The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-25
PROCEEDINGS OF CONGRESS.


SENATE.
WASHINGTON Feb. "a, 1871
| The Senate resumed its session O'Clock and
the President pro tempore presented the following
munca,ion from the President Of the Electoral Com
MISSION
WASHINGTON, Feb %. 1877
SRI by the Electoral Commission to inform
Senate has considered and decided the matters
to i G act from tire se
herewith by direction OF said commission transmit to
agreeing therein be read at the meeting OF the two
All the certificates papers to the commission by
the PRESIDENT Of The senate are herewith returned
To Hon. THOMAS W. FERRY. President of the Senate.
Mr.. LOGAN (rep) Of Ill., moved that the Secretary
notify the House Of Representatives that the Senate
was now ready to the House for the purpose OF
receiving the decision Of the commission and resuing
the count. Agreed TO-
MESSENGER FROM THE HOUSE
AT eleven O'Clock Mr.. Adams Clerk OF the House OF
Representatives appeared at the bar OF the Senate and
that the House had disagreed 10 the amend
mens of the Senate tho Legislative Naval, Post
Office and deficiency Appropriation bills, and asked
Tor committees OF conference on those bills, but no
mention made OF the readiness OF the House TO
meet Senate Tor the purpose OF resuming the count
A PERSONAL EXPLANATION.
Mr. BoGy. (dem.) oi No., arose 10 personal expana-
believed to resolutions OF tho Missouri Legislature
In favor the passage OF the Texas Pacific Railroad
houses as they enclosed to him by member OF
the Legislature but he had noticed by the newspapers
since that had not passed both branches OF the
Legislature, having been rejected IN the Senate. He
made this explanation in justice 10 himself and to the
Legislature.
An INVITATION THE HOUSE.
At fifteen minutes past eleven message was received
from the House Of Representatives, announcing that
that body ready to meet The Senate to resume the
count OF the President and Vice President and
the Immediately lett its chamber for the hall
THE SENATE AGAIN IN SESSION
Opon returning, at ten minutes past twelve the
President pro tempo~ said :-The Senate, having re-
turned from the JOINT meeting of the House OIL Repre-
account OF an objection to the decision vi
the commission regard TO the vote OF Oregon, that
objection would be read The secretary then read
the objection presented In tho JOINT meeting.
Mr.. SARGENT, (rep) OF Cal. submitted the follow
ing
Resolved That the decision Of the commission upon the
electoral the of Oregon stand the jud
the the objection made the ESQ 10 the
trary Notwithstanding
Mr. KELLY (dem.) of oregon, said IL appeared that
the OF the COMMISSION reces the fact that
the 7lh day OF November last, John W. Watts was
postmaster IN Oregon; but It SAID, notwithstanding
mat iac he egioe as u Presidential elector pro.
vlded he did hold the office the time he
vote a member OF the Electoral College on the Oh
In his mt Kelly 81 Judgment that was plain viola.
ton of the constitution OF the United States He
iefred the California and Rhode Island cases mere
toiore alluded TO- and arsued that u per.
! to be voted Tor as Presidential electoE
He next referred the report made to the Senate
!
the effect that person holding the Office OF Postmas
ter could chosen Presidential eector, ana argued
that u subsequent esgnaton did not cure the defect
SENATOR MoRroS's SPEECH.
Mr.. MORTON rep. said:-i beievc 1t was not argued
| by anybody upon the COMMISSION that Cronin was
elected, that Ilden had a vote IN oregon; but the
minority the commission took the ground that
were but two electors chosen III Oregon and that
! Hayes had but two votes III that state. Watts was
| Postmaster at Lafayette tue 9TH day Of
November 1t was argued therefore, that he was not
elected that the election was a failure far
| ed aud
| OF November Watts RESCUED ON the llth HIS rcslg
! nation was accepted and on the same day the Office
was transferred 10 another aud 10 another building
When the electors met on the 9th OF De-
cember Watts handed In his resignation
to I'll the vacancy and cast his vote although Watts
not postmaster or AN Office holder on the 9th Of
December When the electors voted II was argued
that there such vacancy the College OF Elec-
tors that college had right TO I'LL, and therefore
that the election of the college was nulty. On the
other hand Watts Odell and Cartwright received
Jorties oil the peoples votes ranging over 1000 above
their highest competitors The Secretary OF state
the vote on the 4th OF December and made
his certificate OF the result showing the election OF
Odell, Cartwright and Watts, which was filed In the
office OF the secretary OF State. The Secretary OF
State the canvassDg or returning officer Tor the
state of Oregon. He read from the Oregon
statutes as to duty OF secretary OF State, and,
resumIng his remark, sad--Now, III regard TO the
officers named, including members OF Congress, II Is
declared that the Secretary State shall the
vote and that the Governor shall issue certificate
the persons having the highest number OF votes lie
is not canvass'ng oihcer; his duty Is
emptory duty 10 issue certificate TO tho persons
having the highest number vi votes. The law makes
the declaration to who is elected The law declares
that The person having the highest number OF votes
elected and 1t requires declaration upon the part
any officer result. Then turn to the Ecct0ra
law OF Oregon | Grst read the sixtieth section:--
The votes the electors shall be given, received re
and eanyassed as he same are given returned AM
canvassed for members OF Congress.
That brings 1t directly under the law that ! hav
read. The secretary OF State as In the case Of mem
pers of Congress is to returning officer. and tn
Sacr. tarV a.
person having the highest number OF votes
a. in the case OF members OF Congress
TO sign the list which is madc out by the Secretary
State. who as in the case OF members OF Congress-
made the canvassIng aud returning oilccr The Gov
ernor - no part the Returning Board, has nothing
to do with the canvassng Of the votes, but Is ahso
utcly required to sign the list made out by the Secre
tary OF State. II was commended by majority OF W.
commission that the law authorized The College o.
Electors, or a majority, 10 ~, r., n vao' 'a'i
attend failure to ecct from any cause that Cal
DO imagined. 1t was tho purpose to give the coleg
of Electors the right TO I'LL any vacancy SO that thu
State OF oregon should be fully represented III tn
Electoral College The College Of Elec'or
exercised THIS unquestoncd right Watts, oil
olccholder He was as completely qualified as an
citizen III oregon. We hod. therefore tiiaI u wa
the 7th Of November or not because u he was not
federal ollcoho,der on the 9lh Of December Se.
within the meaning OF the constitution. hI
election not invaIldatcd any more than tie cleo
Ton oil senator WOulu DC was electeu DciOTc w
was thirty years Old, put thirty years old whei
he took has seat But that question became inmate
rial because he resigned the office postmaster bclor
the 9th day OF December and was completed.
qualified, and then the College Electors hat
|, , the right 10 elect him to all the vacancy
TO remove any doubts he himself resigned the oric
oil elector so AS TO make a vacancy IN the Ecctori
College CERTAIN and then the College OF Electors
undcr the unquestonable authority Of the law oleclc
| him to MI the vacancy so rs to make The Elcctora
College complete anu lawful under all circumstance
and IN any Wow OF the case.
! SENATOR COMBINES REASONS,
Mr.. CoyKLiSu, oi New YORK, siid:--Mr President
Oregon meant TO appoint tue republican PrcsIdentia
electors. Tho people VI oregon, by plain and un
denied majority, honestly aud Intentionally voted TO
The republican electors. Two certificates having bee
received from Oregon, the question OF th
I count OF her votes hes been examined b
tho Electoral Commission. A majority OF ia