The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-02-22
Edition
THE COMMISSION
Mr.. Matthews Makes His Oregon
Argument.
Some Testimony Taken and the Ar
gument Continued by MIR. Evarts.
National Associated Press to the Star.

National Associated Press to the Star.
WASHINGTON, Feb. 22.--The Electora
Commission met at 10 O'Clock, and Dir
Matthews addressed the Commission In
opposition to the Cronin certificate. He
denied that they had asserted in the
Florida case that the certificate was
final and conclusive. They had under.
taken to draw line OF demarkation be-
tween the act OF the State and the Fed
eral authorities, which took the matter
after it left the State; between the cer-
tificate and the thing certified, TO show
that the certificate was but the shadow,
the thing certified being the subs tance.
and where the certificate did not show
the thing certified correctly it could be
corrected.
1t was a surprise, he said, to find that
their adversaries had not only taken
their position on the Florida and Louis
accepted the dogmas which they had
improperly ascribed to the side with
which he was identified. He maintained
that they stood to-day on the ground
they occupied in the beginning, and
which had been hailUwed by the decision
of this Tribunal, viz: That the certii.
cate based on the returns was the con-
elusive evidence of the election.
He contended that the Governors Ger.
tifcate fell TO the ground when il was
shown that it was not the warrant TO
the Electors for the performance of their
duties.
The law of Oregon required that the
votes for Electors should be gwen, re-
ceived and 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
Stale should certify two lists, showing
who had received The highest number oil
votes, and there The canvass ended.
Tie Constitution and laws OF the state
stamped that record the legal and con-
stitulional result oil the election.
They had made a prefer of the thing
itself, but not the proof OF the thing.
the actual and substantial result OF the
canvass-that was The appointment OF
the State. The certificate Of the Gov
ernor, he said, WAS sought 10 be used
here as u substitute for The canvass.
1t was signed by the Secretary OF State
simply as all attesting witness and not
as the canVasser Of the votes. That the
possession OF The Commission was not
essential 10 the discharge Of dulles OF
the otti e, he cOntended, was well
settleu principle OF law.
The certificate OF The Governor OF
Oregon did not, he asserted, cOntui m to
the statutes OF the United States OF OF
the SIate OF Oregon. MIR. Matthews
combatted the proposition that the
ineligibiiity OF Watts made nor
election, or that the votes casl
Tor an ineligible candidate were void.
MI. Matthews closed at II O'Clock, and
il was agreed that the. evidence should
be received, subject to the judgment OF
the Commission as to its eHecl, and
recess was taken until 12:45.
TAKING TESTIMONY.
On reassembllng The Postmaster Con
ernt was called and produced the teIn-
graphic resignation OF Watts on NovUm
Der IA and the telegraphio acceptanca
was presented by The Postmaster GaT-
eral. Also the papers pertaining to ihs
of Henry w. Hill as Post
master. Also a letter from Watts To
Underwood, Special Agent Of the Post.
Office Department in Oregon.
Mr.. 1yner stated that on the 14.h of
November he telegraphed to Underwood
that Watts had resigned, anu directing
him to take cnarge 0t the office Till his
successor was appointed. The same day
ne received reply that Lhe teIeg am
mad been rece vet, and that he would
take charge OF the utice that evening.
On the 24ih VI November Ae received a