Reconstruction and the Constitution, 1866-1876

by John William Burgess

The Houses of Congress, and also the Electoral Commission, met on the 1st day of February to count the electoral vote. The Democrats still

The counting of
the electoral vote
by Congress.

When the returns were opened by the President of the Senate two sets of returns were found from each of the four "States," Florida, Louisiana,

The double returns
from South Carolina,
Florida, Louisiana
and Oregon.

The Oregon case was more complicated. The three Republican electors received the highest number of votes, as reported by the Secretary of State, who by the laws of Oregon was the "State" canvassing officer, to the Governor. But one of them, Watts, held the office of postmaster in a small place at the time of his election, and the Constitution of the United States provides that "no Senator or Representative, or person holding any office of trust or profit under the United States, shall be appointed an elector." The Democratic Governor of Oregon decided in his own mind that Watts was not eligible, and made out his certification to include, beside the two Republican electors who were eligible, one Cronin, the Democrat receiving the highest number of votes for elector, although the number received by him was a minority of all the votes cast for the electoral tickets. This certificate was attested by the Secretary of State, and was given to Cronin. When the day for the meeting of the electors came around Cronin presented himself holding the Governor's certificate, the only certificate which had been issued to the electors by Governor Grover. But in spite of the fact that he had this technical advantage, the two Republican electors, whose names were included in the Governor's certificate, refused to act with him, and he refused to let them have the certificate to attach to their return of the electoral vote to the President of the Senate of the United States unless they should so act. Both parties persisted in their refusals. Whereupon Cronin selected one J. N. Y. Miller and one John Parker to fill up the electoral college of Oregon and these three cast two electoral votes for Hayes and Wheeler and one for Tilden and Hendricks, and, after attaching the Governor's certification to the record of their vote in due form, sent this return to the President of the Senate of the United States, as required by the Constitution. At the same time the two Republican electors, Odell and Cartwright, met to cast the electoral vote of the Commonwealth. Watts was also present. He had resigned his office of postmaster, and now he resigned his position as elector. The other two accepted his resignation, and immediately chose him an elector. The three then cast the electoral vote of the Commonwealth for Hayes and Wheeler. As we have seen, they did not have the certification of their election by the Governor to attach to their votes, as required by the law of the United States, but they procured from the Secretary of State a certified copy of the canvass of the votes for the electors, which showed the election of the three Republican candidates, and sent this, and also a copy of their proceedings in accepting the resignation of Watts, and then electing him an elector, along with their report of the vote of the electors for President and Vice-President, to the President of the Senate.

Both the Republicans and the Democrats were represented by most able counsel before the Electoral Commission. William M. Evarts, Stanley

The counsel before
the Commission.