The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-23

| AeNA AlGAhh Vi lOuls Ul IHN0 IOlu III
that it cannot be intOrfered with excep
! between the time Of the conclusion Of N,
Returning Board and the time OF hi,
voting. The new State Of Oregon Seekinr
to perform her duty and this mucf
abused executive seeking to protect the
State from the odium OF having wantonly
violated the Constitution OF the United
States, have solemnly determined that an
elector claiming to be elected was
not elected. The Governor Of Oregon
could not have given q certificate to an
ineligible candidate without violating his
oath and OF being guilty Of an infraction
OF the Federal Constitution. Mr.. Mer-
rick claimed that as Cronin held certi-
tiCate with the great seal Of the State Al.
Tackled he had title to the office. What
had Watts? Nothing. The opposing
counsel had said in considering the eli.
glbillty Of the title possessed by Watts
that he had certificate from the Secre.
tary OF State as to the canvass OF the
votes. What did this certificate purport
to be? 1t is headed, "Abstract Of votes
cast at the Presidential election in Ore.
gon." 1t does not say canvass OF votes.
To make it appear that "abstract" and
canvass were Synonomous terms he re-
terred to the statutes OF Oregon, which re.
quired the clerks 10 make out certain ab.
stracts and send them up. These alb
straCts the Governor and Secretary Of
State were required TO canvass, and when
they have Canvassed these abstracts the
canvass makes another paper, which
should be paper OF record in that office,
and which is not here in this certificate.
On the subject OF vacancy, counsel made
the point that, unless the office had been
once filled, there could be no vacancy,
and, unless once filled, no resignation.
The vacancy alleged to be filled
by these electors was not created by Gro.
nin's absence, but by Watts resignation.
II they had the power to fill the vacancy
at oil, they exercised that power by fill
ing the vacancy created by the resigna.
tion by Watts, and not by the non.action
Of Cronin.
The speech concluded in the following
language: | claim that you adhere to
the spirit and principle Of the decision
you have rendered in the cases of Florida
and Louisiana. 1t is quite imma-
teriaI whether they c0niormed to
my opinion on the subject OF the
Constitution or not. They have been
rendered by this tribunal, recorded
upon the Journal OF each House OF Con.
gress, passed into the history Of this coun.
try and are in operative effect in the
nrnnnya OOvp uoinn, ~, ~ JnIo.p,; -; az, ,,h .,
shall be chief magistrate Of the Republic.
The consistent adherence to the solemn
conclusions reached by those gentlemen
to whom the people have committed the
settlement of their rights is essential
TO the preservation of tho loyal respect
for authority and character, and while
the mitigated pangs Of disappointment
often secures an acquiescence in Judgment
seemingly, though he hates it rs most un-
just; but when these judgments antagonlxe
one another, and in their very conflict
and antagonism are combined in the
operative effect to accomplish one and
the same result, and that result is the one
with which the individual sympathies,
are closely and warmly connected, I'M.
pleasant thoughts will stir withinthe pub.
lie mind and angry emotions will swell
the heart. The Supreme Court OF the
United States is one Of the idols Of the
people. They have in their estimate
Of its character, invested it with
sanCtity and dignity beyond that
OF any other tribunal on the face Of
the earth. They believe that all other
departments OF the government are liable
to deterioration and possible deflement;
but they look to the Supreme Court .s
lifted above the current OF impure mir
that floats on the surface OF the earth,
and as still moved by the virtues and
speaking with the wisdom Of the fathers
OF the republic. When this faith il de-
stroyed the night will have come.
At the conclusion Of Mr.. Merricks 3 ar.
gument the Commission went into secret
session.
II is understood that Immediately after
the Commission went into secret session
Morton made an hours speech in favor
Of counting the three votes OF Oregon for
Hayes and Wheeler.
Mr. E1munds in some incidental re.
marks, clearly indicated, that he would
vote in the same direction.
Justice Miller then made an elaborate
argument 10 show that there was nothing
in the Florida md Louisiana decisions
inconsistent with giving the vote OF Ore.
gOn to the Republican candidates.
Thurman, Edmunds, Strong and Brad.
ley we're not well and an adjournment was
taken at their request. Ii was ordered
by n unanimous vote, and had no polili
cal significance.
1t can be added that there were no in.
dications this evening of break among
either the Democratic or Republican
members OF the Commission, and that
there was no Vote or approach TO vote
on the main question at issue.
ADJOURNED TILL 1880 TODAY.
The Electoral Commission was in SEES.
sion from 10 to 1880 o'clock, hearing the
argument in the Oregon case. At o'clock
the commission went into secret session,
ard remained there until 7:20, when it
adjourned till tomorrow at 1880. The
questions presented 10 the counsel were
discussed in secret session, but owing to
the fatigue Of the members, and in order
to enable them to consult the authorities
which had been referred to by counsel, an
adjournment was taken. Many law
points suggested and these will be criti-
cally examined, there being more Of them
in this case than in the cases OF Florida
and Louisiana. The commission agreed
to not vote until tomorrow afternoon at
4 o'clock unless members shall be pre-.
pared to do so at an earlier hour. Should
the vote he taken at 4, an hour or more
would he occupied before their verdict
could he officially prepared, and unless
the two houses shall remain in session
till evening, the decision in Joint session
OF the two houses will not be given till
Saturday.
TIIC BCnI Estate Pool.