Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-22
The Commission.
The Oregon Case.

WASHINGTON, February 81. The electoral
commission net at | p NJ. All the members
were present.
The president laid the papers received from the
two houses before the commission, and On motion
Of Mr.. Abbott they were ordered TO be printed
The papers then read By the secretary.
Judge Clifford asked who appeared as directors
on both sides
Senator Kelly announced himself and Mr..
jerks would appear As oh ectOrs TO certificate No
/, and Senator Sargent announced that Senator
Mitchell aud Nj l. ,wrcnce would appear as OBJ
jectors to certificate No.2.
Mr.. Kelly asked order for the production of
the commission aud resignation of Watts from
the ,st office department and also that Senate
Mitchell and Mr. Watts might be subpenaed as
witnesses.
Judge Clifford asked if the witnesses were
within reach
Senator Mitchell said they were both IN the
room.
the order in both cases was granted, and at the
request of Senator Kelley, who was to open for
the DIRECTORS, a recess of half an hour taken.
The Commission was called to order again at
ten minutes past two, and Sena'or Kelley pro-
ceeded to submit his objection certificate No. |.
lie argued that il Watts not qualified the
7th of Nov when the election took place he
could not he elected at any subsequent election
In the Vermont cased he said tue legislature had
been convened and held that Sollace being post
master federal officer and consequently in
eligible and had filed the vacancy.
The Rhode Island legislature had taken sim
liar view and filled vacancy IN like manner. lie
contended the States had the power to enforce
the provisions of the Constitution, and that if the
State of Oregon had excluded the Ineligible cleo
tor she had but done her duty.
In support OF his position MIR. Kelley cited a re-
port made By Felix Grundy, Henry Clay, and ST.
las Wright, Congressional committee IN 1857, in
which these gentlemen held that deputy postmas-
tiers not eligible presidential electors. He
conte nded that by the constitution and laws of
Oregon the person receiving the next highest num-
Der OF votes was entitled to be eclared elec ed.
The election was by law required to be held
Nov 7th and there was not time to hold second
one, neither was such subsequent election an
thorizej Hence, if there wa. no election on that
day, or If those receiving the highest number of
votes were ineligible the e could be no election
and the State would be untepresent unless the
votes for the highest eligible candidate were
counted.
Commissioner Abbott inquired whether the
tifcae which was presented here was not IN exa It
accord inCe with the provisions OF tue law OF o.
egon in every respect
Senator Kelly replied that it was in exact &C
cordance with the law of Oregon, aud the Law of
the Cnired States.
Commissioner Abbott inquired whether there
was any other board in Oregon except that con-
stituted by the governor and secretary of state,
who could certify to the election OF electors.
Senator Kelly replied there none.
Representative jerks next addressed the COM
mission on Ochali OF tue uemOcTdtic sue.
Senator Mitchell presented the objections on
behalf of the republican DIRECTORS
Al the CONCLUSION OF Senator Mitchells argu-
ment it was announced by the Memorable counsel
that they should require extension of their
time to double the amount and were willing TO
sit until late in the evening.
Mr.. Lawrence proceeded with his objection.
After some discussion among the members on
the question Of further time, recess was taken.
The commission reassembled in the senate
chamber at 7.30.
MI. Merick announced that Judge IIoadley
and himself would appear for the democratic side.
Mr.. Evarts SAID that Judge Stanley Matthews
and himself would appear Tor the republican side.
Judge HoadIev addressed the comm sion.
Adjourned until ten o'clock to -morrow.