The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22

tina. therefore tho Certificate sths governor
electors appointed and in 80 far such certificate con
pointed ,sl, 70 sonisr~ &c shs q
certificate said crenu. without authority and Of no
IVthRseauso u appear. from both certificates that
odeli and Cartwright, majority Of the Electoral College
BY that their record p 's
scented to tho o, the senate and BY him
listed the day fixed by law Tor the Of electors
VA .n4' such vacancy was 'sd by the of
This objection is signed by Senator's Mitchell and
Sargent and Representatives Lawrence, Burchard and
McDilL
SENATOR KELLr's OBJECTION
Senator KELLY, (dem.) or Oregon then presented nm
objection TO tho certificate Of Cartwright Odcll and
Watts. II IL signed by Senators Kelly. Bogy, McDon-
TuHer i anu o cSes %s"s
ton, Poppieion, Vance, Hurd ana IuttreL
| The grounds OF the objection
them certificate Of the msvs no.
by sessions and iss Tnsa States
papers have not annexed to them lis. tho
q car. wright. 9dsl ANA Watts
state and signed BY The and ret as
CURED by section go ofchaptcr H. 9of the General Laws
,a. was Is s sas End duty Of the Of
election appointment electors 10 John G. carwrirht
ca n sss ssnf 0s @
who received the highest e votes at the election
f,usm- Cartwrgn, and odei had right or authority
$50 as there was no vacancy in the Office OF Presidential
| eector ON thai dhy
fyM-C Cartwright aud odell had RICH, authority
oihs Electoral College Of Oregon as BY law constituted
on snsGas
o s that 's day sd and
ssrshwas who claims to be an elsc,or IN the above
=. syee Oregon and was duly ao%%s
profit under United States and
alter be S @ e. sh ns S%
postmaster November 1876, when the Presidential
Ineligible to be appointed of said Presidential
EhMwhsn the Governor Of Oregon caused the list. Of
s o nH o ns h ss Of $ nS se
S s"n'sn the a n% Of q %a and Sscyp
Ers.asnt otSs States in the State Of
FURTHER OBJECTION
Mr. LAwRESoE. Of Ohio. presented further obiec-
the ground that neither Of them had appointed
PRESIDENTIAL elector, and that Odei Cartwright and
true and lawful votes Of the State '''
| This paper is signed by Senators Mitchell and Sar.
gent and by Representatives Lawrence (o Oho), Nc
Crazy (o lowa Hale (of Maine) and Banks (of Massa
The Presiding officer then stated that all the GER
tincates from tho State Of Oregon, with the accom-.
panying papers and with the objections, would
submitted 10 the Electoral Commission for its judg-
mont and decision aud that the Senate would retro to
| It's chamber.
| LEGISLATIVE DAY.
The Senators having retired at hny-hve minutes
past twelve, the SPEAKER announced the commence
ment of a now legislative day, which thereupon
! opSnsu VIII PiuyoT ny eue SuuPmiu
| LITTLE HELL GATE
Mr. HEWITT, of New York, introduced a bill declar-
ing Little He'll Gate not navigable channel aud
cordng the consent OF the United States to the filling
| up OF the same.
until hal-psst o'clock this evening;
then at 80 took recess TILL tomorrow at 10 o'clock
PROCEEDINGS OF THE COMMISSION.
! WASHINGTON. Feb. 81, 1877.
The Electoral Commission after several formal
| nd edi In or
the delay Congress In reaching Oregon met at one
O'Clock to-day to hear the objections to the certificate
in the Oregon The court full at tho hour OF
opening, with the exception OF Mr.. Garfield. The
clerk read the certificates Nos and 2. Senator
Kelly, and Mr. JenKs of the House of Representa-
tives, announced the directors on the demo-
cratic sde and Senator Mitchell aud Representative
Lawrence on the republican side Senator Kelly,
before proceeding present his objections
1t might be necessary to have certain imony OBJ
tanned the certificate of appointment OF J. W.
Watts postmaster and also the certificate OF appoint
ment OF has He had applied personally 10
the department. and they declined to the papers
unless ordered BY the commission. He asked, there.
ore Tor that order that they might TO produced and
would also desire subpoena for two Witnesses Mr..
Watts aud Senator Mitchell, tho latter OF whom was
present
MIR. Jusuce Clifford inquired II It would not do as
which Representative jerks responded that was not
important who 1t came FROM and that 1t only to
tmo that the application now SO that
the papers and witnesses might DO present when
wanted.
Senator Edmunds moved that the commission issue
subpoena and Senator Mitchell stated In reference
the witnesses that both here the
and would respond at any time when the commission
thought II proper that they might DO called.
Mr.. jerks, therefore, stated they should not
subpoena.
Senator Kelly invited to proceed with hts Office
tons, but asked recess for bait an hour order
collect certain books and papers that had not arrived
SENATOR kELLy's ARGUMENT.
The recess on notion was granted tor half hour,
sembed and senator Kelly proceeded with his argu-
ment In objection to certificate No. l, under rule 4,
substantially as iollows-
Nix. PRESIDENT GESTLEMEN OF THE CoMMIs-
MssIoN-Thc first objection which has been made to
certincate No. land It Is the first ono that shall
dwell upon--is in these words:--'rhe said j. w.
Watts who claimed to be- OF the electors was
in the month o February 1873, apponteda postmas-
ter at LAFAYETTE, In tho State OF Oregon, duly
commissioned and qualified as such postmaster that
being being an an olice o. profit and trust under
continued to be and act as such postmaster from Feb
ruary. 1873 until after tho 18th day OF November,
1876, and was acting as such postmaster the 17th
OF November, 1875, when Presidential electors were
appointed Tor the State OF Oregon and that the j.
W Watts ineligible to be appointed as Que OF the
Presidential electors There will DO no dispute /
presume, OF tho facts averred here. 1t ~ true,
beyond doubt, that this Mr.. Watts was a post,
master, ana do not think IL is necessary for any
proof OF that because the we take OF II IL mat
that matter was found by the Returning Board, and
the Returning Board really decided that he had
part In that election. Now what Is the result those
facts' l refer to tho constitution of the United
States
Each State shall appoint such manner the Legisla
ure thereof may direct number OF electors equal to
number OF senators and Representatives which
may be entitled in Congress; but senator
tive. holding Office OF profit the
United States shall be appointed an elector.
The question occurs, Is this an office OF profit aud
trust II So the constitution is as clear as the Eng
sh language can make it:-''No person shall be ap-
pointed all eector who holds an Office OF profit
trust"
WAS cRONiN ELGiBLEy
Tho next question presented is II those gentlemen
were not eligible, tnen CronIn who received the
next highest number oil votes, egibey 1t is Inpossr
bio all these declsluns hrI