The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-15

! prove that they were Federal Office.
holders at the time they were elected?
Mr.. Trumbull- Yes.
Justice Bradley-And that they were
ofice-holders at the time they cast their
votes?
Mr.. Trumbull-No. l understand
that the proof will show that Brewster
rendered his resignation on the 4th OF
November and that it was accepted on
the 9th, and that very singularly it was
accepted TO take effect on the 4th some
twelve days before it was received at the
Interior department.
Mr.. Thurman-Does not the law of
Louisiana provide that if an elector who
has been chosen does not appear by q
certain hour the remaining electors may
proceed 10 I'll the vacancy.
Mr.. Trumbull-There is such provI.
sion in the act of 1868.
Senator Edmunds-But you say that
law is not in force.
Senator Thurman-Ift that law was in
force and Brewster didn't appear at the
time, then was there vacancy under
that law?
Mr.. Trumbull-No. l do not consider
there was. The statutes OF the United
States make two provisions, one Is for
filling any vacancy that may occur in
the college when the electors meet to
give the electoral vote and the other
when an election has been held and no
choice has been made on the day pre-.
scribed by law. In that case an elector
may DO chosen on q subsequent day.
Here there was no choice and it was just
as if two persons had received the same
vote, or as if there had been no election
on the 7th of November.
Senator Thurman-Is net the real
question whether there was any power
in the electors 10 fill vacancies to sup.
port the persons who had qualified but
had not appeared2
Mr.. Grandchildren if the statute of
1868 was in force, the other electors
could have filled vacancies.
Mr.. Thurmsn-But suppose the law
was not in force2
Mr.. umbull-Then there is no law
10 fill vacancies.
Representative Hinton-Except by
election.
Mr.. Trumbull-Thst brings up these
complicated statutes. The ststute of 1872,
provides for the filling of all vacancies
by q popular election. II that statute
was enforced, these vacancies would have
been filled by popular election. II the
law of 1868 was enforced, then the at
sence of these two electors would give
others the authority TO fill the VACANCIES,
provided that anyone had been elected.
II the votes of Levissee and Brewster
are TO be counted, and il u man is to be
made President of the United States by
counting their votes, and the votes o:
Louisiana, then it is done by the mere
forms of law contrary to the principles
of the Constitution OF the United States,
and in violation of the rights OF the pso.
pie.
Senator Thurman-ls there any
statute of Louisiana that requires the
certificate OF the Governorf
Mr.. Trumbull-There Is statute
which requires the Governor 10 commis-
sion all officers except certain persons
therein named, and which do not include
Presidential electors.
Senator Thurma n-That is the Jaw Of
1872; but is there any statute requiring
him TO issue certificates to Presidential
electors?
Mr.. Thurmsn-No sir, not specially.
Messrs. StoughtoA and Shellabarger
followed in turn on the Republican side
At the conclusion o Mr.. Shellabarger'
speech the Commission adjourned until
tomorrow.