, 1877-02-23
FRIDAY. FEBRUARY -, 1877.

( %, 1877.
from condemnation Of open and reeo9nizsd e,
given reason Tor hts .ctloa to save
hi",St IN atv t5S absolutely !sregs.dl'e
CronLn BY his c1truson, that dii MT make him
The College. Otherwise yuu would bavo the
strange State of facts that under the Laws al
Oregon et.o could have three Electoral Col:
east lis yn.c In hia own way and by hla own
authority; but, il you atlnpt t1o rule that tic
n,alorttv constitutes tho College, yo,. nut your-
sell under s!'c protection Of ti'e nrlncIplc wh.i
hut v,'c Culiegc, and that majority anchor. to
tttc1f ait tae in,wcr. III surli c1l1egc. The Law
nf Oregon isscif says they shall fl! a vaeancI IN
The Electoral College by
4 PLURALITY or VOTES.
Can you have plurality OF votes when only
one vote Is catt1 Oregon had by provisfons u
the Electoral taw Of the Union powcr tD rr.-
vide for the failure Of m election: What was
ti,ata WlSit wna wien the election faileti to
maturity proceeded to 1clne.iy that defect, aud
It Il onlY on that case that they are allowed to
substitute their artL,a IL. place Of the ordinary
mode ot eleSt.ot,. But + does n2t require them
that caused by a. vacancy arising III
any other manner. 0rexon bus settled that
question for lttGlf. The statutes determine
Gs lo.i and tey pro?js IN t!,.s say for ,lii"s
Of vacancy III the Electoral Colleges. Now,
upon M examination of all these certificates,
! hare i'cen grltifed 10 ttnl that, although,
these operators up n Oregon were as harmless
- scrpcnts. they were mol any wiser tl,an doses+
Nut1lLg has been done there tint defeats the
Constitution Of II. Cnltctl States Or that le<
frauds The sta.s Of orrRon. q that defeats the
election N President All that las resulted
from nn ATTEMPT to psrpe.ratc .oHsu'na'atc
fraud Is to exhibit the fraud to public condcn,-
aatlon; but the safety Of tho State remains utl~
harmed. -,
1tERntcK's AnGuMENT.
Mr. Mcrrfck then nlilrcsscd tife Commission
on Tie neusocratle side. liz said that he 3D.
dressed himself to tic tribunal Believing they
would adhere to their previous decisions, anl
apply the same prit'cples to the jecIstnu Of the
Oregon easc that they slil to tic Louisiana anil
Florida easea. lie must consdcr tlIai lie real
incanln1 Of thcr Judgment In these eascs was
t!lat tho certificate nf the ttoyernor was the cU-
elusive and Iftsmate ast performed ly the State
Osa IT, srss s ss arsus si4 s c sss to Fl e. ou
aaa atil Florida Il. reference TO tho ascertain
lncnt of the rcsult VI the appointment Of Eicr-
tons were similar to the law Ut Oregon, aud sub
mittea TINT to withhold the .otnt,atsson or to
br THO loycrnor to 10 Ineligible to the olicc,
asthe legitimate performance of constitution
at ar'h prnper executive trust. You have told
us hnld be- tint the Htate cannot interfere with
M Elcctor, whether he be eligible OF Ineligible:
whether ls election he accure.t bY fair mrat,s or
foul You have told IA iltat IT ianaot bc utter.
fercd with except between tho time Of the con-
clusIon of tt,c Returning Board md tf1c time or
Ills yat!ig. Now, tho State Q! Oregon, seeking
70 perform her duty. ufa1 this ntich-abused
Executive. seeking to protect that statc from
the odun of having wa'ltonly violated the Con-
ttnutten Q! thc United States, have soless',ly
1it,AJ ntI III tfrHfu 4r,
elected was not elected: Thc Governor Of
an Snellci6lc, clndklate without Violating biz
0at!i ai'u being guilty OF at tnffactton Of the
afr. Merrick claimed, as Cron!n held the eertIa-
catt Will tho broad seal Of the State attaclcd to
1t, lle had
TIE MuxiMEHT or TYrtu
Tho opposing counsel said, IN considering lie
evidence 0f the title possesacA by WITS. that
ho hah the certificate Irom the Secretary OF
state as to tic canvass Ut votes. What DID this
ktracs ot yoet Gust at the Pres dental election in
O1yvnn." Itaorsnot say tranyaas VI tho votr,"
u lnAke Il appear tllat ''ab1tra:t :" and 'guil.
.vass wtrc synonymous TURNS. flo. referred
y tue ssatutcs oF Orcson, whIcs, required clerks
t1tsn up. These uLstra :fs, the Governor
and Secretary u St1tu We're required to
rat,Yass, ana WHEN they i,svp ganr a.ard thesa
a.stracts lhe canvass makes another psncr,
oltlrc. and which Is nut crc In tlls certificate
On subject Ut u vacancy, counsel ,nadc tho
thcru cuuld 10 no vacancy, and unless oucs
A!lcd there
cou1p nB no na,,osArtoy.
The yaca,cy altered t., Is tiiied ty .hess
E}crtors wa uol srcate.i by Cron,n's ahsenre.
6ut by Watts, rcslrnation. II ticy haa In,
naycr tn iii tho va"ansy At ai Inv cYt,,tr tr'l
tint n,,yer by fl1inr ynranry ..rcat,si Gy tho
rrsIc,'ation by Watts and mi b. lie nor.agtftn
OF Cro,in. ' -
Thu stn.aker concluded in tno following lau.
r;,n,s: [ rIatn, that vnm aihrrn n IL" snir
nt,, nrinci;a III tl orts,n,, rnu iay,s rrntlrrel
in In, ta,ses Of F,nritia mi im,isiana. Il ia
nuIim il sH.thcr ti.cv s,rf".t,,. t., M
t,,nInm a" II" .mhrrt ~ w ,yo.etttn,'nat, ~ ~
MI. T,cv hnvc I,cH, rs.r'inr..I IL ts trfi,,innl
Congress. passed. into tic history of siIs coun-
tI}. ana atu III opefAtY' encet ~ thc Psncess
n. ton ,GIt"E " y. oe,et"ntatn3 nHo suan ~
nh.t.'n =. ia .e'..n "' ,u,nIus;nns s,'hed i'v
| tAosg grcat men tu wt,Um t1,u peor)e
=