Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1877-03-03

even II Cronin had been legally elected his alb
sence from the meeting Of the electors and his
failure TO act with them, disqualified him. He
said that as two Republican electors were
chosen beyond all question, and had received
the certificate Of the governor In due form,
they, as a majority Of the college, were author
lied to select and appoint the one member
about whose eligibility there was dispute.
Judge Hoadlcy Of Cincinnati, who Is the man
aging counsel In the Oregon case on the Demo-
cratic side, opened the case. lilo assumed that
the commission had declined to exercise any
judicial powers whatever, and In that assump-
ton claimed they had no power except to count
the returns certified by Gov Grover. Many
points he made were similar to those presented
by the Republicans in the case OF Florida and
Louisiana.
Judge Matthews claimed that tho record OF
the canvass In the Office Of the secretary OF
State was conclusive evidence OF Watts'election,
and declared that Gov. Grover was bound to
issue the certificate to Watts in accordance with
that canvass.
Judge Strong moved that the Democratic
Offer OF evidence as to Watts ineligibility 90
Immediately admitted, and the motion was car
ried without dissent.
Watts, tho eloctor referred to, was put
upon the stand He swore in tho substance
thai no had held the position OF postmaster at
Lafayette until the thirteenth of last Novem-
ber when he resigned. On the fourteenth his
resignation was accepted by the Post-oifice de-
partment and hc had not acted since then.
The auditor of the treasury for the Post-otlice
department corroborated this evidence, and
then. the Democratic counsel declining to cross
examine, Mr.. Evarts made his argument for the
Republicans, and was followed by Mr.. Mcrrick,
of the Democrats after which the tribunal went
into secret session.
The tribunal having c, included its discussion
the following resolution was offered by Mr..
Edmunds
Resoired, That the certificate signed by +. A.
Cronn J. N. 7. Miller and John Parker, pur-
porting to cast the electoral vote of the State of
Oregon. does not contain or certify the consti-
tutional votes to which said State is entitled.
Justice Field offered the following az sub
stitute
Whereas, J. W. Watts, designated in certif-
cate No. 1 MS an elector Of the State of
Oregon for President and Vice President on the
day of election, viz, the seventh day of Noven-
Der, 1876 held an Office of trust and profit un
der the United States therefore,
Resolred, That the said j. W. Watts was then
ineligible to the office of elector within the OK
pressed terms of the Constitution.
Reiected-yeas, seven; nays, eight, as fol-
lows
Nays -Messrs Abbott, Bayard, Clifford, Field,
Hunton, Payne and Thurman.
Yeas-Messrs. bradley, Edmunds, Freling--
huysen, Garfield Hoar, Miller, Morton and
Strong-S.
Justice Field then offered the following:
Whereas, At the election held on the seventh
of November, 1876, in the State of Oregon, for
electors of 1 resident and Vice-President, W.
II. Odel j. w. Watts and j. f.. Cartwright
received the highest number of votes cast for
electors, but
Whereas. The said Watts, then holding an
office Of trust and profit under the United
States was ineligible to the Office Of elector ;
therefore
Resolred, That the said Odell and Cartwright
were the only persons duly elected at said cleo
ton, and there was failure on the part of the
State to elect third elector.
Rejected-yens, seven, nays, eight-the same
vote in detail as the preceding.
Justice Field then offered the following:
Whereas, The legislature of Oregon has
made no provision for the appointment of all
elector under the act of Congress where there
was failure to make choice on the day pre-
scribed by law; therefore
Resolued, That the attempted selection of a
third elector by the two persons chosen was !
imperative and void.
Reiected--yeas, seven ; nays, eight Gas
above).
Mr.. Bayard then offered the following
Resolved, That the vote of w. H. Odell and /
the vote of j. G. Cartwright, cast for Ruther- /
ford B. Hayes, of Ohio, for President of the
United States, and for William A. Wheeler, of /
New York, for Vice-President Of the United .
States, were the votes provided for by the Con-
stitution of the United States, and that the
Odell and Cartwright, and they only,
were the persons duly appointed electors in the
State of Oregon at the election held OH Nov Z,
1876 there having been failure ut the said
election to appoint third elector in accordance
with the Constitution and laws of the United
States and the laws of the State of Oregon,
and that the two votes aforesaid should be
and none other, from the State of
Oregon.
Rejected 7 ; nays, 8, as above
A vote was then taken on Mr.. Edmunds' orig
nal proposition, and it was adopted-yeas, 15
nays, O.
Mr. Morton then offered the following: (
Resolred That w. II. Odell, j. G. Cartwright
ind J. W. Watts, the persons named as electors
II certificate No. /, are the lawful electors of
he State of Oregon and that their votes are
he votes provided for by the Cons.itu of
he United States, and should be counted for
President and Vce-President of the United
States.
Mr.. Hunton moved to strike out the name of
!. W. Watts, which was disagreed to by a vote
If seven yeas to eight nays.
Mr.. Morton's resolution was then adopted
yeas 8 nays ; as follows
Yeas-Messrs. Bradley, Edmunds, Freling-
iuysen, Garfield, Hoar, Miller, Morton and
,trong-S.
Nays-Messrs. Abbott, Bayard, Clifford,
field, Hunton. Payne and Thurman-7.
The decision of the commission was then
lrawn up and signed by the eight members
ioting in the affirmative.
On motion of Mr.. Morton the injunction of
ecrecy upon the acts and proceedings of the
commission, except rs regards their report to
he joint session of Congress, was removed and
he commission adjourned to meet in the SUI
IRENE court ROOM
The report in substance is as follows The
electoral commission, having received certain
and papers purporting to be certif-
ates of the electoral votes of the State of
oregon, and certain papers accompanying the :
anne, and the objections thereto, report that it
las duly considered the same, and has decided,
nd does hereby decide, that the votes of ".
/. Odel J. G. Cartwright and j. w. Watts,
he persons named in the certificate of the {
ecretary of State of Oregon az the persons re- !
Giving the highest number of votes for Presi-
ential electors, are the votes provided for by :
he Constitutions and that the same are law
ully to be counted as testified to in the certiti-
ate of said electors, namely. the three votes
or rutherford b. Hayes, of the State of Ohio,
or President. and three votes for William A.
Wheeler. Of the State of New York, for Vice
President.