The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-24


on during the days sessions;
By Mr.. Edmuuds:
RsaOlred, That the certificates signed
by i. A. Cronin, ]. n. 7. Miller and John
Parker, purporting TO cast the electoral
vote Of Oregon, does not contain or certi.
iy the votes 70 which said State Is enti.
tied.
Justice Field offered the following as a
substitute:
WHEREAS, J. W. Watts, designated in
certificate No. rs an elector OF Oregon
for President and Vice President on the
day Of election, viz: the 9TH Of November,
1876, held office OF trust and profit under
the United States, therefore, ~
ReSolred, That said ]. w. Watts was
then ineligible 10. the office Of elector
within theexpreSs terms Of the Constitu.
ton.
Reiected-ayes, Z; nays, 8; as follows :
AYEs-Abbott, Bayard, Clifford, Field,
lIunlon, Payne and Thurman.
NAYS - Bradley, Edmunds, Freling.
hnysen, Garfield, Hoar, Miller, Morton
auu otTOnB' #
Mr.. Field then offered the following:
WHEREAS, At the election held on the
9Th Of November, 1876, in the State Of
Oregon for electors Of President and
Vice President, VIII. Odell, ]. W. Watts
and ]. c. Cartwright received the highest
number OF the votes cast for electors, but
whereas said Watts was then holding an
office Of trust and profit under the United
States and was ineligible to the Office Of
elector, therefore.
ResOlred, That said Odell and Cart
wright were the only persons duly elected
at said election and there was failure
on the part Of the State to elect h third
elecIor. Rejected; ayes 7, noes s; the
same vote in detail as before. Justice
Field then offered the following:
WHEREAS, The Legislature Of Oregon
has made no provision for the appoint
ment Of an elector under the act Of Con-
gress where there was failure to make
a choice on the day prescribed by law,
therefore,
Resolred, That the attempted selection
Of the third elector by the two other per-
sons chosen was imperative and void.
Rejected, yeas Z, nays s.,
Mr.. Bayard then offered the following:
ReSolred, That the vote OF W. II. Odell
and the vote Of ]. c. Cartwright, cast for
K. B. Hayes, Of Ohio, for President Of the
United States and for W. A. Wheeler, Of
New York, for Vice President Of the
United States, were votes provided for
by the Constitution Of the United States,
and that the aforesaid Odell and Cart.
wright, and they only, were the persons
duly appointed electors in the State OF
Oregon, at the election held November
eth, 1876; there having been failure at
said election to appoint the third eleclor
in accordance with the Constitution and
the laws of the United States and the
laws OF Oregon, and that the two votes
aforesaid should be counted, and none
others, from Oregon. Rejected, yeas Z,
nays s, as above.
A vote was then taken on Mr.. Ed.
munds original proposition and it was
adopted; yeas Is, nays none.
Mr.. Morton then offered the following ::
ResOited, That W. II. 0deIl, ]. c, Cart.
wright and ]. w. Watts, persons named
as electorsin certificate No. !, are the
lawful electors OF Oregon, and that their
votes are the votes provided for by the
Constitution Of the United States, and
should be counted for President and
Vice President Of the United States.
Mr.. Hunton moved 10 strike out the
name J. w. Watts. disagreed to-yeas,
I, naysS.
Mr.. Mortons resolution was then
adopted-yeas, s; nays, Z, rs follows:
IEAs-BradleY, Edmunds, Frelinghuy.
sen, Garfield, IIoar, Miller, Morton and
Strong-S.
NAYs-Abbott, Bayard, Clifford, Field,
Hunton, Payne and Thurman.
The decision of the Commission was
then drawn up and signed by the eight
members voting in the affirmative.
On motion Of Mr.. Morton, the lnjunc.
tion on the acts and proceedings OF the
Commission, except Us regards their re-
port 10 the joint session OF Congress, was
removed, and the Commission adjourned
to meet in the Supreme Court room at l2
o'clock tomorrow.
Tho report, in substance, is as follows ::
The Electoral Commission, having re-
ceived certain certificates and papers
purporting to be certificates OF the cleo
toral votes Of Oregon and certain papers
accompanying the same and objections
thereto, report that it has duly consid-
cred the same and has decided, and
does hereby decide that the vote
Of W. H. 0dell, ]. c. Cartwright,
and ]. W. Watts, the persons named
in the certificate OF the Secretary Of
State, Of Oregon, as the persons receiving
the highest number Of votes for the
Presidential electors are the votes proyid
ed for by the Constitution, and that the
same are lawfully to be counted as lesti-
fed TO in the certificate OF said electors,
namely: Three votes for r. B. Hayes, OF
Ohio, for President, and three votes for
Wm. A. Wheeler OF New York, for
Vice President.
The report will further set forth that
the election Of Watts by the other two
members OF the Electoral College, was
in accord with the Constitution and laws
OF Oregon. The grounds for this decis-
sion so far as they concern the eligibility
Of Watts, are substantially that it is
competent to go behind the certificate of
the Governor so far as the same is not
founded on the action Of the canvassing
or returning authority provided
for by the laws Of the State,
which authority, in the case Of
Oregon, is held to be the Secretary Of
State. The report will also take the
ground that il is not essential to show
that an elector was eligible on the 7th Of
November, provided it be shown that he
was eligible when he cast his vote in the
Electoral College, and the fact appears
that the alleged ineligible elector, Watts,
was chosen to ill the vacancy caused by
his own absence from the Electoral Col
lege, and he was not ineligible at the
time he cast his vote.
DEMOCRATIC CAUCUS.
WASHINGTON, February 23.-When
this afternoon, information reached the
House that the Electoral Commission
had decided upon counting the Oregon
vote for Hayes and Wheeler, motion
was made and carried to take recess
until tomorrow at 10 o'clock, the pur-