who shall be the chic
magistrate Of this republic. Consisten
adhesion to the solemn conclusion
reached by these great men to whom III,
people have committed the settlement 0
their rights is essential to the preserva
ton ofloyal respect tor authority AM
character, and whilst the mitigatin,
panss of disappointment often secure a
acqulescence in judgment seemingly tn
hastiest and the most unjust, but whe
these judgments antsgonize one another
and in their very conflict anG antago
nism are combined in operative effect Z
accomplish one and the ssmo result, an
that result 10 one with which indiyidua
sysmpathies are closely and warmly con
nectsd unpleasantly, thoughts will ST