The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-23

part Of their transaction. You have then this
absolute, proof that when this college undertook
to act. there were present the two mon that
without any imncachment had perfect
title TO. the Office. There was present
the third man. and there was nobody else
lr' scat, Th"n the transaction went on.
Therefore. unless you hold that the Governors
certificate and Its subtraction bv the violation Of
the Governors duty is sufficient to suppress
the Electoral College and the vote of the State.
YOU have hero everything that you need under
We act OF Congress without looking at the GER
title. Now. we have another certificate. and
that contains nothing that contradicts the other,
and nothing that 10y itself can stand on its own
Ivarts then called attention to tho wording of
the Governors certificate, and contcndcd that
Il dii not comply with the ~ Of Congress, IN
that he undertook to insert the word " eligible"
before the word election TO cover himscl from
The, condemnation ~ open and recognized fraud
and falschood Instead Of obcying the laws and
Constitution OF Oregon he has given reason
for his action to save himself from absolutely
the laws OF Oregon to show that when Two per-
sons are voted for the ono receiving the highest
argued that his disqualification To- hold the Of
flee docs not elect the other who receives tho
next highest number OF votes. In that case
thnre must hce now election II is not 1u"s-
ton Tor The Governor tu determine. The prin-
cple Of College Of Electors is that The ma
loriiy govern. and that principle cannot be- APP
piled to q less number than three One man Is
not college. and two men cannot he, for there
cannot be- Il majority unless there be- nj ri-t
three. Three makes college. because the vital
principle Of the college is that tho MA
l9rity EXERCISES the power Of the college.
what Is Cronins account Of this proceeding
II" undertakes to say TINT they refused to act.
But would you allow Cronin's statement. TINT
these two men resigned and deserted their duty.
70 outweigh their own certificates and their own
ballots that are here before your should think
not. You are bound 10 determine whether the
majority .9t collage can fill vacancy, or
whether the minority shall, and cannot help
concluding that the majority anchors the col.
lege to itself and that the minority is no college
II. M
electors did not recognize Cronn or regard
him as an elect9r. They had the right 70 that
az such. except as an experiment. To sre
whether he could te manufactured and stnild
Whatever may have happened e. Cronin 10y his
cvtruson. that did not make him the college.
ptherwiSr YOU would have IN" strange state Of
iarts thM under the laws OF Oregon she could
have three Electoral Colleges comprised II ono
man each who could cast his vote in his own
way an by his own authority; but if
constitute, the college you rut Yourself under
~" protection ol tlr prinrIp" which governs
an rurporatiN' action. that there can Doe hut one
college. and that majority an ,hor- To- itself all
the powers OF such college. The law of Oregon
Itself snys they shall MI vacancy in the Eiroto-
RAJ ,oIi,ge ~ plurality oi votes. Can YOU have
q plurality Of votes when only ono vote j. ra-ti
but where Is tronin~ evidence 90 sustain his
assertion that they refused to at us electors
iie produced III" minutes of the transaction.
lie then .pro.ged"d 70 MI their places by MS
j. -.
ior und,.r th" htI Iy f 6rn,,, n~a',n, ~,
the rrry tine of tb ri.t l,, ,h w. I ~,
power To- provide f"r The. failure "f nm .e,tl"u
What was thnt, Whv II ~ ,.H,,n H.. . ,i
foiib =" MIN. ~ ,',,,1l,r - ~ i,,r ',.i'
alired tie minority nr"needrd to rp,,ai,
lhat defect. and IL j. only in that cnsc
in the rla". ~ tIe or'iinnrv molo ~ ,i, "i,,n
Bu, il does not require them 10 mnke A different
To- rlert than That ra,,s'l bv n v,-nr " nris,,, in
any other manner. Oregon has s,ttIcd that
flat by no chance should the vote Of the Stat.
il. lo-t. and they rrovid,. in thnt wty fnr the
Hing of the vacancy in the Ei~toraf COLLEGE.
NV. uunn an pNnuinNtiln of ui these rnrtNi-
c.t.- / Ihuv. boon gr,.itii ilnnlihuf nlthn,l,.i
;lr- operators up IA or ,un wrr a. harnlc--
Nothing ha- boon done iil.r. mat ,lof'.,i- m,
tnn-tituiion ol Cnlt.d States or that icirinil-
tine Stat" ot Oregon. or that defeats the election
ui "a Pres don't All that has resulted from tn.
G @IG ,bc GrsR raa & ,a & p'9@a ann rGa4 + En-, 'S
tine safety of the State 'rpuuir- uuhnrmed
,,n ,,,o,...,... .,.,..,,..
Mr. Merrick then addressed the commi--. .,n
he assumed the sam. ri,n.ipl.s in tho con.
-ideraion of this -i-e that he dii in tine Florida
the judgment of this trllunni on m sc
prine.ple- whether he agreed with them or
not H. addressed himself O. tir tri' unal hr-
c.- on, md apply tlle same principles to tn,
decision Of the Oregun caa. that they did To-
sion followed tho ru sngs nlrcnly mad. Ly II pui.
lr opinion would aequic-. e. IN the result but
If il should reverse those rulines II would
create intense di--nti -fa,tion. In tho Flurilu
c;lSr he had arlu .d that II was cont,ot mt fof
them To .o behind the Governors c-rtiii mt.
uuon charges of uli-tuk o. or fraud hut the com
mission hnl determined thoy had no power 10
do 50. and he must consider that the real mean
ing Of their Judgment was that the cert ilrate Of
the Governor was the conclusive and
ultimate nrt performed by tho State
beyond which they Ind no pow.r
h. 20 II. had obs rived nj the time OF the
argument on tho Florida case that The rpposing
counsel VIII he their bark was being east against
tn S,ylla Of Floridn. were even then lo0kinr
ahead 10 the Charyhnis that threatened peril In
Oregon 1t WAS tlcn apIurput from The Iis.us-
sions and il WIS now apparcnt from tho ad-
mission: for il your Honors follow the
track pursued in Floridu the bark must
be- wre. .ked n Or gon. Mr.. Merrick quot the
d,lr,oision Of the commission ~ maae in tne
Florida and Louisiana cascs. and argued there
from that properly nuthcniH Hatcd returns from
a State undor the laws Of tht State could not hc
inquired into. When in Louisiana AMI Flnrda
YOU PASSED by the ccrtin,ate OF the Governor
YOU found yourselves confronted hy thc
results Of the Returning Board AMI
you said here we must stop Tor
here State rights challenge Fadrrnl mower
Mr.. Morri'k said the decision ~ tho tribunal
must rosf If IL rest nt ui all i'm the confirnr of
the people, upon the doctrine OF State rights ns
cumpurrd with the rights Of the Fr,lrrnl
Union IL must Tnet in the contldnn... of