The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1876-11-21
Oregon.

The case of the United States officia
(rostmaster) in Oregon, who was one
of the Electors on the Republican tick.
ct. is an interesting one. 1t appears
clear that lie was ineligible to the office
Of Elector because of holding a position
under the Government This position
he resigned AFTER the election. 1t is
claimed that, the votes cast for him
count no more than that number OF
blanks, and that the candidate on the
Democratic ticket, having the highest
number of votes, will be entitled to the
certificate of election. The State being
entitled to three E cctors, this would
give two votes to HAYES and WHEELER
and one to TILDEN and HENDRICKS.
The Enquirer uf the 16th inst. clos
ed lengthy article on the subject in
this wise: ...4..
"The Supreme Court of Oregon has
put the duty of the Governor of that
State in this matter beyond doubt In
the case of McWhirter vs. Brainard
18th Oregon, page 426) the question
was settled. We give the language of
the Court: "'rhe mode of canvassing
the vote and the proclamation of the
Governor are substantially only modes
OF ascertainirg and publishing the result
of the vote J" Governor GrOrer, taking
his orders from the Contitutioh of the
United States and from the Supreme
Court of his own State, must refuse to
issue certificate to Watts The resig.
nation of Watts was confession Of in
eligibility, not destruction of it. The
votes cast for Watts, in the language of
a high tribunal in a like case, were as
votes cast "for dead man or for no
man." They are thrown away. What
is the power of the Governor in the
premisesp The law in such cases has
been well laid down by the Supreme
Court of Indiana, in the case of Gulick
vs. New Tanners Reports, vol. xiv,
page 93) This is the finding:
"The Governor may determine, even
against the decision of board of can
vassers, whether an applicant is entitled
to receive commission or not, where
the objection to his right to receive it
rests upon the ground that a constitu.
tional prohibiation is interposed.
IF the Governor should ascertain
that he has commissioned person who
is ineligible to the ollie, he may issue
another commission to the person le
gallv entitled thereto.
Where mi rity Of the ballots at
an election were for person not eligi'
BILE to- the office under the Constitution.
it was held that the ballots cast for such
ineligible person were Intellectual, and
that the person receiving the greatest
number of legal votes, though not q
majority of the ballots, was duly elect
cd and entitled to the office"
The decision stands indorsed by the
! highest Courts in some sister States. II
is the theory Of our Government tina,
the voice Of majority controls ouI
elections; but it is also the theory o.
our Go osernment that this voice shall bt
uttered in legal, constitutional manner
and the Courts have declared that the
minority, acting in accordance with the
Constitution and The law, ought to con
troll the majority that is not Bat what
ever may he true concerning our theor,
of Government, the duty of the Gov
ernor of Oregon is as clear as. 1.-The sun
at noonday lie can not lawfully give
an Electoral certificate to Watts; he car
not lawfully refuse to give the third Ger
tficate to the Democratic Electoral can
didate receiving the highest vote. Ths
i Constitution Of the United States, TIN
laws and the Supreme Court of his owl
State alike command him to do this =
And this gives Tilden one hundred ant
eighty-fve votes and victory, withou
vote from South Carolina, or Louis
lana, or Florida, or California, or Wis
consin, or Vermont, and without fraud