The Electoral Tribunal

Wednkskay. Vcb, 21,- The Electoral Commi-ision met at 1 p. m., all the membeis being prrsent. The papers received from the two house of CongTCKH relating to the votes of Oregon were read and radend pl'llitwi. senator Kelly, of OiTfjim. tlicn prooeeded tosubniit bis ob]eoüone to certifícate No. 1. He : said be presumcd that there wonld not 1' any dispute of the third objection, viz. : That Watts ; was a Postmaster, and tbey were prepared iritis proof to sustain the aUagatlon. If tliis was an i office of profit ol' trlist, the conntitutional in! hibitlou wan au clear as langnage eould inake ir. Mr. Kelly argucd that if Watts wan not ■ njialified on t"he7th of November,whrn the election took place, he conld not be clected at any subaequent election. He contended tht by the constitution ml lnwn of Ol'egon the peroon ; reoeiving tbr nest bighest number of rotea was entiUedio ba dcclared elector, and thnt the (lovernor had a right to inquire into and decide the question of the cligihility of electora. Itepresentative Jenks next addressed the eoin! inission on the Democratie sid HMiator Mitchell then jpresented theobjectiongln behalf of the RepubhcaiiH. In his argument he xaid there was no law in Oregon authorizing the Governor to certify a minority candidate elected. Tlie Ijpgixlature of Oregon might have piovided that alaótora Hhonla lic nppotnted ly tlie ftovernor, t!L Supteme ('cmrt, at Becretaryóf 8ttè, bnt it did not ; bnt it did direct that'the : people, the qualificd elector, shall by a píuralïty of votes, to be cast in the different proclnete, choose electors. Beliind this ultiniute detcrminationof the CanvasKingBourd, mitin t the öovernor of the state nor tlie tribunal wIuiku final duty it is to eoiint the voten for President and Vire President, whether it be the PtBuideni of tl1 Scnate, the two houses of C'ougress. or the Klectoral Tribunal, can rightfully go. ! ' Judge Hoadley thon addronHUd the inission on ljelialf of the pcmooratic objuiton. : He Cimtended that the action of ttov. Grover in withholding a certificate friim Watts, who was i i clearlv ineligible. and giving it to Cronin, the : next highest candidate, was legal throughout, ; and that there is nothing in the law of ÖTegon whii'li authorizes any uch certifícate or ekem, plification as is presented by the upportei s of , 1 certificate No. 1. He said : " Mv pro)iositiiu is that the State Of Oregon, throngli herStateomcers, has Bjpoken, and the result of that speech '. [ is here in the certificaten given to Cronin, Odell and Cartwright. These are the only legitímate, lawful evidenceH of tlie net of Oregon ín this matter. I submit that the certifícate or i list signcd bv tbc (iovernor and Secretarv of state of Oregon and dclivered to t1i College of Elcctors is l'ihnl and conclusive evidence. Why were the Governor and Secretary reqniied tö sifjn these b'sts? it is beoaoae Uiechief i Uve Of the State aml the ranvassing oltícer ahonld nnlte in deolarlng win, s eleoted, and wben tlms signcd thcir signaturen give it the eotii'lusivcand final evidence which i reqniied. " At the conclusión of Mr. Hoadley's argument tbc coniniissiun adjourued for the day. Thürsday. l-'cb. 22. .Ttulgi'.staiiley Matthewf addresed the eomniission in op]Msition to the Cronin certiticatc (No. 2). He contended that the Governor's certiñeate feil to the ground whun it was Hhown tliat it was itot a warrant to I the electors for the performance of theirdutieu. Tlie law of Oregon required that the votOfi f(ir electora Hhonld given. cooeived, retorned and cáivassed the same as for numbera of Congress, and in the case of nu üilKTrt of Congress it was made tlie ; dn y of the Becretaryof state to canvawi the I vo es, and there the Btatntory direotions end. Tl statute in rclation t electors .lurthcr ]rii ed tüal the Secretary of state nhonld certify tw ■ lists, sliowing who bad icccived tbe bigheot 'i" aber oí rotes, and there the oauvaen en ied. Tbc constitution and tlio law st: nped that record the leaal and I co stitutional ïesult of the 'eleetion Ml Nfttthew uouil'iiteU (In; propimition that he ineligibility of Watts mudo a non-election, r that tbc votos cast for un iueligiblc caudiI&U wera void. For the Govcnior to tako ipon hímself executivo, judicinl and legisative powers, was to bring about a comilication that would make the confusión of lio Govermnent inextricable. At the concusión of Mr. Matthows' argument, Judgc trong said that the counsel hnu DOW i'onaümed ■o lionrs oaeh, and tlll the (Jtteatíop of tito Klniisslblilty i f evidente wjw befóte lite 6oinmlwton. Hi' thoilglit it RÜOlÜQ b( lceeived now, subject to Üie jüdgmcnt oí thb ComnuaWon a to lts offefit. ThB propofdtíon was tqopted. Nlr. Merrick then offered as evidencc. apertilicd cpnyot It'i1 rnmjnljwfcn b'f tfolin V. Watts s l'osVmasli'l-, dntt'd PBb, i!t, 18ÍS, uncí