The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-27
RHODE ISLAND.
Objections to One Of the Electors.


The certificates from Rhode Island were ther
read, showing four votes for Hayes and Wheel
er
The presiding officer having asked whether
there was any objection to the vote of Rhode
Island being counted, Mr.. OBrien of Mary.
land, on behalf of himself, Senators Kelly and
Gordon and Representatives jerks, Mackey
Rice, Vance of Ohio, Hurd, Finley, Walling
and Poppleton, presented the following objec
tons to the vote of William s. Slater:
LIST. That the said William S. Slater was not
duly appointed an elector by the state of Rhode
Island at the election in said state on Nov Z
1876.
I'd. That George H. Corlss, according to the
decision of the Electoral Commission, if said
decision be law, rendered in the count of the
vote of j. w. Watts as elector of the state OF
Oregon, was duly appointed elector by the state
of Rhode Island, and the substitution for him
of said Slater was illegal and unconstitutional.
Sd. If, in any event, it was competent to COM
plete the electoral college of Rhode Island by
adding another elector thereto, it would only
have been done under the law as announced by
said Electoral Commission, if said decision be
the.law and, pursuant to the laws of said state
by an act of the majority of the members OF
said college, and not by the Legislature of said
state.
No objection being made, the presiding Off
Ger announced at half past three that the SEN
ate would now return to its chamber so that
eide upon the objection.
Both Houses Override the Objection.
Upon returning at $50 the President pro
tenn announced that the Senate retired from
the joint meeting upon an objection made to
the certificates of Rhode Island.
The Secretary then read the objection to the
vote of William S. Slater appointed elector by
the legislature in place of Geo. III. Cotliss.
Mr.. Burnside of Rhode Island submitted a
resolution that the vote of w. S. Slater be
counted with the other votes of the electors of
Rhode Island Notwithstanding the objections
made thereto
Mr.. Bayard said it was proper to note that
before any decision had been made by the Con-
gress of the United States or before the decis-
ion of the Commission appointed by the act of
Congress, there were two expressions of what he
believed to be the universal opinion of citizens
Of the United States, whether of the legal pro-
fession or not under the grave considerable
action of the judiciary and legislatures of two
of the states where the Limitation of the Con-
stituton upon the power of state to appoint
her electors had been disregarded. So PLAIN
and accepted was the public view of this ques.
ton that the prohibition and limitation of the
Constitution intended to hedge sround and pro-
tect the executive Office of this nation from in
tiuences held to be impolitic and improper, that
no one holding an Office of trust or profit under
the United States was believed to be competent
as an elector.
he tnen reieITeu 10 Tue Case VI COrllSS IN
Rhode Island vino held the Office of Centen-
NAL Commissioner, and said his case was the
first submitted to the Supreme Cou.t of the
state which found two essential facts; first that
he was an officer of the United States holding
an Office of trust; and second, his appointment
was invalid. He argued that the state had
not the power to appoint him and therefore
there had not been vacancy as there was no
appointment The state of Rhode Island, in
strncted by her Supreme Court availed herself
of the opportunity given by the act of Con-
gress passed in pursuance of the constitution
to provide a remedy for her failure to appoint
one of her electors, an act of the Assembly
was passed and an election was held under
that, and he believed the failure to elect at
the first was remedied by subsequent cleo
ton of the fourth elector who now ASSUME to
speak for the state. The course taken by that
state by calling together her legislature and the
appointment Of man to fill the office of cleo
tor, was regular and in accordance with the
and was but confirmation and Notification
of view that he believed to have been held
previous to this session of Congress.
MIR. Edmunds said he did not feel at liberty
now to enter into any discussion OF the Irinci-