The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-26


the declaration Us TO who is elected. The
law declares that the person having the
highest number Of votes Is elected, and II
requires no decision upon the fact Of any
any officer Of that result. | now turn 10
the electoral law Of Oregon, and first read
section 60: "The votes for electors shall
he given, received, returned and canvass.
ed the same as they are given, received,
returned and canvassed for members OF
Congress- That brings Il directly under
the lawI have read. The Secretary Of
State, as in the case Of members Of Con-
gress, is To be the returning officer, and
the Secretary Of State Is 10 return as
elected the person having the
highest number Of votes, "a in
the case Of members OF Congress.
The duty Of the Governor is imperative
TO sign the list made out by the Secretary
Of State, who is in case Of members Of
Congress made canvassing and return
ing officer. The Governor is no part Of
the Returning Board, has nothing 10 do
with the canvassing Of the votes, but Is
absolutely required to sign the lisL made
out by the Secretary OF the Safe. II was
contended by n majority OF the Commis.
sion that the law authorized the College Of
Electors or majority to ill any vacancy
arising from any cause, from death re-
fnsal to act, failure to attend, failure TO
act from any cause. II can be imagined
that II was for the purpose TO give the
College OF Electors the right 10 ill any
vacancy so that Oregon should be fully
represented in the College. The College
OF Electors exercised this unQueationed
right. Watts on the 9th Of December
was not federal office holder. He was
~ completely qualified as any citizen IN
Oregon. We hold, therefore, that 1t was
wholly immateriRl whether he was post
master on the eth Of November or not,
because il he was not a federal office
holder on the 9Th OF December, II he
was then qualified that brought him with
in the meaning Of the Constitution. His
election was not inValidated any more
than the election OF Il Senator would be
who was elected before he was 50 years
old but was 80 years old when he took his
seat, but that question became imma.
terial because he resigned the office OF
postmaster before the 9th of December,
was completely qualified, and then the
College OF Electors had right 10 elect
him to fill the vacancy. To relieve any
doubts he himself resigned the office Of
elector 80 as TO make vacancy in
college certain, and then the college of
electors, under unquestionable authority
OF law, elected him to fill vacancy, so
as to make the electoral college complete
and lawful under all circumstances and in
any view OF the case.
Mr.. Conkling said: Mr.. President,-
Oregon meant to appoint Republican
Presidential electors. The people Of Ore
gon, by plain undoubted authority,
honestly and Intentionally voted for Re-
publican electors. Two certificates hay-
ing been received from Oregon the ques-
tion Of the count Of her votes has been
examined by the Electoral Commission, n
majority Of that Commission has sent us
two things: First, the decision that the
vote ought TO be counted as the people OF
the State really and honestly meant it
to be counted, and as they declar.
ed at the ballot box it should
be counted. Second, n statement OF the
reasons by which the decision was reach
ed by the commission in the first matter
thus reported, namely: The decision
that Oregon's vote should be counted rs
designed and directed by the people OF
Oregon, and the Senate is called on to
express its Judgment The form OF this
expression is proposed in the pending
resolution. That resolution does not, as
] understand it, summon Senator to ex.
press his opinion Of the reasons assigned
for the decision submitted to us.
therefore say nothing about the argument
or reasons which appear in the paper
read in the joint meeting to-day. Every
Senator IS entitled to his own argument
and his own mode Of arriving at his opin.
ion. l believe 0regon's votes should
speak as those who had the right and
power TO utter the voice Of that State.
THE DECISION SUSTAINED.
Mr.. Cockerell submitted y resolution
as substitute that, inasmuch as J. W.
Watts was postmaster when appointed
an eleCtor, therefore he was ineligible,
and the votes Of Messrs. Cartwright and
Odell were the only legal votes and
should be the only votes counted.
Mr.. Wallace withdrew his resolution,
and the vote was taken on the substitute
offered by Mr.. Cockrell and it was lost
yeas, "a; nays, 40. The question was
then taken on the resolution ordered by
Mr.. Sargent, and it was adopted-yeas,
40; nays, "a.
Mr.. Sargent offered resolution that