tile j mission nf llinrv M. Itill as hissiicccssor, datod j Jan. 3, 1877, In which it was rocited that he (Hill) was appointod Nov. 3, 18715. Postmaater General Tyner was callcd hy Mr. Evarts. A telegram from Watts resigning bis PostmMterabip was prtxlueed and adniittcl. Ibis was recelved Nov. 14, and the anewer acrepting the resignation wan sent on tbr samo day. John W. Watts was callcd, and tëstliled to the same facts relattve to hts rrslgimtion. Aftoï llstcnliif; te nlpntntMlt.K hv M('ssl-s: Èvarts (for tlli' BepDbUCatu) and Merrick (for the Dchioorats) the conuiiisHion went info secret session. Fridav, Feb. 23. - Tho Electoral Commission was in secret connultation on the Oregon case from 10:30 to 3 o'clock, at which honr the arbitrators repaired to Senator Tlmniian's residence, that gentleman being confined to his bod. wlu-rc hfi rcniained dtiring the ])r''%e(lings of tbc conmitssion, vOtt Vrts tljtli, tuiten on tht' foHmv!l)g proposltioiis, wtilch liad bien infovmaily siibnutted and disenssed, bnt not voted apon, aaiing tbc day's seasion. )iy Senator Ednmnds : " Resolved, That the certifícate j signcd by E. A. Cronhi, J. N. T. Miller, and John Parker, pnrporting to cast the electoral vote of the Htute of Oregon, does not contain or eertifv the constitntional votes to whioh said State is ontitled." Justice Field offered the following as a Hubstitute : " Whf.bf.as. .1. W. Watts, designated in cerüficate No. 1 as nn elector of the Htate of Oregon for President and Vico President, on the day of the eleoHoO) vlü: ! tllP Tttl (tay of Novenibei-, 176. ht'ltl ah tifMeu of trust and pinlit llndt'r tlit United States ; thcrefore, lhiob-iii, That said J. W. Watts was theri ineligible to tho oftico of elector witbin the express terms of the constitntion." lïejeoted - yeaR, 7 : nays, 8, as follows : Veas- Abbott, liayard, ('lifford, Field, Hnnton, Payne, Thnrman - 7. Aajs--Bradl-y, Edmunds, Frelinglmvsfn, Garfield, Hoar, Miller, Morton, Wrong - 8. Justice Field tben snbmitted a resolution to the effect that Odell and Cariwright were the only persons chosen electorx in Ori'gon. This was rejected by the sanie vote - 7 to 8, Jiintuv Field offered s'till anothcr resolution, "thnt tbc attempted it-electloii of a third elector bv the two persohfl ehioaén wns tnoperfttlvt and void." liejected- 7 to 8, lis nbove. Mr. ftayard offered a propoítltion to tbe effect "that the votes of üdell nd ('artwright were the only votes provided for by the eonstitution, there having been il failore to appoint a third elector in aecordance with the constitntion and laws of the United States and laws of the State of Oregon, and that these two votes sbould It i-oiuited, and none others (ron tbc State of Oregon." Rpjeetod - yeas, 7 ; nays, 8, as before. A vote was theñ taken on Mr. Ednmnds' original proposition, and it wns adopted yens, 15; nays, none. Itr. Mortou thmi offered the followiiig ; " ,'eoPM, ïhat W. H. Odell, J. C. Cartwwght, and J. W. Watts, the persons named as electors in certifícate No. 1, are the lawful electora of the Ktatc of Oregon, and that their votes are the votes provided for by the eonstitution of the United States, and shonld be counted for President and Vice President of the United Statos." Mr. Hunton moved to strike out the name of J. W. Watts. Disagreed to - yeas, 7 ; nays, 8. Mr. Morton's rosohition wns then ndopted- yens, 8 : nays, 7, as followx : Yent - Bvadley, Etimunds, iYelinglinyseii, Oarfield, Hoar, Miller, Morton, Strong--8. Kays- Abbott, Bayard, Clifford, Field, Hunton, Payne, Thnrmaii - 7. Tbe decisión of the commission was then drawni tip and signed by the eight members voting in the affïrmaüve. On mot ion of Mr. Horton, the injunction of secrecy upon the acts and proeccdings of the commission, except as regard thil report to the joint session of Congres, was removed, and the commission adjourned. Monday, Feb. 26. - The Electoral Commission reassembled at half-past 6, immediately after the two houses separated, all the members present, Mr. Kernan, sncccusor to Senator Thnrman, taking his seat for the first time. Tlie papers referred to the commission by tbe two liouses in joint session were read by the Secretary. In response to inqniry as to who appeared as the objectors, Mr. Iliurd announced that Mr. ('ochrane and himself vrould appear as objectors to certifícate No. 1. Mr. Lawrence said Senator Cliriatiancy and himself would appear for objectors to certiticate No. 2. Senator Christiancy said he appeared for the objector, bnt thév did not propose to occupy the whole time allowed them. In response io another inquiry as to who would appear as counsel, Mr. Hurd said he was not preparcd to state at this time, bnt would announce counsel to the commission to-morrow morning. Mr. Matthews stated that Mr.'Shellabarger and himself would appear in favor of cerüficate No. 1 .... Adjourned.