The New York herald., 1876-11-17
PERHAPS NOT INELIGIBLE.

Ensconsed in an elegantly furnished office, and pen
In hand gen teman we'll known in legal and society
circles accosted by the representative OF lhe
HERALD and his opinion asked OF tho present aspect OF
the Presidential questions and Of the assertions
regarding tho inegibilty OF the electors in Vermont
and oregon, VINO happened to hold otncc under the
government at the time Of the election
Tho counsellor busy, too blsy to pay much at
tenton politics just then but taking advantage Of
long acquaintance, the newsgatherer sought some
Information, and It stands as follows:-
''rhe constitution, In article section prohibits
the appointment Of eecor who holds any Office OF
trust or profit under tho government OF the United
States. Tho United States Revised Statutes require
the appointment Of electors TO be made on the first
Tuesday after the first Monday in November.
sThe same IN section 1873 authorizes each State by
law 10 ill any vacancy which may occur in its College
oil Electors when such college meets to give Its elec
toral vote.
.'This shows that the College of Electors is and
be constituted only the Tuesday after first
Monday ia November, and authorizes the States to
provide for the filling OF vacancies.
.sIhe State of New York has provided Il. Rev. Stat,
page 143 sec II for the assembling OF the Electoral
College the first Wednesday in December. and pre-
scrbes their first duty to be TO fll by ballot and by
plurality votes all vacancies in the Electoral Col
lege occasoned by the death, refusal neg
ect 10 attend OF eiector occasicned by equal
number OF votes having boon given for Two or moro
candidates.
'sThis statute the phrase Electoral College, IN
the in which It is used In the United States
Revised Statutes; that is, as designating the body
who have been elected the first Tuesday after the
frst Monday in November
snow, assuming the election as n member Of such
college OF postmaster other person holding office
under the United States, ana who therefore, incom
petent act what results under the the State
OF New York; Such clector msst be assumed TO be
advised. by this time at least Of his inability ac
aud he must also be assumed TO be loyal citizen. In
tho case, therefore, OF his appointment elector
ho would eithcr IN the language OF the New York law
refuse 70 serve or neglect to attend the
meeting Of the college tho first We'd
nesday IN December Then there would 10
vacancy, occasioned In the precise manner
contemplated by and specified In she statutes OF New
York, and such vacancy is 70 be properly nied only
by plurality Of the Electoral College; and when
filed such college s under the New York law. legally
constituted and may proceed to the execution Of
duties.
There would seem to be in this objection to a.
ling such vacancy by the new appointment Of the
original eappointec, II in the meantime no should
have resigned his office as 10 remove the consitu-
tional objection In the time his original ap-
poin ment by tho voters Of his State.
III seems that this all the others.
and the man who may have been ineligible election
day, the day Of hts original appointment, may be
prccludcd from being chosen a second time, perhaps
to 'all his own vAcancy.'n