Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-03-16
The Electoral Count Remarks Of Hon Geo.
ueudee,


The objections to the vote Of Vernon
being before the House, Hon. Geo. W. Hen
dee spoke as follows:
lir. Hendee-I am not disposed, in tn
. discussion of this case to travel outside of il
| think in the discussion in this House dur
, ing the last four weeks, larger breadth O
argument has been allowed than would b
ordinarily conceded in any debating or legis
lative body whatever.
A question is present, j in the case of tn
State Of Vermont which is purely legal in it
character and can be determined upon n,
outside issues whatever. The papers SHOW
simply that one of the candidates for electo
in the State ofVermont (Mr. Solace,) at th'
time of the election in November was post
master. and hence considered to be ineligible
Now while We concede that to he the fac
that be was postmaster, yet he was elected
to the office of elector by majority of NOR,
than %, 900 votes. There is no question
whatever Of fraud there is no question
whatever Of intimidation entering into the
Vermont case. 1t is simply question O.
whether, having been elected in the con.
stitutional and lawful form prescribed by
the laws of the State of Vermont and o.
the United States, Mr.. Sollace was in facl
an OMcer, tnat Is, an electOr.
Now, hold to this doctrine that Mr.. Sol.
lace was an elector within the puryiew Of
the laws of Vermont and the United States
until some measures were taken by the local
authorities in the courts in the State of Yer,
mont to determine that he was not eligible
and hence had not power to cast his vote in
the electoral college. Until that was done
he was an elector de facto, and whatever
acts he performed as such elector ere Just
as valid, so far as third persons were con-
ccrned or anything connected with the cleo
lion, as if he had been eligible.
But | wish to take the gentlemen on the
other side on their own ground. The case
from the State Of Vermont is precisely that
of the Oregon case, with this one exception,
that in the case Of Oregon the elector had the
/ certificate of the governor, and in the State
of Vermont there is no certificate Of the
| governor except the one issued to the five
/ Hayes electors. Hence the Cronin case
was much stronger for the democratic side
than the Aldrich case. The question as to
whether Cronin, was elected /. he having
received the next highest number of votes,
was submitted to the honorable commission.
and the commission decided unanimously that
Cronin was not elected and could not be in
any event considered an elector OF the State Of
oregon: Now, II that is true doctrine, and
submit that II must DE conceded as such,
then IL there was vacancy In the case OF
oregon thero was certainly vacancy
IN the case oil vermont because, un-
DER the decision oil the commission In the
oregon case, Aldrich was not elected though
he had received the next highest number OF
votes, and this admitting the ineligibility OF
Sollaee.
AT the time this vacancy occurred, the
Leg glslature Of the State OF Vermont was in
session, and passed Il law providing for the
hllipg OF vacancies occasioned either by
death, refusal to act, refusal to attend,
or IN any other manner, or for any
other cause. That law was drafted
for the purpose of covering every
possible case of vacancy that could
occur in the electoral college. The vacancy
did occur, and under that law Mr.. Sollace
was elected, alter having resigned his Office
as postmaster and the same having been ac
cepted, an clector by the electoral college.
Thus the fact existing that there was va
cancy, and the law OF the State of Vermont
beng Constitutional, that vacany has been
hlled exactly IN accordance with the terms of
the law, and Mr.. Sollace's vote should be
counted. say as legal proposition, that
II Cronin was not elected, and the commits
sion 80 find unanimously. then certainly
Aldrich was not elected. and that Sollace
must have been duly appointed, because the
vacancy occurred and was filled in accord
ance With the terms of the statute Of tho
State OF Vermont; and when any member
here votes that Mr.. Sollace is not an elector
OF the State of Vermont, he is virtually de-
clding that Cronin is an elector for the State
oi Oregon, against the unanimous decision
oil the commission.
Mr.. Lawrence.-There could be no cleo
toral return from the State except the one
read In the hearing Of the two Houses yes
terday.
MT. Tucker. er.-Why could there not be
Mr. lawrence.-Because there were no
Other lawful electors than those whose names
are included in the certificate.
MIR. liendee.-That is the conclusion upon
that point. most certainly.
iiere the hammer fell
MT. Hendee.-Mr. Speaker, having per-
mission to make some further and general
remarks, will now proceed. During the
debate OF the last few weeks relative to the
electoral count, have sat an attentive list
ener. On one or two occasions l have at
tempted to gam the fioor that too might
express my views, but having failed, now l
may be pardoned | think for asking the at
tentlon OF the House for lew minutes longer
am OF that class who believe the Constitu-
ton is ample in its provisions for the present
and that the law known as the
measure was uncalled for. and |
In fact unneSsary. And while did not. for |
good reasons a. believe, vote for that bill, | |
am not prepared TO say that it will not in its |
results prove to be wise and opportune
measure. We shall soon see. For those who |
framed and secured its passage have the |
highest regard believe they acted with |
great fidelity and caution, and only had a
desire to secure Il fair, peaceful, and speedy |
solution OF the great question now agi tating |
the entire world.
The result of the election of November |
last put both parties in condition Of great |
anxiety at first, and later that anxiety had |
grown into feeling on the part of the Dem
ocraic party of DESPERATION. The press of |
that party had for sixty days, and upl to the |
time of the passage OF the compromise bill,
tired the public mind by incendiary, threat
ening, and libeous writings. until that hum
gry organization had been wrough up to the
point Of believing that war WAS iusti6able in
order that Tilder should be ipaupurated.
With the leaders and oihce-seekers OF that
party the cry had come to be, " Tilden or
blood. Ol this spirit heard and read much,
and yet | had not the slightest fear OF a col
lislon ior believed the great good sense
OF the American people OF both parties who
stood behind these leaders and oihee-seekers
would prevent rupture. The country
could not anord one, and tins the intelligent
business men OF both parties well new and
as the great majority oi our people belong to
tins class, considered the probability oil war
too remote anu weak 10 attrack any special
attention. With this feeling, and believing
the Constitution sufficient and that under 1t
Governor Hayes must be installed, voted
against the bill. Should the result under
the law be the same AZ | believed il must