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

Der he executed his bond ana took the
oath Of Office.
Postmaster General Tyner was called
by MIR. Evarts. The telegram from
Watts, resiening the postmastership.
was produced and admitted. This was
received November IA, and the answer
accepting the resignation was sent the
same day. On the oath of November
witness received letter through Special
Agent Underwood, addressed
to Underwood, in which Watts tenders
his resignation. On the 18th Of Novem-
Der witness telegraphed to Underwood
to take charge OF the office until Watts
successor was appointed. On the oath
of November he received letter from
Underwood, stating that he had taken
char &c OF the office according to instruc-
tons.
Other kilograms and letters were pro-
duced to show the details In connection
with the resignation Of Watts, and the
appointment aud qualification OF his sue
cessor.
Mr.. Thurman inquired If there va.
any law or rule of the department that
required the accounts of postmaster to
be settled before his resignation could be
accepted?
The acknowledgement replied that he
was not aware of any.
John w. Watts was called and testified
to the same facts relative TO his resigna-
tion and its acceptance.
NJ. McGrew, sixth auditor, was called,
and testified that the accounts OF Watts
had been adjusted and settled to and in
Guiding Nov. IA.
Mr.. EvARTs' ADDRESS.
Mr.. Evarts commenced his argument
at half-past with claim that the course
pursued on that side in connection with
this case was consisten. with their claims
in the Florida and Louisiana cases. In
those cases the certificate had been in &C
cordance with the canvass, and they held
now that the certificate should conform
to the canvass. These two conforming,
the evidence was conclusive. The can
vass, he maintained, was the substance,
the certificate the form. He charged that
the opposition had changed their claims
with the different cases and for that rea-
son mad been compelled to change csun-
sci.
Therefore unless you hold that the
governors certificate and its satisfaction
by violation CT the governors duty ia
sufficient to suppress the electoral col
legs and vote OF the state, you have here
everything you need under the act o.
| congress, without looking at the certifi
Gates which they put in support OF theii
title. Now we have another certificate
and that contains nothing that contra
diets the other, and nothing that by it
self can stand on its own inspection as al
adequate transaction.
Mr.. Evarts then called attention to til,
wording Of the governors certificate ant
contended that it did not comply will
the act of congress, in that he undertook
to insert the word eligible before tn,
word elector to cover himself from con
domination Of open, recognized fraud an
falsehood. Instead OF Obeying the con
stitution and laws OF Oregon he ha
given reason for his action to save him
self from absolutely disregarding hi
duty. Whatever may have happened t.
Cronin by his extrusion, that did no
make him the college, otherwise you
would have strange state OF facts, thai
under the laws OF Oregon
she could have three cleo
toral colleges, composed of on,
man each who could cast his vote in hi
own way and by his own authority, Blu
ii you adopt the rule that the majority
constitute the college you put yoursel
under the protection of the princlpl,
which governs all cooperative action
that there can be but one college, ant
that q majority attaches to itself all tn
powers OF such college. The law OF Ore
gon itself says they shall ill vacaac!
in the electoral college by a plurality o
votes. Can you have a plurality OF vote
when only one vote is cast: Oregon
had by provisions OF the electoral law 0
the Union, power to provide for failure
OF an election. What was that? Why
it was when the election tailed to pro
duce the number OF electors required
the majority proceed to remedy that de
feet, and it is only in that case that they
are allowed to substitute their action il
place Of the ordinary mode of election
But 1t does not require them to make ;
different mode OF filling vacancy arls
ing from failure to elect than tina
caused by a vacancy arising In an.
other manner. Oregon has settled tina
question for itself. The statutes deter
mine that by no chance shout
the vote OF the state be lost
aud they provide in that wa,
for the filling OF tire vacancy il
the electoral college. Now, upon an ex
| aminalion Oh aii these certincates, I hay
been gratined to lind that although thes
operations up in Oregon were a. harmle.
~ serpents they were not any wiser tina
doves. Nothing has been done there ths
defeats the constitution Of the Unite
States or that dsfrauds the state
Oregon, or that defeats the election OF
president. All that has resulted frol
the attempt to perpetrate a consumma,