The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-24

here the presentation OF tho iucts OF the electoral
point is cited. When MIR. Harrington was chosen
Mayor OF tho town OF Manchester, VI, some
were his Political opponents, ran away with
tho returns and refused to publish his cec
ton; nowiths,anding ms, nc proceeded TO tho
duties OF Mayor, and was not disturbed his ability TO
avail himself OF quo ~arrdnto being recognized aud
his legal tenure Of his olico admitted The repub
cans say that should IL become evident by tho 30 or
March, that the hliouserng plan IS TO be persevcred
day The President pro tenn. OF the Senate would
then become Acting President OF tho United States
until the choice OF President by an election OF tho
people, which, under the unrcpeaed law OF 1892 would
be held next November in the usual way.
Senator stewart sad TO- Jay mat IN case me dem
way out of tho difficulty for the republicans
was for President Grant TO resign and allow tho
Senate TO elect President. Tho law IN
the event OF failure to elect by the people was vague
but If The suggested adopted there will DO
Senator Jones' OF Florida said tho best lawyers on
both sides were divided IN opinion AS TO the consttu
tona course to be pursued in the evcut OF non. cec
ton by the 4,h OF March Congress could II disposed
easily arrange tho matter, but IN the absence OF add
ional legislation the whole question was beset with
PROCEEDINGS OF THE COMMISSION.
WASHINGTON. Feb. %, 1877.
The Electoral Commission reasscmbled in secret
session at halpast ten O'Clock this morning. pursuant
TO last evenings adjournment, and remained In con.
At three O'Clock, tho discussion being concluded and
Senator Thurman having been unable TO attend the
ting owing to illness, recess was taken In order to
ascertain whether he would prefer coming tho Cap.
ol or the commission should proceed his resi-.
dence and there transact the business incident 10
l. taking vote committee consisting OF Senators
Bayard and Frclinghuysen appointed for this
purpose and reported IN due time that Sen.
Thurman preferred 10 receive tho commits.
sion ut his house A. four O'Clock, therefore. tho
other members OF the commission proceeded in car
riages Senator rhurmans residence, Fourteenth
street, between X and l. streets, accompanied by
Messrs McKenney and Catlin, Secretaries, and Mr..
Reardou, the Marshal OF the commission. Senator
Thurman found confined TO his bed, where he
renamed during the entire proceedings Of the CON-
MISSION which formally called to order by Justice
Clifford President The then taken on tho
following propositions, which had been informally
mittcd and discussed but not voted upon during the
days session.
BY Mr. Edmunds-
Resolved That the certificate signed by E. A. Cronn J.
Oregon certify
she constitution votes TO which said >tae entitled
Justice Field offered the following as substituted
Whereas Watts, designated in certificate No As
sleoF Of the STATE Of tor preasn, and Wee r,s
ls7-hcld an office OF trust aud profit under the United
Ressivec That the said j. W Watts was then Ineligible
the elccior within the express OF she
stitution.
Rejectcd-yeas :, nays S-as fol!ows:-
yxAs-Messrs. Abbott, Bsysrd Clifford Field. Hunson,
Payne and Thurmnn-I
field. boar. Miller. Morton and S.rong-s.
Mr. Justice Field then offered the folIowing:-
Whereas tie 9TH day of November,
Wee S and
tors said Waits. then holding ofee Of
trust aud profit under United states. was ineligible to
Resolved. That odel and c.r~riehs tho
failure the Of the state to elect third elccor
Rcjectcd-ycas !, nayss; tho same vote 10 detail
justice Field Then offered the foowing:-
Where's the LEGISLATURE Of oregon ha. made no Prov
sion tho appointment ." cecor under she aes Of Con
Resolved That the attempted selection Of ,hird eee.
by tho two chosen imperative and void
Rejected-Yeas Z, nays 8, as above.
Mr.. Bayard then offered the following
Resolved THAT tho vote Of " y 9de'I and the vote OF
President Of the United states and tor William Wheeler.
the provided Tor BY the consacn Of shs United
and that the aforesaid odel and Cartwright, and
state Of Oregon 1t the election held november 1876
third eector with the constitution
Of sl United STAT; and 81. Laws Of h Re state q
other from tao State Of Oregon.
Rcicctcd-Ycas Z, nays s, as above.
A then taken Mr. Edmunds' original
proposition, and II was adopted Yeas Is, naysO
Mr.. Morton then offered the lolowing:-
Resolved, Tina. W II. odel. j. G: Cartwright and W.
are the lawful electors the State OF Oregon and thai
the United states should counted for presacn. snd
Vic, President OF the United States.
Mr. Hun'on moved to strike out the name Of J. w.
watts, which was disagreed 10 by vote OF yeas to
nays. .
YrAs-Mc.srs Bradley. Edmunds. FrcIinghuysen. Gar.
field lloar. Miller. Morton and S.rong--S
Payne and Thurmap-7.
The decision of the commission was then drawn up
and signed by tho eight members voting the affirm.
alive.
ADJOURNMENT or THE COMMISSION
On motion Of Mr. Morton the injunction OF sccrcsy
upon the acts and proceedings OF the commission
regards their report 10 the joint session Con-
gress, removed, and the commission adjourned,
to meet IN the supreme Court room at twelve O'Clock
tomorrow
THE TRIBUNAL.
The report in substance as !oows:-
The Electoral Commission, having received certain
certificates and papers purportiDg 10 be certificates
OF tho electoral votes OF the state OF Oregon and
tain papers accompanying the same and the objection
thereto report that ~ has duly considered tho same
aud decided and does hereby decide that
ofW. H. Ode, j. e. Cartwright and w. Watts, the per-
named tho certificate OF the secretary OF state OF
Oregon the persons receiving the Of
tor Presidential electors the votes provided
for by the CONSTITUTIONS and that tho same arc law
fully 10 be couLtcd "a testified to IN the certificate OF
said electors, namely the three votes Tor Rutherford
g. Hayes, OF the State OF OHIO, for President, and
three votes for William a. Wheeler, OF tho State OF
New York. for Vice President
The report VIII further forth that the election OF
Watts by the other two members Of the Electoral Col
lece was IN accordance with the constitution and laws
OF Oregon Tho grounds for this dccision so far ns
they concern the eligibility OF Watts are substantially
that IL competent behind the certificate OF the
Governor so far rs the same is founded upon the
acton ~ the canvassng or returning authority pro-
vidcd Tor by tho law OF the Stale, which authority Ia
the case Of Oregon, is held to be the secretary vi
State.
The report will take the ground that IL Is not essen
tal show that clccror eligible on tho eth Of
November provided IL be shown that be was eligible
when he cast his vote In Electoral College, and tho
fact appears that the alleged incleibc elector wat,sl
Electoral College aud that hc was not IncIig
bic at the time he Cast his vote.
TO.DAy's PROCEDURE.
The Secretary OF the commission viii tomorrow
morning deliver TO The President pro tcmpore Of the
Senate the formal decision above described, together
with all certificates and accompanying papers IN
the case witch referred TO the commss son. and
tho Secretary will also deliver the Speaker of tho