, 1877-02-23

between Grnncres Park, New
York, and salem. Urcgos,. itu contcndel that
tho Governor's cesti,icaso fell to Tue ground
the Etcttors for Tie performance u tcir duties.
The law Of Oregon requirtxl thu. Tho yotea for
Electors should b glren. received, returned,
ana az eava:scd ~, ttie sa'no a. TOR nlc!miess
bess Of Congress It ,ras made The duty
of the Secretary of stHte to eanvaas tho
votea: and there tho atntutory directions
provtlcl that the Secretary OF State rhoaIl eer-
tlfy two lists nho*shg wlu hal received tho
highest number OF votes, aisi there
TIN CANVASS ENDED.
Tie Constitution aud the law stamped TINT
record tue legal and constitutional resalt u tho
elcctlen. They ha1 maac profFef Of the thing
ltscll, not the proof o the thing, but the actual
and substantial rcsuft Ut tho canvass,-that
tlie State u .l!c real rank and tJtlc. Xii elss
vas mere proof, mere prima facte evidence. to
be taken u rr0lf unly TIL cyntruntel by proof
anl shown A. false The certificate Ut tic Nnv-
atltutc for thy canvass. II ms signed by tue
Secretary Of etatc simply ~ al attcstfns Wit
meas, and not ~ tho tanrasscr Ut tho votes.
TlEEt tho possession OF the commission Has not
essential to the dis :1mrgu Of the duties OF tho
o1fler, he contenlcd, was
WElt~sETri.KD PRINCIPLE OF LAW.
The certificate Of tho tiovcrnur Of Oregon did
not 70 conform y ~ to the stat1tes Of tle United
5tatcs " VI OEe4ou' 6lppose tAat tue tcFtnl-
Odell. Cartwright. and Crolll:,, a body uf thrtc
persons, to meet, consult, deliberate, anil vote
together ~ the cytesc, Which Nc :essurlly con,
not sct as . body; t!,at All net u = quorum
s,onlt1 orIly be ncreptel o. acts Ut the body.
This yfcw Ut the case had bccn SUSTAINED by de-
ess'ons in the Supreme Court Of Orczoti. In
regard TO what constituted vacancy, he con-
tented that wien the object was to keep up
bsxy to Its full iunlbcrt for the protection uf
the intercsta OF the pooplc. when It was sought
to guani against every possibility OF ihu Coslcyo
not being iuti' tl1e word ''otlerwsen - sho,ltl 1c
construed literally, and that It WIS intended to
cover all tho racai,tlcs that might occur. II tho
Governor WIS competent tribunal tn set nside
the election, that vacancy extstct, Which tho re-
wsMn EMPOWERED TO ytll.
:, Mr. hiatthaHS conlbatcd tho proposition that
thu lncl9ihllty OF Wntts mAtlc ilutl-ctectlon.
Or TINT tho vntcs tast for MI Ineligible Candidate
Kcru voti. Hc aleu cunteulel ttlat The English
decisions, wllct, declared q candidate wllo was
eligible, but received lcsa number Of yotcs
tta,I hs ineligible opponent. elected, lad not
been adopted a. an American. rule. which was
TINT when such eass occurred neither was ell
officer was objected tO by nobodf. his official
nets stood ns l1ng a ho held olI}cc. lii relation
to the sell-cxcrItion OF tue Constitution, lIv
argued that unless thcro WIS Legislative pro-
vision, II
Tie prohibition Of tic States from making LAWS
impairing contracts cDuld ncvcr be executed,
I'i for the legislation which gaye the courts
judicial power TO try alleged violations Of Its
hfr. Matthews closed with tho declaration tha.
he had appeared not az the counsel for anY
party, but lii support Of tho EFcat tutfonai
prlnc!plc, re9ardltss Ut my popular clafhor
take up0n himself executive, judicial. anl leg
islatlyt powers WAS to bring auout d co.nplica.
tion thns would make tho confusion OF The Gov
eruucnt lncxtreablc.
JUDGE STRONG
said that tho counsel liaI 1luw consulncd two
hUlrs each, and still thu rucs.lufi Ut tic nlnfs-
s!btllty vi evttlutlce wts heloru the Commission.
lie thought II Should be received non, SUBJECT
to tle Judgment Ut the Commission ns to It's
effect. TLs proposition was ueiopteJ, but neither
Of Tho papers called Iur In tho subpDaa 1urcs
tcGuul, served upun uir rustulaster-t tietcral,
were ut hanI. nor were tho witnesses present;
aud the U1lnAlf4s1a t0tik rcceAs.
