The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-12-23
Ind OREGON onse.

serve, il appears, after investigation, that
Governor Grover acted in strict accordance
with the law Of Oregon, and under the
guidance ofthe sblest legal advisers, among
whom was the eminent Judge Hoadley, of
Cincinnati, who is a Republican. It also
appears that his course Is fully sustained,
both by law and precedent, in this country
and in Europe. In the course of the dis
cussiOn Of the subject in the Senate on the
18th instant, Senator Bayard, who is ono
of the ablest lawyers in this country, said:
SIN certain States the law had been so
construed aud declared as to justify the
course Of Gov. Grover. In 1860 the Supreme
Court Of Indiana, in the well-known case of
Gulick against New, rendered decision that
the Governor of that State could determine
even against the decision of board Of can.
vassers whether person voted for was emit.
tied to receive a commission or not. He
next quoted from the case of Price against
Baker before the Supreme Court of Indiana
in 1872 to show that in that case, as well as
the previous case in 1860, the doctrine was
announced that where a majority of the bal.
lots at an election were cast for an ineligible
candidate they were Intellectual, and the per.
son receiving the next highest number Of
votes was entitled to the office. In 1872 the
court was composed Of new judges, there
being but one on the bench who occupied
seat there in 1860, when the first decision was
made. Mr.. Bayard read at length from these
decisions, and resuming his argument said
every one must see how unjust it would be to
declare that the Governor Of a certain State
had done certain act in violation of law
before hearing all the facts. He next quoted
from the case OF French against holland, de.
cided in the Court of Common Pleas OF Ire
land in 1872, when it WIS decided that when
majority candidate wis ineligible the votes
for such candidate were thrown away, and
the minority candidate was elected. Resum.
ing his remarks Mr.. Bayard said he would
never defeat the will Of the people by a
technically unless required to do SO by the
strongest law. Yet he could be held to such
action by law, and the Senate should diligent
ly inquire into all the facts.
Cumulative authority is to be found in
many cases cited in Congress aud in va.
rious States, all sustaining the Governor
of Oregon in his course. The Baltimore
Erening Bulletin, edited by an able law
yer, names the following:
Antecedent to the meeting Of the Houses
for counting the electoral votes in 1887, a
resolution was pissed in the Senate for the
appointment of a joint committee of Senate
and House, TO ascertain and report mode of
examining the votes of President and Vice
President of the United States, and of notify.
ing the persons of their election and also to
inquire Into the expediency of ascertaining
whether any votes were given at the recent
election contrary to the prohibition contained
in the second section Of the second article of
the Constitution and if any such votes were
given what ought to be done with them, and
whether any and what provision ought to be
made for securing the faithful observance in
future Of that section of the Constitution
The House concurring in the resolution,
Hons, Henry Clay, of Kentucky, Felix
Grundy, of Tennessee, and Silas Wright, of
New York, were appointed on the committee
for the Senate. The members appointed by
the House were Francis Thomas, of Mary.
land, Mr.. Cambreling, Mr.. Reed, Mr.. Con.
nor and Mr.. Lyon. On February Ath, 1887,
the committee reported, through Mr.. Grun.
dy, to the Senate, the result of their inquiries
and examinations, and the report was accom-.
panied by series Of resolutions. The sub.
stance Of that report is as follows The com.
mittee found that Isaac Waldron, who was an
elector in New Hampshire, was at the time Of
his appointment as an elector, president of II
government deposit bank at Portsmouth, and
was appointed and acting as pension agent
under the authority of the United States !;
that IN two casee persons of the same names
with the individuals who we're appointed and
voted as electors in the State Of North Caro-.
INA, held the offices Of deputy postmaster
under the General government. II also ap.
peared that in New Hampshire there was one
case F; In Connecticut one /; in North Carolina
one, in which, from the report of the Post.
master General, it was probable that at the
time of the appointment of the electors in
those States, respectively, the electors or per.
sons of the same names were deputy post.
masters. The committee did not ascertain,
nor care to ascertain, the identity of the per.
sons Of the same name, with the delinquent
electors since the general result would not be
affected In any way by their rejection. But
this was q mere accident, and the committee
evidently felt that such escapes were too mar.
row to be risked. They said:
The committee are of opinion that the
second section Of the second article of the
Constitution, which declares that ''no Sena.
tor or Representative, or person holding an
ONCE Of trust OF profit under the United
States, shall be appointed an elector,n ought
TO De carried IN its ,ohaie spirit into rigid "a.
ecufioH, IN order o. prevent officers of the
General Government from bringing their
9Q1cidt poreT TO influence the election of
President and Vice President of the United
States. This provision of the Consultation.
1t Is believed, excludes and disqualifes deputy
Posfmdsters from the appointment as electors ;
AND THE DISQUALIFICATION RELATES TO THE
TINE OF THE APPOINTMENTS, and resignation
OF the office OF deputy postmaster after his
appointment as etectrr tcould not entitle hin,
to pote as etecfor under the Constellation
The report and resolutions were adopted
In both House aud Senate--in the latter by a
unanimous vote. The cases Of Sollace and
Watts are completely covered by the passage
quoted, and Governor Grover has thus the
opinion Of Henry Clay, of Felix Grundy,
(who was in Congress when James Madison
was President, and Attorney General under
Van BUREN, and Of Silas Wright, (the great
Peace Governor Of New York-and at whose
feet Samuel ]. Tilden sat and drank in wis.
dom Ian opinion endorsed by unanimous
Senate, in which there was not a single car.
pet-bagger and very few who were not great
men-that the disqualification relates to the
time Of the appointmnnt, or, in other words,
that no man who is disqualified on the day Of
the PRESIDENTIAL election from serving as
elector, can constitutionally serve, no matter
what may be done afterwards TO remove his
disqnalifications. Watts, it seems, resigned
ms postmastership subsequent to the election,
but that resignation did not help his case,
nor was there a vacancy in the College since
the law required the State Of Oregon to an.
point three electors on the 9TH day of Noyem.
Der. The votes given for Mr.. Watts were
votes thrown away, and the Governor of
Oregon did his simple duty in giving eertii.
cate TO the three eligible candidates for cleo.
tors rho received the highest yotes.''
The same paper, of Monday last, also
cites a Maryland case in Harris & Nc.
Henry's reports of decision in the old
General Court of Md. at the April term,
1893, Hatchison rs. Tilden and Bordley !:
Hatchisou was candidate for the Office Of
Sheriff, at the October election, in 1895. The
defendants were the iudoea If alaet;nn M,