New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-07
NETWORK, TUESDAY, MARCH 7, 1871

| yention, and Zebulon B. Vance was deciaro'
elected to the United sates Senate instead OF Ae de
caration being made Of right 1t ought TO have ooen
according to Mr. Abbotts memorial that the memoria'
had received majority of the votes legally cast ih'
memorial argues that II the votes cast for Mr. vance
| were Of validity effect he would have been duiy
elected; but because OF set forth, MI ADoot'
claims that these were void and Of no eject ana
ought not to have been received counted or declared az
votes Their only legal effect the evidence they furnish
Of the pr Of quorum at said election. Mr. Vance
was member OF the House OF Representatives OF the
United States previous TO the War OF the Rebellion ana
such he took the oath TO support the Constitution.
During the Rebellion he accepted and held the office OF
Colonel in the Rebel army and took oath Of allegiance
| TO the COnfederacy. He also Rebel Governor OF
North Carolina from August 1862 to April 1885, when our
forces occupied North Carolina These are matters VI
common history well known to the Senators and Repre-
| sentatlyes whose votes were given TO him. These
| facts be proven by the oaths OF the members
voting and also by the fact that in the caucus held
by such members Mr.. vances disqualification was fully
discussed and by unanimous vote IL was resolved 10
disregard the fact that under the Constitution and laws
OF the United States he gibe for any Official po-
sition. Mr.. Abbotts memorial takes the ground that
such inengblity invalidates the election, that Mr.
Vance not entitled be voted for and that such has
been the determination Of the Senate in all contested
elections where such disqualdeatons has existed MI
| Abbott proceeds
"Your memorialst freely admits that in case where
the Legislature should vote for person under dsqua
caton without knowledge of the facts while the Voes
would be void in so far 10 give no title 10 the pace 10
the individual voted for yet the uniform legislative RUE
is in consonance with Justice to remit the case 10 ne
ton; as, for example III the case OF an elecloh ny d
ar under 81 s Te of That he had attained
the required age But your mcmOriast submits mat IL
the uniform rule Of decision, IN legislative as
sembe1 both in this country and in England, from me
earliest Zines, wherever the question has arisen as wen
the uniform of Judicial decision in cases nyo
ing like questions, that votes knowingly cast Tor an el
gibe candidate not only void. AZ TO him. Dut are 10
be treated blank votes, not affecting the result OF any
election"
The memorial illustrates this by supposng Legisla
lure to elect child the United States Senate. In such
case the votes would be treated though east for
fictitious person. and be declared blank, and OF no eect
upon the election. Referring to the probability
that the members voting for Vance expected
Congress 70 relieve him of his disability, Mr. Abbotts
memorial suggests that in this case they took the
risk Of having their ballots treated as utilities, III
case OF the nOn-cnactmcnt Of such law. IL also
argues that II such rule Of action be admitted,
there can be disqualification sufficient to render
any election a nudity, because the members or Legs
laturc might speculate in advance upon an alteration
in the Constitution which would render eligible the per-
son 20 elected and ineligible at the time Of election
After referring Ia the fact that his admission. allowed
could not be construed boin- affected by party CON
81 CITATIONS the senate being constituted that the votes
he might give could not change or ahect any result, DR.
Abbott closes bis memorial as follows;
wherefore, your mrmOrialis having received clear
majority VI AN the leg cast IN the Two branches
OF Inc Legislature OF North Carolina ON the DAY when
an election for Senator OF the United states was he IN
rrr.ion,e All law and a constitutional quorum being
present, claims the seat 20 which he is entitled peg 50
duly elected aud pray leave 10 maintain tat claim III
such manner the senate may hold
The first taken up ~ the Grand Jury OF the Grim
inal Court to-day was that Of the Hon. c. c. Bowen,
charged with bigamy, in having wife, Mrs. Frances
Bowen living Ina Augusta, Ga, when he married Ms
King, last August. STA witnesses were examined
The Lincoln Monument Association to-day reelected
an its officers ON motion OF Gen spinner, resolution
was adopted authorizing the President aud Vce-Prcsi-
dent employ additional artists, II necessary, to AM III
the work The agencies viii also he reorganized.
senator Chandler gave grand reception TINS evening
az his residence There were present PRESIDENT Grant
Vice President COfIX, Speaker Blaine, al inc HcuiheI-
1f the joint n Commission. Judges oi the cApfbt
Court uf the United state, all the members oI me Canl
various Senator's and Representatives, Horace Greeley
Gen. Butler Gen PleasOnt,n Gems Porter aud Bdb,OcR
ard Others.
The President has recognized the following named
prrsons a. Consular Officers Oi Her BTIidlo Majesty,
TarI Mortimer A-riihsu Cousul General Tor RE states Of New
York D-aware SwIe, Rhode island and Connecticut 10 reside at
a Lane ooler Cou and Oregon. and for Wash
insfau Territory. % .iie @ san Franc SEQ
Charles Consul for i,lfhett vermont ana Ne"
tr. Eiv,r Kh Nor. gh ro1sul for PENNSYLVANIA Ohio IN
diana Illinois, a l4l
Henry John murray Consul or Maine To- reside ~ tn-t'gH
Denis UoIollr Consul Tor The CITY Hsie o. Nr@-OAs ul
,.-r, roq, kirl Fens Consul ~. Maryland Irne,e" r-
gus vfgu- ReHtleA and Missouri To- reside - DAi"oe