EVIDENCE.
At.cr the recess str. s.errisk offered ecrtla-
cats copy ut tue cutNt!lsatute ut, 1nhn ". Watts
Is postulastcr, tlaietl Feb u, 18TH
thcntiea.rd, but sai,i tha. tho Postu,astcr.Gct,-
cral was In attendance, ready to verify tho pa
pcrs ir1tn his ullicG,
Judae Clifford sustained tho objection, but
said they null right to hayo theu certified under
the order OF thu Commission.
alr. EVarts waived nls objection, and MF. Mcr-
rick next prrscntcll tho COMMISSIONS ot Henry NJ.
Hill aa post:nastcr, dltca Jan. =, lo77, III wlt'l
It was rccttcd tnnt 10 was app,tntea On tue W
ct November, tsiJ; TUT otl thu l1th day of
December hc executed his bond and took tho
oath Of ol.lcc.
wsrxEssEs.
Postmaster General Tyner wns called by SIR.
Evarts. A tGlGVtam frotu Mr., Watts resiLutug
hts fustnsastershtp was l,souscd nut admitted.
This was received Nov. II, an1 tits answer ac-
eeptluE tic resignation WA autlt III tne aultlc
dny. On tic Ath vi November tile wls,tss re-
ceived I, letter, tLroagh speemt rost ;Oillre
wt1o1, III which Mr. Watts tenlerc,s htx yet!gna-
tio.l. On tho litll VI Nuyrlt,Dcr tNa witllcss
tctcgraplsea t1 Underwood tn take charge otthc
otlite TIT Alr. "att4' susyessoF was appuntcl.
On tt,s 18th M November tae seevayraa . 1ctteT
frotn Underwood. stating that l!o lla.t takcu
charge OF tho utltte ut0rtlink to 1llstru:tiuns.
Othys telegranas asA letters wese psoIuyv1 to
show tno ietIlls III cun,luetun viii! the reslgua-
tull Of Watts a''d the appointment aud Quuliu-
SatIut, af his aAvcessur.
Mr. Thurman inquired II there was any lsw or
sulc Ut the department that Required tho ar-
counts Of Postmaster to be settled telure his
General repl,cd TINT liz Was not Awarr u my.
JuHN ". WATTS
wa4 ealIe1, and testified to tnn saun facts rela-
tive to I,ia resignation aud its acceptance.
aud tcstIhctl that tue accounts Of Waits aad
beau udJustel atl settled to aud Including tho
18th Vi November.
MIt- EvAnrs' AA0uAkNr3.
Mr. Ev1rts eunlAcutcd Ills ArEunIcnt al Aalf.
past o'clask, With clal1u that tue cnurss pur-
sued au tnAt sltlu III connection vita t.lls rase
waa consistent With thulr clollns In tl,e Flunda
aud Louisiana caaes. ln tii"ss yuscs, the ccr.
tiarRta Iah been III aeeordanco with the canvlts,
aud tucy held now that tan certificate snoull
conform en tho eaayass. T!lesc tWa conforms
lug, tllu evidence WIS Conclusive. Thu CANVASS,
u ulaIutalue. vas tho substance thu certllsatu
tue form. liu charged that tic opposition hati
changed their claitna with the dttfeEent Cd ,cs,
mid Tor tAat reason had lHen vouspelle4 to
chunge counsel.
Mr. Eyarts then took UP tho certificate OF
Odcll, Cartwright, and Watts, claiming that h,
It every requirement. ui tna Constitution bal
been complied with. lie i1lstatct! that
THE EyluEsCB or Tl1L1
rested In this cert:ate7 ahd tiot 1T the one
which had tho GuycEnor's signature, Tho at-
scs.es u certified ltat .sas through tLe default
oi tiip 0uyesnsF aud Secretary ot State, aud not
through any neglect Vi E.ectoss. Tho refusal
Of ttleas ulllcesa to furliah thu list was dcscr-
tIun VI uuty, aud SUN 1ser.lons OF .tuty always
Ind au oblcet. 'rl!a e.ai1hcate conta,nel more.
II coEtalnc. an abstract 0f tho Yates cist fur
+I1tE IL 1F1f kf4H