The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-26
THE r1LLIpusrrRs nrrrArrn.

vote oil l45 yeas TO 81 nays.
The question then recurred on adopt
Ing Mr., McMahon's resolution % amend
ed, and y was agreed to by vote Of ~
yeas 10 sS nays.
The following Democrats voted will
the Republicans on Wilson's substitute
yiE:-Bagby, Beebe. Bell, Bland, Blount
Brown (Ky.), Buckner, Campbell, Can
dler, Eden, FELTON,, Goodin, Hancock
Hardenbergh, Harrison, Hatcher, Hay
mond, Holman, Kehr, Landers Conn
Le Moyne, Mills, Morgan, Neal, New
Phelps, Powell, Rea, Reagan, Robbins
pa. Savage, Stevenson, Tarbox, Throok
morton, Walker IN. ", Warren, Well
Mo-, Whitehouse, A. :. Williams, vii
liams (Del.), Willis, and Wiltshire; il
all AZ.
The result having been announced, Mr.
McMahon moved to reconsider the vote
Whereby the resolution was adopted, and
Mr.. Hale moved to lay the motion 10 re,
consider on the table, and upon that the
yeas and nays were also demanded.
THE object Of these dilatory motions
seemed 10 be 10 exhaust the Legislative
day ol Friday, which would expire at /.
o'clock.
The motion to lay on the table was
agreed to by yeas l75, nays "a.
These dilntory motions brought the
time down to 10 minutes OF 12, at which
time the clerk left the House with the
notification TO the Senate.
At 3 minutes Of II the Senate appeared
and took their usual seats, the Vice Pres,
ident taking the chair to the right OF the
Speaker. The tellers, Senators Allison
and Ingalls, and Representatives Cook
and Stone, took their places at the clerk.
desk.
The Joint Convention.
The joint convention was called to or.
der by Mr.. Ferry, and the decision OF the
Commission in the Oregon case was read
by Mr. Gorham, Secretary Of The Senate
us follows:
DECISION OF THE ELECTORAL COMMISSION.
ELECTORAL COMMISSION,
WAslIINGToN, D. c., Feb. %, 1877. I
To the President of the Senate Of the
United States presiding in the meeting 6I
the two Houses Of Congress under the
act OF Congress entitled IAN act to pro.
vide for and regulate the counting oil
votes for President and Vice President
and tho decision OF questions arising
thereon for the term commencing March
4th; a. D. !S77.' Approved January
10Th, A. d. 1877.
The Electoral Commission Ia said act
having received certain certificates and
papers, purporting to be certificates and
papers accompanying the same OF the
electoral vote OF the State OF Oregon, and
the objections thereto, submitted 10 il
under said act, now reports that it has
duly considered the same pursuant to
said act, and has by a majority Of votes
decided, and does hereby decide that the
votes OF W. II. Odell, ]. c. Cartwright and
j. W. Watts, named in the certificates OF
said persons and in the papers accompa.
nying the same which votes are certified
by said persons, as appears by the GER
titlcates submitted to the Commission as
aforesaid, and marked No. ], NC, by
said Commission, and herewith returned,
are the votes provided for by the Consti.
tuition OF the United States, and that the
same are lawiully to be counted as there.
in certified, namely: Three votes for
Rutherford b. Hayes, Of the State OF
Ohio, for President, and three votes for
William A. Wheeler, OF the State Of New
York, for Vice President.
The Commission has by majority OF
votes also decided and does hereby de.
eide and report that the three persons
first above named were duly appointed
electors in and by the State OF Oregon.
The brief ground OF this decision is
that it appears upon such evidence as by
the Constitution and the law named in
said: act OF Congress is competent and
pertinent TO the consideration of the
subject, that the before mentioned elect.
Ors appear to have been lawfully appoint.
ed such electors OF President and Vice
President OF the United States for the
term beginning March 4th, A. D., 1877, Of
the State of Oregon, and that they voted
as such At the time and in the manner
provided for by the Constitution Of the
United States and the law.
And they are further OF opinion that
by the laws Of the State of Oregon the
duty OF canvassing the returns OF all the
votes given at an election OF President
and Vice President was imposed upon
the Secretary Of State and upon no one
else.
That the Secretary OF State did canvass
these returns in the case before us, and
thereby ascertained that J. c. Cartwright,
W. II. Odell and J. ". Watts had ma.
jority Of all the votes given for electors,
and had the highest number OF votes for
that office, and by the express language
ol the statute those persons are deemed
elected.
That in obedience TO his duty the Sec.
retary made canvass and tabulatetl
statement OF the votes showing this re.
suit, which, according to law, he placed
on file in his office on the 4th day Of De.
cember A. D. 1876. All this appears by
an official certificate under the seal Of
the State, and signed by him and deliv.
cred by Kim TO theelectors and forwarded
by them TO the President OF the Senate
with their votes.
That the refusal or failure Of the Gov.
ernor Of Oregon to sign the certificate Of
the election Of the persons so elected does
not have the effect OF defeating their ap.
polntment as such electors.
That the act OF the Governor Of Oregon
in giving 10 f. A. Cronin n certificate OF
election, though he received thousand
votes less than Watts, on the ground that
the latter was ineligible was without au.
thority OF law, and is therefore void.
That although the evidence shows that
watts was a postmaster at the time Of
his election, that fact is rendered imma.
terIal by his resignation both as postmas.
Ter and elector, his subsequent appoint
ment to fill the vacancy so made, by the
Electoral College.
The commission has also decided, and
does hereby decide by majority Of votes,
and reports that as consequence Of the
foregoing, and upon the grounds before
stated, the paper purporting to be u Ger.
Iihcate OF the electoral votes OF the said
State Of Oregon, signed by f. A. Cronin,
): N. !. Miller and John Parker, marked
No, 2, N. c., by the commission and here.
with returned, is not the certificate Of
the votes provided for by the Constitu.
tion OF the United States, and that they
ought not TO be counted as such.
Done at Washington, D. G., the day
and year first above written.
IS ISiUnaI1- -ga.anaI I, NF.Dn. w Co.,.