The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-22

OF Louisiana and Florida is by disap
pointed and maddened partisans echoe,
ihrous hOut the land, | might, were /
, proper, point you to 4 conspiracy tha
had its origin at 10 Gramercy Park, New
York city, at the home and by the friend
Of samuel ]. Tilden, the Democratic can
didate for President, that had for its pur,
, pose the purchase OF an electoral vote on
the faith Of which his title TO the Chiei
Magistracy Of the Nation might be estab.
lished. Mr.. President, have faith in
this Commission and in the Justice Of ils
final judgment.
At the conclusion OF Senator Mitchells
argument it was announced by the Dem.
ocratic counsel that they should require
an extension OF their time to double the
amount, and were willing to at until late
in the evening. The question, however,
was not then decided, and as il was get.
ting dark candles were brought in and
Mr.. Lawrence was invited 10 proceed with
his objections. The speaker quoted the
acts Of Congress and the statutes Of Ore
gon, and added that Odell and Cartwright
came with evidence OF title which salts.
fed all the provisions. lie then stated
as his first proposition, and he declared
that the whole controversy might be
disposed Of in favor OF the Hayes electors
by a single proposition, that Il the mons.
irons proposition could be maintained
that Cronin was legally appointed, yet he
refused to act or neglectedto attend with
odell and Cartwright, his place became
vacant, and Watts was duly appointed 10
gil it. The Electoral College Ia charged
with three things lst, TO fill all vacan.
cies; ID, TO vote for President and Vice
President, and Sd, 10 make and transmit
to the President OF the Senate, distinct
list Of all persons voted for president
and Vice President), which lists they
shall sign and certify. The Electoral
College Isl deliberative body, as much so
as Congress. The single and Individual
members, acting separately and apart
from all others, can do an official act no
more SO than individual members of
Congress, or OF court, or Of this
Commission, and record OF the college
or majority Of its members is conclusive
evidence, and can no more be impeached
in lieu Of the record Of Congress, or Of
court, or Of this Commission. The major
part OF the electors present ia a quorum.
The acts oil quorum are valid TO decide
when vacancy has arrived, and to annul
it. Mr.. Lawrence argued that Watts was
elected and became dsfdeto and de jme an
elector. That his resignation created a
vacancy, which was properly filled by his
re-appointment. Shat he did act as
shown by the record, Watts being an off.
Ger detdetO. For that reason his acts were
good.
Commissioner Edmunds moved that
further evidence be postponed until 7:3O
O'Clock and then proceed in the Senate
chamber, and that the counsel have three
hours and half time on each side for the
whole case, including offers Of proof and
everything.
Mr.. Evatts said their side did not re.
quest any additional time, as they sup
posed the discussion to be mainly one Of
law.
Judge Hoadley said they expected to
offer testimony, and would like time for
that purpose, and added that one OF the
points they expected to prove was that
more than 1.l00 voters in Oregon who
cast their ballots in favor Of Watts had
notice at the time that he was post
master and therefore ineligible.
After some discussion among the menu
bers Of the commission, Mr.. Edmunds'
motion for ! recess and for the extension
OF time TO counsel was agreed 10, and the
commission thereupon adjourned until
7:3OP.M. El.......
The Commission reassembled in the
Senate chamber at 1880.
Mr.. Merrick announced that Judge
Hoadley and himself would appear for
the Democrats. Mr.. Evarts said Judge
Stanley Matthews and himself would ap-
pear ior the Republicans.
Judge Hoadley then addressed tue
Commission. He claimed that the prin.
ciples controlling this case had been al.
ready decided in the cases OF Florida and
Louisiana. Only such documents aud
papers would be competent to be receiy-
ed and considered as were found within
the envelopes sent to the President Of
the Senate, and the decision Of the Re. |
turning Board, acted npon by the Cover.
nor, is final and conclusive. Mr.. Hoadley
said my proposition is that the State OF
Oregon through her State officers has
spoken, and the result Of that tspeech is
here in the certificates given to Croniu,
Odell and Cartwright. They are the only
legitimate lawful evidence Of the act OF
Oregon in this. matter. / submit that
the Certificate or list aligned by the Gov
ernor and Secretary of State Of Oregon,
and delivered to the College Of Electors
ia final and conclusive evidence. Why
was the Governor and Secretary required
10 signed these lists. 1t 1t because the
Chief Executive Of the State and the
canvassing officer should unite in declar.
ing who is elected, and when thus signed
their signatures, give it the conclusive
and final evidence which is required.
Commissioner Thurman inquired who,
by the lawsof Oregon, has the custody Of
the great seal Of the State,
Judge Hoadley said he could not an
sWer that question.
Mr.. Matthews said it was the Secretary
Of State under the Constitution.
Mr.. Hoadley said that was probably
correct, buthe would add that there was
nothing in the laws OF Oregon which au-
thorized any such certificate or exempli.
fcation as presented by thesupporters Of
certificate No. l, He argued that the act
throughoutwas legal, and continued: l
say CTonin was elected. TestIng by any
method, would a quo warranto be in "a.
vor Of Watts? Wouldnot his disqnalif.
cation have killed his title? Could he by
quo warranto certiorari or by contest ab.
stain from the seal that CrOnin held de.
facto? Watts was a postmaster and is
disqualified to test it now by that method.
On what principle Of law could WattE,
who did not hold this commission from
any court Of justice in this land, have
got the title to which he now lays claim ?
Cronin held the title. Cronin cast the
vote. Would you have awarded the po.
sition to man whom the constitution Of
your country says should not hold il, on
the principle that the mandate to
elect is fulfilled by the election Of
Cronln2 Test it by any method you
choose, and tell me how any lawyer can
say that q disqualified candidate can
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