The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-23

~ 4A's A'aAo' 4eleBEaW lTOm Mntt
Iesigning the postmastership was prc
duced and admitted. This was receive,
November l4th and an answer acceptin
his resignation sent the same day, o.
the oath November witness received
letter through special P.O. Agent I'm
derwood, n letter addressed to Underwoo,
in which Watts rendered his resignation
On the 18th November witness teIe
graphed Underwood 10 take charge O
the office till Watts successor was an
pointed. On the Oath November receive,
a letter from Underwood stating that h
had taken charge OF the office accordin,
to Instructions. Other kilograms ant
letters were produced TO show the detail
in connection with the resignation o
Watts and the appointment and qualiiica
tion Of his successor.
Mr.. Thurman inquired II there wa
any law or rule Of the department tha
required the accounts OF a postmaster L
be settled before his resignation could b.
accepted,
The Postmaster General replied tha
he was not aware OF any.
John W. Watts was then called, ant
testified to the same facts relative to hi.
resignation and acceptance.
J. NJ. McGrew, Sixth Auditor, wa,
called, and testified that the accounts Of
Watts had been settled up 10 and includ
ing the l4th OF November.
Mr.. Evarts commenced his argument al
$50, with claim that the course pur-
sued on the other side in connection with
this case was consistent with their claims
in the Florida and louisiana cases. In
those cases the certificates had been in
accordance with the canvass, and they
held now that the certificates should con.
form to the canvass. These two conform
ing, the evidence was conclusive, and the
canvass, he maintained, was,i substance
the certificate, the form. lie charged thai
the opposition had changed these claims
with the different cases, and for that rea.
son had been compelled to change coun.
sci.
Mr.. Evarts then took up the certificate
Of Olell, Cartwright and Watts, claim.
ing that in it every requirement of the
Constitution had been complied with
lie insisted that the evidence of title
rested in this certificate, and not in the
one which had the Governors signature
The absence Of the certified lists was
through the default OF the Governor and
Secretary OF State and not through anv
neglect of the electors. The refusal Of
these officers TO furnish list was deser.
tion Of duty, and such desertions of duty
always had an object. The certificate con.
tained more, it contained an abstract Of
the votes cast for Presidential electors as
on file in the office of the Secretary OF
State. A certificate by S. +. Chad.
wick, Secretary OF the State, who
was the custodian oi the seal OF the
State, and that enclosed was true copy
OF the abstract, and had affixed the great
seal to the copy, and besides this there
were minutes Of the College. The resigna,
ton OF Watts was read and accepted. II
the act had been done openly under an
uncertain idea he might have been dis
qualified. Watts did his duty, for he
would not put in peril one OF the votes Of
the State Of Oregon. The votes had been
cast and the ballots were here under the
Constitutional act OF 1892, and the laws
Of Oregon. These minutes were plenarv
evidence oithe validity OF the act OF these
electors, therefore, unless you hold that
the Governors certificate and its sub.
traction by violation OF the Governors
duty is sufficient 10 suppress the Elector-
al College and the vote OF the State, you
can have here everything that you need
under the act Of Congress without look.
ing at the certifcatewhich they put in in
support OF the title. Now we have an
other certificate and that contains moth
ing that contradicts the other, and moth.
ing that by itself can stand on its own in
speCtion as an adequate transaction. Mr..
Evarts then called attention TO the word.
ing OF the Governors certificate and con-
tended that it did not comply with the act
Of Congress in that, as he undertook to
insert the word eligible" before the word
electOr, to cover himself from
condemnation OF open and recoC.
ni1ed fraud and falsehood; instead
OF oSeying the constitution and laws of
Oregon, he has given reason ior his ac.
ton TO save himself from disrcgarding
his duty. Whatever may have happened
to Cronin by his exclusion that did not
make him the college, otherwise You
would have Il Strange state of affairs, so
that under the laws OF Oregon she could
have three electoral colleges, composed Of
one man each, who could cast his vote in
his own way and by his own authority.
But il you adopt the rule that a majority
constitute college you put yourself un-
der the protection Of the principle which
governs all cooperative action, that
there can be but one college and that a
majority anchors to itself all the powers
OF such college. The law Of Oregon itself
says they shall fill vacancy in the clecto.
raj college by Il plurality OF votes.
Can you have the plurality OF the votes,
when only one vote is cast? Oregon had
by the provisions Of the electoral law OF
the Union, the power to provide for the
failure OF the election. What was that?
Why it was when the election failed TO
produce the number Of electors required,
the majority proceeded TO remedy that
defect, and il il Onl Y in that case that
they are allowed to substitute their
action in place of the ordinary mode Of
election, hut il does not require them to
make different mode OF filling vaCan-
cy arising from failure to elect, than
that caused by vacancy arising in any
other manner.
Oregon has settled that question for
hcr5rlf The sIat,lipa de Crminr flint hy