New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-08
THE ELECTORAL COLLEGE, AGAIN.

We refer again to the omissions of the late
electoral college in the discharge of their
duty under the express laws of the country
There has been a difference of opinion
ELECTED, which has been argued pro and
con, as all honest differences of opinion
onght to be. We have read the very prolix
and Pathological minute of proceedings oil
the college, as published in the Picayune,
and the first thing that strikes the observer
is that the unnecessary mass OF words con-
tains but few facts, oTitting those most
essential to show a compliance with law.
Granting, for the sake of argument, that
the electors are not United States officers,
but only State officers, yet the fact is patent
that they took no oath of office at all, not
even the oath Of State officer. Now, they
must have been either the one or the other,
and the laws, both of the State and nation,
require all public functionaries to take the
oath Of Office before entering upon or per-
forming any official duties or receiving any
pay. Otherwise their acts are null, and
they can draw none Of the spondulicks.
1t, therefore, becomes the duty of our
worthy Governor and that Cerberus of the
reasury, the efficient State Auditor, also
the State Treasurer, to see to the fact
of the compliance with law be-
fore paying mileage or per diem.
1t will also be the duty of the
head of the national land office, Hon.
William H. Seward, to see to it before pay
ing Mr.. Barrow his two bits per mile-that
the latter, before entering upon the duties
of office, that is, before receiving ir hand
the precious package containing the cleo
toral vote, took and filed somewhere the
proper oath Of office. Mr.. Barrow, as
sensible man, has, doubtless, provided in
time for this. 1t will also be the duty of
Vigilant Congress, DESTROYS of preventing
future bad precedents, to see that the
electors themselves took a proper oath of
office. As the latter assured the Demo-
crazy of their own eligibility, when their
Convention was striking out the ineligible,
they will not SO disappoint the sacred trust
they pledged themselves to fulfill, and be-
tray the great Democracy of Louisiana by
letting their precious votes be cast out by
Congress for want of this necessary formali-
ty. They can yet probably retrieve them
selves by filing their oaths nunc pro tune
with Mr.. Bovee, Mr.. Seward, and President
pro TEN of the Senate, Ben Wade.
The Office of electors is created by the
Constitution of the United States, and their
duties are regulated and governed by acts
of Congress. True, they are elected as pre-
ribbed by the laws Of the State, but so are
of Congress. 1t could scarcely
be argued that the latter are merely State
officers for that reason, and Congress will
probably decide that electors are Off
GERS of the United States, performing,
as they do, most important func-
tion under United States laws, and
required Of course to take the iron-cled.
As for the Messenger, it is clearly United
States office exclusively, created, provided
for, and regulated by act of Congress, and
there can be no argument about his office,
II in fact there can be about that of eleetor.
All these questions are perhaps unim-
portant 10 their immediate results, but Mr..
Seward and Congress will give them i'm
portance as pfecedents. Mr.. McCulloch
and Andrew johnson attempted for time
70 dispense with the required oaths of
office in certain cases, but Congress brought
hem to a sense of their responsibility, and
they have been careful not to repeat the
example since. As for the argument that
> Presidential elector is not an officer, 1t is
sufficient TO say that every man is an officer
who is elected or appointed under law to
perform public duty. To the Democratic
elector who neglects his duty his CON
stituency win probably say, like othello, he
"shall never more be officer Of mine.h