Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1860-11-30
The Governors Proclamation; and the
Presidential Elections

We have been amused at the remarks of
some of the Douglas organs in Ohio on the
subject of the Governors Proclamation rela-
tive to the Presidential election 1t is grave
ly contended by some of them that the entire
vote of Ohio must be thrown away because
| the proclamation was not issued sixty days be-
fore the election. This preposterous idea presup-
poses that Governor, either by neglect or re-
fusal to act, has the power to deprive the peo-
pie of State Of all their rights in a presiden-
tial election. Nothing is further from the
truth. Let US look into this rubject for few
moments.
Prior to 1916, each State, by its own laws,
fixed the time when they would vote for cleo
tors for President. In Ohio, the law of Feb.
Is, 1920, provided that the Presidential cleo
! tion should be on the fifth Friday preceding
the first Wednesday an December. 1t also pro-
vided that the Governor should give 60 days
previous notice, by proclamation, to be insert
ed in one of the newspapers in each county of
the State.
In 1876, Congress, seeing the evils arising
| from holding the elections at different periods
in different States, passed law that the Pres
idential Election should be uniform all over
the Union, and fixing the Tuesday nert after
the first Monday Of NOUember as the day for
voting in ali the States. This substantially
repealed all the State laws on the subject
1t fixed the time and placed it beyond the
power of any of any of the States to vary or
change it in any respect. The only lcgisla-
tion that was proper, land that was not ne
| cessary) was to change their laws to conform
/ to the laws of Congress.
/ This law of Congress merely fixed the
day, without providing for any notice. Our
statute had been permitted to stand, except
change of time In lS48 the Governor OF
| Ohio made proclamation achafeuer. We
suppose he regarded the law of Congress as a
virtual repeal of that requirement. In 1852
the election Of President came on the I'd day
of Novtmber. Gov. Wood issued his procla-
nation on the 9th of September, being 81
days before the election. In 1856, Gov. Chase
issued his proclamation on the goth day Of
September the election was on the 4th oi
November, making 46 days notice.
Gov. Dennison considering, as we suppose
The law of Congress as substantially dispens.
ting with the necessity of notice, yet in de-
ference to the practice of his immediate pre-
decessor, published his proclamation on the
7th day of Sept. being 81 days before the
election, thus giving longer notice than his
immediate predecessors. Such are the law:
regulating this subject, and such has been the
practice under them. If any proclamation
were needed it should be issued by the Presi
dent of the United States, as the Governor is
not the proper person to proclaim the laws o.
Congress. No one has regarded the procla
nation as in any respect essential to the va
lidity of the election. Courts have uniformly
decided that the want of notice for the elec
tion of County Officer, &c. by Sheriff, did moi
render their election nulty. The law fixes
the time and manner of their election, and il
was never the intention to give Sheriff. OF
Governors the power to disfranchise Counties
or States by either neglect, or refusal to issue
their proclamations. In this case the time for
holding the election being fixed by Congress
the people have their rights without any regard
to State Jaws, Or the act Of State Of u.s. We
trust this plain Statement will quiet the sens
tive nerves of our Democratic friends The
twcnty-three Electoral Votes of Ohio will b,
counted for Lincoln just as they were for Gas:
and Pierce and Frcmont.-O. s. Journal