The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-03-01


of State but it did not but it did direct that the
people, the qualified electors, shall by plural
ty OF votes, to be cast in the different precincts
choose electors. Behind this ultimate deter
mination of the Canvassing Board neither the
Governor of the State nor the tribunal whose
final duty it is to count the votes for President
and Vice President, whether it be the President
OF the Senate, the two houses of Congress, or
the Electoral Tribunal can rightfully go.
Judge Hoadley then addressed the commission
on behalf of the Democratic directors.
He contended that the action of Gov. Grover in
withholding certificate from Watts, who was
clearly ineligible and giving it to Cronin, the
next highest candidate, was legal throughout,
and that there is nothing in the law of Oregon
which authorizes any such certificate or exem-
plification as is presented by the supporters of
certificate No. |. He said: my proposition
is that the State of Oregon, through her State
officers has spoken, and the result of that speech
is here in the certificates given to Cronln, OdeH
and Cartwright. These are the only legitimate,
lawful evidences of the act of Oregon in
this matter. I submit that the certificate or
list signed by the Governor and Secretary of
State of Oregon and delivered to the College of
Electors is final and conclusive evidence Why
were the Governor and Secretary required to
sign this list? It is because the chief executive
of the State and the canvassing officer should
unite in declaring who is elected, and when
thus signed their signatures give it the con-
elusive and final evidence which is required
At the conclusion of Mr.. Hoadleys argument
the commission adjourned for the day.
THURSDAY, Feb. 22.-Judge Stanley Matthews
addressed the commission in opposition to the
Cronn certificate (No. q. He contended that
the Governors certificate fell to the ground
when it was shown that it was not war;
rant to the electors for the performance of
their duties. The law of Oregon required
that the votes for electors should be given,
received, returned and canvassed the same
as for members of Congress- and in the case
of members of Congress it was made the
duty of the Secretary of State to canvass the
votes, and there the statutory directions end.
The statute in relation to electors further
provided that the Secretary of State should
certify two lists, showing who had received
the highest number of votes, and there the
canvass ended, The constitution and the
law stamped that record the legal
and constitutional result of the election.
Mr.. Matthews combated the proposition that
the ineligibility of Watts made a non-elec-
| ton, or that the votes cast for an ineligible
candidate were void. For the Governor to
take, upon himself executive, judicial and
Legislative powers was to bring about a
complication that would make the confusion
of the Government inextricable. At the con-
!
Strong said that the counsel had now consumed
two hours each and still the question of the
| admissibility of evidence was before the COM
mission. He thought it should be received now,
subject to the Judgment of the commission as
to it's effect. The proposition was adopted.
Mr.. Merrick then offered as evidence certified
copy of the commission of John w. Watts as
Postmaster, dated Feb 10, 1873, and the COM
mission of Henry M. Hill as his successor, dated
Jan. 8, 1877, in which it was recited that he
Child was appointed Nov. 3, 1876. Postmaster
General Tyner was called by Mr.. Evarts. A
telegram from Watts resigning his Post
mastership was produced and admitted.
This was received Nov. II, and the answer &C
cepting the resignation was sent on the same
day. John w. Watts was called, and testified
to the same facts relative to his resignation.
After listening to arguments by Messrs. Evarts
| (fOr the Republicans and Merrick (for the
Democrats) the commission wen tinto secret
session.
FRIDAY, Feb 23.-The Electoral Commission
was in secret consultation ON the Oregon case
from 1890 to o'clock, at which hour the arbi-
traitors repaired to Senator Thurman's resi-
dence, that gentleman being confined to his
bed, where he remained during the proceedings
of the commission. vote was then taken on
the following propositions, which had been in
formally submitted and discussed, but not voted
upon during the days session. By Senator Ed
munds: 90 Resoloed, That the certificate
signed by E. A. Cronin, J. N. T. Mil
ler t al! and John, John Parker, pnrportting to
Oregon, does not contain or certify the consti-
tutiOnal votes to which said State is entitled .
Justice Field offered the following as substi-
tute "WHEREAs, J. w. Watts, designated in
certificate No. 1 as an elector of the State of
Oregon for President and Vice President, on
the day of the election, viz: the 7th .day of
November, 1876, held an Office of trust
and profit under the United States therefore,
Resolved, That said j. W. Watts was then in
eligible to the office of elector within the ex-
press terms of the constitution" Rejected
yeas, z nays, g. as follows: Yeds-Abbott,
Bayard, Clifford, Field, Hunton, Payne Thur
man. Ndys-Bradley, Edmunds, Freling-
huysen, Garfield, Hoar, Miller, Morton, Strong
s. Justice Field then submitted aresolution to
the effect that Odell and Cartwright the only
persons chosen electors in Oregon. This was
rejected by the same yote-7 to g. Justice
Field offered still another resolution, 'that the
attempted reelection of a third elector by the
two persons chosen was imperative and void "
Reflected to s, as above Mr.. Bayard offered
a proposition to the effect g that the votes of
Odell and Cartwright were the only votes pro-
vided for by the constitution, there having
been failure to appoint third elector in &C
United States and laws of the State of
Oregon, and that these two votes should
be counted, and none others from the State of
Oregon" Rejected-yeas 7; nays, 8, as be-
FORE vote was then taken on Mr. Edmunds'
original proposition and it was adopted-yeas,
Is; nays, none. Mr.. Morton then offered the
following g ResoEUed That w. H. Odel, J.
G. Cartwright, and J. W. Watts, the persons
named as electors in certificate No. l.,
are the lawful electors of the State of
Oregon, and that their votes are the votes
provided for by the constitution of the United
States, and should be counted for President
and Vice President of the United States" Mr..
Hunton moved to strike out the name of J. W.
Watts. Disagreed to-yeas, T.; nays g. Mr..
Mortons resolution sI1 was then adopted-yeas
s. nays III z as s, follows I?eas-Bradley, Ed
Norton Strong--8 Nays-Abbott, Bayard,
q Clifford, Field, Hunton Payne, Thurman
up and signed by the eight members voting in
the affirmative. On motion of Mr. Morton, the
injunction of secrecy upon the acts and pro-