Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1876-11-15
No More.

There has been Il habit in thi, State of
overriding our W state Constitution anG
letting po>tnastcrs and other United States
officials hold seas in The legislature. Il
would not he strange if in our present
House or Senate there could be foGnt one
or more gentlemen l,.yi>lntlnr for the
State Of Vermont in direct violation of il,
fundamental law. Two years = Il nun
represented he largest constituency in the
State having n right 70 his seat in tho
House, and numerous other instances,
might be cited. One party is rs much to
blame rs he other, the case referred to in
ISL being that of II leading Democrat.
Lust week it was discovered that the re-
publican Congressional convention in this
district last summer followed out this law
les habit by nominating for ~clrrtor Hen
ry y. S'!ltcr, postmaster of Bsilpo t
The Us. Constitution saws that no SEMI
t + or representative. or person holding
an office OF trust or profit under the United
>'tt's. shall ne appointed an clprtur." The
flct that NJ. S'Ill-e rr>ignc lbs Office OF
t'u~t an,! profit before The 9TH of Novrlnb-l
and thus relieved the Safe of brinr placed
IN a very silly position i no rx use tor
the foolish action of tlr convention, nor IS
the tariinr>s Of his resignation rtrticul,r-
y crciltab!r to him. Iha f,,t TIA. it
WAS made however settles the question
rs to any doubt of or fail electoral vote
being east for Mr. HAYES.
Had Mr.. SplIacr !rrn postmaster on the
'th OF November. it was claimed by some
tn 1t his ineIi-jbiliry would have given the
election t. the democratic clctur hlviuo
the highest number of votes. The alarm
Was unnecessary. for in the frs place
there l. II" certainty H> Vet that there i
not Il lie between the democratic ~clrcior,
having the highest number of votes. and
IN the neN place tie 1rrccdcn;s are
against The election of Il mtn where an
opponent who is ineligible has "A greater
number of votes. The mos. there would
be to II would be u question whether the
H'D'iC''' N'tI'N4tl' SiIJlIltt receive I Ger
tIlicrtr OF election 10 IN office he could not
legally act ir, or whether certificate,
should be given to the four eligible cl,c.
tors only. thus leaving an unIi>nltd VA
oancy.
The discussion rs TO ,Ir. Sollicc In.
brought 70 Ighl, however, II crave defect
in or state law, which should be rcmc-
died at once. Il is this: suppose Mr.. Sol
Lace had been postmaster on the Iay Of
election. and the two highest democratic
c Indicates had ted each otIer-or >uu-
pose another case that four republican cl.c-
tors htd received 1000 votes each. and
the fifth republican %elcctor and the five
democratic electors had received }09yD
votes each ~ four electors could receive
certificates, and there would be a Vacancy
by Il law Of the United States. pl>,el in
lStj. and found in the r visr,l Statutes of
tn" United States (title III, ~cll,ptcr one
section 1879 it is enacted that leach ,t,,.
may by law provide for the filling of any
vacancies which my occur in the %collcrr
OF electors when such college meets to
give its electoral voter
Oar state hts a very imperfect ltv on
THIS subject, it merely providing that, IN
ease any person, SO elected an ~elcc.or.
shall nrTlcc; to attend IT the State House.
IN Montpelier. on the day before the frs,
Wednesday of December to vote for Pre-,
ldent and Nicc-rresilent of the United
>totes it shall be the dltv Of the other
electors present to fill, by ballot, the Va
crnry tlu> occa>ioncd.'
Massachusetts has a much better law ON
the subject. one which meets conl;nycn-I
cies which our law Zoe, not. and one
which orr Legislature would do very we'll
t" put upon our statute book. 1t i, this:
In case of the death or absence of an
clrct0r, or in Use the number Of electors
is d' licient, the electors present shall
forthwith eject from the citizens of the
common wealth, 50 many persons AS shall
supply the Irtici,nry.'
At any rate it is to b. hoped that YER
mortcr> will hereafter obey their own
constitution, and no: run the risk of disc.
the constitution of the United
States, by elccting or nominating to nf.
lice men who are not eligible to the po-i
ton.