The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1877-03-01

l referred TO the Electoral Commission, and tn,
| Senate retired to its own chamber.
| THE COMMISSION.
The electoral commission met at l O'Clock, all the
members being present. rhe papers received from
both houses were read. Justice Clifford asked who
appeared as oojsctors on the two sides. Senator
Kelly announced that himself and Mr.. jerks would
Sergeant announced that Senator Mitchell and Mr.
lawrence would appear obiecsor to certificate
NO 2. Mr.. Kelly asked for aa order for the pro-
duction Of the commission and resignation of Watts
from the Postofnce Department. and also that
Senator Mitchell and Mr. Watts might be subposn.ed
| as witnesses. An order in both cases was granted
and at the request of Senator Kelly who was TO omen
| for the ob5ectors, a recess of nalf hour was
TAKEN to allow him 70 procure the necessary books
| etc. The commission was called to order again nj
ten minutes past two and Senator Kelly proceeded
to submit his objections to the certificate. He was
followed by jerks on the same side. Senator
Mitchell and Mr.. Lawrence then argued the Repub-
lican cases. Adjourned till 7:S0 p. NJ =. The COM
| mission reassembled in the senate chamber at 7:so
Merrick announced that Hoadley aud himself would
appear for the Democratic side Evarts said Judge
Stanley Matthews and himself would appear for the
Republican side. Hoadley then addressed the COM
mission. At the conclusion OF his remarks the
commission adjourned till 10 O'Clock tomorrow.
EIGHTEENTH DAY.
WASHINGTON, February 22.-The
Commission met at IL O'Clock, Stanley Matthews
opened the ball the Republican side, contin-
uing his argument commenced yesterday, closing
With declaration that he had appeared not as
a counsel for any party but in support of the
great constitutional principle, regardless Of any
popular clamor that might be excited. For Grover
to take upon himself executive. judicial and egis-
atve powers was to bring about complications that
would make the confusion Of government mex
tricable. Judge Strong said the counsel had now
consumed two hours each, and still the question of
the admissibihtv of the evidence was before the
Commission. He thought II should be submitted
now, subject to the Judgment of the Commission
as II its effect, fhe proposition was adopted but
neither the papers called for in the subpoena duces
tAcupi served upon the Postmaster General were at
haud, nor were the witnesses present ard the Conn.,
mission took recess. After the recess MerrcS Of
W. Watts postmaster, dated February Is, 1873.
After taking evidence with regard to the time and
manner Of Watts resignation, John W. Watts
called to the stand and testified to certain facts re-
iative TO his resignation. Mr.. Evarts commenced
his argument at bali past four. and wss followed
by Nerrck, who addressed the commission on the
Democratic side. He claimed, Cronin held the
certificate with the broad seal of the state attached
to it, he had the muniment to the tile of Office.
He also claimed that the principl' Of the commis.
siops decision in Florida and Louisiana would apply
to the Oregon case. At 5 O'Clock, the commission
went into secret session. and remained therein until
7:2o, wien II adjourned until to morrow at 10:SU.
NINETEENTH DAY.
WASHINGTON, February 2S. - The
at 1880, and remained in consultation four and
half hours. At O'Clock discussion being con-
eluded, and Senator Thurman not being able to at
tend the sitting on account of illness. the members
proceeded in carriages to his residence. Thurman
was found confined to his bed, where he remained
during the proceedings. Justice Clifford called the
commission TO order and a vote taken the
following propositions which bad been informally
submitted and discussed but not vo' ed upon dur
ing the days session: A resolution BY Edmunds
hat the certificate signed by Il. A Cronin j. N. T
Miller and John Parker. purporting TO cast the
electoral vote or the state OF Oregon, does
tam or certify the constitutional votes to which
said state is entitled Field offered as a substitute
to this resolution to the effect that ]. w Watts
held an office of trust and p.otit under the United
States on the DAY of election, he ineligible to
the office of cleo or according to the constitution.
Re jected-yess &. ma 8 Z. Field offered second
substitute. in substance, that said Watts, being
ineligible 10 the Office of elector, That tnert
failure on the part of Oregon to elect third
third substitute was intr oduced by Field to the
effect that, as the Legislature OF Oregon had made
no provision for the appointment of an elector
here there was failure TO make a choice on the
day prescribed by law, that the election of third
elector by the two persons chosen imperative
and void. Rejected-yeas, s; nays, 7. Bayard III
troduced resolution the substance of which vas
that as there had been failure at the election
November to appoint third elec on in accordance
with the constitution of the United States that but
two votes ould be counted from the State of
oregon iected-ysas 8; nays, 7. vote
then taken on Edmuuds' original proposition. and
the following: Resolved that W. H. OdelI. J. G..
Cartwright and J. w. Watts. the persons named as
electors in Certificate No. J. the LAWFUL electors
of the state of Oregon, and that their votes the
votes pro-ided for by the constitution of the
United States, and should be counted for Pres-
dent and Vice President of the United States.
Hunton moved to strisc out the name of
J. W. Watts. Disagreed to, yeas Z, nays s. Mr..
Morton's resolution was then adopted, yeas s. nays
T. as follows: Yeas-Bradey, Edmunds, Freling
hursen Garfield Hoar, Miller, Morton and Strong
3 Nays-ADbott Rayard.
ton, Payne and Thurman. The decision of the
commission was then drawn mp and signed by the
eight members voting in the affirmative. On mo-
ton of Mr.. Morton the injunction of secrecy upon
the acts and proceedings Of the commission, except
as regards their report to the joint session of con-
gress, was removed, and the commission adjourned
to meet in the Supreme court room at IL O'Clock
to- morrow.
Iut rv,lvr.u. ,s-HR. agpoaH--v -
son's report: The Electoral Commission having
received certain certificates and papers purportipR
be certificates of electoral votes of the state of
Oregon, and certain papers accompanying the same
and objections thereto report that it has duly con-
sldered the same and has decided and does hereby
decide, that the votes of W. Fl. Odel, j. }. Cart
wright and j. W. Watts, the persons named IN the
certificate of the Secretary of State OF oregon as
the persons receiving the highest number OF votes
for Presidential Electors, are the votes provided by
the constitution, ard that the same are lawfully TO
be counted as testified to i'll tn certificate OF said
electors, namely three votes for Rutherford b.
Hayes, of Ohio, for President and three votes for
VIM. A. Wheeler. as Vice President.
The report will further set forth that the election
of Watts by the other two mem bers of the Electoral
College in accordance with the constitution and
laws of Oregon. The grounds for this decision
so far they concern the eligibility OF
Watts, substantially that 1t is com
petent to go behind the certificate of the Gov
eraar so far same is lounded upon the ac-
ton of the vassing or returning authority pro-
vided for by the laws of the state, which authority
the OF Oregon is held to be the Secretary of
State.
The report will also take the ground that it is not
essential to show that an eector eligible the
7th of November, provided it be shown that he was
eligible he cast his vote in the electoral col
lege, and the fact appears that the alleged inelfg
bic elector Watts chosen to fill vacancy caused
by hls own absence from the electoral college. and
that he was not ineligible at the time he cast his
vote.