Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-22
Presidential Electors.
MEETING or TIM noAnD OF cAsyAssrus.

The proceedings Of the County Clerks who were
In session ut the State House, yesterday for the
purpose Of canvassng the votes for Presidential
Electors, were Of the highest Importance and at
tended by respectable audience, consisting Of
leading members Of the General Assembly, prom
inent citizens Of the state Of both parties and rep
resentatves not only Of the Vermont press, but
the principal journals of Boston and New York
The Board Of Canyassors was called 10 order at |
halipast ten o'clock A. w. by John v Hall, |
County Clerk Of bennington county, who called |
the roll Of the members Of the Board, when V |
was found that the several County Clerks OF the
state were present with the exception Of Andrew |
J. Howard Of Chittenden county, who was rep |
resented by Amos II Blair, Of burlington, Deputy
Clerk. The oath ofohlce as required by the stat
ute was then administered to the members Of the
Board by Hon. W. c. Ferrin, of Montpelier, a
justice Of the peace Hon Royal Tyler of Brat
tleboro, was unanimously chosen chairman Of
the Board
;. C. Shurtlef Of Montpelier, desired hearing
before the Board in relation to the Solace case,
aud on motion Of Mr.. Hall, Of Bennington county
he was invited to address the board at that time.
MIR sHURrLErF's ARGUMENT
dispute as a national question Of great Importance,
said that the first thing to be settled was whether
the Board Of Canyassers was simply a ministerial
body, or whether it had discretionary powers as
To the declaration Of what electors were chosen by
the people. After quoting from sections sixty
and sixty-two Of chapter one Of the general stat
utes, he contended it was their duty to designate
what are legal or illegal votes As regards the
eligibility Of Mir Soace as an eector, they should
obtain all the information in their power lie
thought the newspaper correspondents had dis
cussed this case very loosely, inasmuch they
insisted that it certificates that made the cleo
ton, when the statute meant votes lie was pre-
pared to show that Mr. Sollace was postmaster at
Bridport at the time Of the presidential election,
and therefore he could not he declared elected,
even though the state statute declares that the
candidates having the five highest votes shall be
declared elected. There was q higher law than
this for the Constitution II the United states
| prc-sly provides that no person holding any Of
| flee Of trust or profit under the United States
shall be an elector The mere suggestion TO the
BOARD should lead them TO inquire into the facts
in this ease It was their duty to ascertain II
Solace was ineligible Here Mr. shurile1 quoted
I
| Fiftieth New York reports, where the conrt Of
appeals decided that il an officer resigned after
election but before the votes were counted and
the result declared he was not eligible lie also
cited various legislative precedeuis and English
aud American decisions 70 support this view.
Mr. Shurten then combatted the view taken
| by many that the act Of appointment was not
coaplete until the vote had been canyassed and
declared The Constitution Of the United States
said that electors shall be appointed the legis-
lature Of each state shall direct, but II Congress
may fix the time for appointing the electors which
is the Tuesday after the first Monday 10 Noyem-
Der Hence such action AZ he had alluded 90 would
be void, Of no effect. The point was then made
By Mr. Shurtlef that Soace being ineligible, the
person having the next highest number Of votes
should he declared elected and spoke Of the
practice in the Joint Assembly that when there
was no choice Of Justices Of the Peace, the next
highest was always chosen. paricularizing the east
Of Gilmore, Justice Of the Peace Of the town Of
Rutland, recently elected by the Joint Assembly
Still he admitted that the practice Of the Genera
Assembly was not authoritative and that the deci
sions differed widely on this point
1t was next urged that the only tribunal to set
tie the rights Of voter. is the court. Unionu
nately the supreme Court was not in session, and
their action could not be invoked by maadamus
certiorari or quo ,sarrd,,io, but As he believed
was their duty, the Board should declare that
Estey, Houghton, Farnham and welch were
elected that S1llace being Ineligible was moi
elected, or that there was a vacancy IL they
should do this. or should simply ascertain and re
turn the number Of votes for each. and repor
them, with the fact Of solaces ineligibility, t,
the Governor, he, under the statute could obtaiI
the opinions OF the Supreme Court, and act ad
yisedly. He thought public opinion needed arous
ing, so that persons would not be put forward fo
office who were clearly ineligible. Then the com
mon law, when not repugnant to our institutions
was the law Of Vermont and this should enter int,
aquestion Of this magnitude It was clear to hin
that Sollace's seat was vacant; that nobody els,
could hold it, that the votes for Soace were u
legal aud therefore blank, and that the candi
dates having the greatest number Of legal vote
were the only ones 10 be declared electors II,
again quoted the case In the fftieth New lorl
Reports as making point Of the fact that IN,
voters were ignorant OF the candidates ineligibil
ity and, therefore, that the next highest was no
elected, and he willingly conceded that the voten
Of Vermont did not know Of S0llace'- ineligibil
ity II ii should be found that the five demo
cratic candidates had each an equal number o
votes then. of course under no rnle conld ono n
them be returned a. elected but a vacancy mrsl
be certified He closed by asking 10 show thai
Sollace was. on the day of election. a postmaster
and that the iloard should certify that fact an,
then declare that either Estev. IIonrhtou Farm
ham and Welch were elected and there was ON
vacancy, or that the four aud Amos Aldrch wer
duly elected
HON r. r. WOODBRIDGE
thought Mr.. Shurtleif's points could be success
iully answered as tine whole current Of author
ity goes TO show that in case Of ineligibility Of
candidate, the person having the next highes
, number Of votes is not elected He alluded Il
various opinions OF eminent jurists holding tina
view on this point, especially that of Judge Strong
. OF Pennsylvania, now on the Supreme Bench o
. the United States. II the Board had judicia
powers, 1t might be necessary to answer the ar
, guments of Mr. shurtleff, but they were smpl
present to perform ministerial act MIR. Wood
bridge here quoted from the United States AM
state laws, relative to Presidential Electors AM
showed that the only duty of the Board was t
e'""' Wv 'o'os O"s' i"' eloV"Is mere might