The New York herald., 1876-11-29
Tn. orego. Presidential Electors.

Tho Orego. Presidential Electors.
We have received the following communi-
cation from one of the most eminent jurlsts
of the United States. As we are always Will
ing that our readers may see the strongest
arguments that can be made against any po-
sition taken by the HERALD on important
public questions we give prominent place
to the letter of Mr.. Lawrence =
To THE EpIroR or rmK HxRALD:-
DO you do justice 10 the Governor OF Oregon ana 10
the democratic party in your article IN this mornings
paper in regard 10 the electoral vote In that siateg
would first call attention TO the TACT that the
President, from beng chosen by popular vo'c
tho operation OF tho electoral system has been such
that several the successful candidate mas been
in minority. In Mr. Lincoln's case while he hnd up
ward OF 200 electoral votes there were only q or
all other candidates, he had IN the popular
vote million less than the aggregate vote
OF his opponents, and Ar. Tilden IS
halt q million contessediy beyond Mr.. Hayes
The constitution not less explicit that all votes given
tor electors who hold offices OF profit or trust under the
United States sha! be void than that Oregon, with
population scarcely emitting her TO Representative
in Congress- shall have the right OF casting three eec.
toral votes Tor Presdent and II TINS highly favored
constituency are not competent 10 select qualined
electors assuredy no ono complain that nagrant
inequality should be diminished result OF their own
gnorance or II YOU please, by accident II Is one oi
the results of tho electoral machinery. which does
not profess 70 make the election on exclusively popu
lar grounds
IL seems 10 me tpcOnccivablc how, in event. ex-
ception can be taken 10 Governor Growers course
The law OF Oregon requires that the for elcc
tors shall be made In the same way is provided Tor
tbat OF members of Congress and State officers, the
votes being counted by the Secretary OF Stac in pres
ence OF the Governor. The inciigibity OF the Post
master must have been supposed 10 have been known
TO all electors, which would meet any points raised
the decision OF some OF the State courts but whether
known not II is mmemoria rule OF that common
law which we have inherited from English anccs-
tors that votes for incompetent persons void
The case OF John wilkes which occurred in 1904 is
fkaF
OF Commons he was repeatedly unanimously
reelected tho House refusing TO receive
him. At last Mr. Luttrc induced to
against him and the House admitted him, though he
had only 290 votes against 14 for Wilkes There was
no question that votes given Tor a disqualified ean-
didale void, but IL contendcd that expulsion
did not exclude reelection to Parliament. ! may
south Carolno II seems most extraordinary that cx.
ception should be taken to the democrats II they avail
themselves OF all constitutional means to meet tho
frauds As to the Governor, no performed simple
duty, as understand IT, and as believe II IS under
stood by most constitutional lawyers.
WILLIAM BEACH LAWRENCE.
Great as is our respect for the legal attain
ments of our distinguished correspondent
we must be pardoned for saying that in
this instance he has given expression to a
hasty opinion formed without due inyesti-
cation. It by no means follows as Mr..
Lawrence seems to think, that when an
ineligible candidate has received majority
of votes his competitor is elected. The
Court of Appeals of the State of
New York has had occasion. to
adjudge case of this kind, and
its judgment does not sustain the view
Of Mr.. Lawrence. Our Court Of Appeals
decided that the ineligible candidate who
received majority Of votes was not elected,
but that it did not thence follow that the
candidate receiving the next highest num-
Der had title to the Office. The decision
was that there was no election at all, and
that the Office still remained to be filed The
Court Of Appeals made a distinction between
blank votes and votes for an ineligible can
didate. Blank votes imply that those who
cast them are willing to waive their right of
choice. They are of no more account than
if the voters had stayed at home. But
votes for an ineligible candidate are pre-
sumably cast in ignorance Of the fact of in
eligibility, and instead of implying indiffer-
ence indicate a choice. They show
that those who cast them prefer
different candidate from the one
who stands next on the list. The
Court decided that the intention of the
voters is so far to be respected as to prevent
the election of candidate whom the voters
clearly did not want The Office, therefore,
remains to be filled either by new election
or by the appointing power authorized to
fill vacancies.
Applying the principle thus established
by the New York Court of Appeals to the
Oregon case it follows that only two Presi-
Dental electors were chosen in Oregon,
and that there is vacancy to
be filed according to law. BY a
statute of that State (if we are not mis-
taken as to the Oregon law the other elec-
tors are entitled to fill this vacancy when
they assemble as an Electoral College, and
they will, of course, fill it with republican
This accords not merely with strict law, but
also with fairness and equity, for there can
be no doubt that the citizens of Oregon in
tended to give their three electoral votes to
Hayes and Wheeler.
The Weather.
True to the HERALD's prediction Of several
days ago the areas of low barometer that