Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1876-12-23

The Governor Says He Obeyed the Law
and the Constitution.
SALEM. OREGON. Dec. z.

SALEM. Oregon, Dec. z.
To the Editors of the Herald
At your request | give you some of
the grounds of my action in granting
certificates to electors in Oregon. The
laws of Oregon require the Governor
to grant certificates to electors duly
elected. In taking his oath of Office
the Governor is sworn to support the
Constitution of the United States and
of this State. La the election Of Presi-
ident and Vice-President the Consti-
tuition of the United States is the para
mount law. That instrument declares
that no person holding an Office of
trust or profit under the United States
shall be appointed an eleetor. John
w. Watts, one of the electors voted
for in Oregon, was on the 9Th day of
November holding an Office of profit
and trust under the United States. to
wit: Postmaster of Fayette, the county
seat of Yawhill county, and had SO
held that Office for more than three
years. Many more than the number
of voters constituting his majority had
actually passed 10 aud out of his office
on official business. His official char
acter was generally known, and was
mentioned during the political discus
sions of the canvass the law was
known and the fact was known render
ing him disqualified to be an elector
A protest was filed in the executive
Office by prominent citizens Directing
to the issuance of certifcats to Watts
as person disqualified, accompanied
by proof of his disqualification, and
demanding that the same issue to the
eligible person having the next highest
number of votes. A reply was filed
Directing to anything but a count of
the votes, and a certificate in the
count, and making no denial of the
disqualifying facts. 1t was ruled in
court that when the objection to an
applicants right to receive a certificate
rests upon the ground that constitu-
tional prohibition is interposed, the
Governor, acting under oath to sup
port the Constitution, is bound to
entertain and determine the question.
Not only that, but is to determine in
such a way as to enforce the constitu-
tional mandate to the extent of his
executive power. 1t was also held
that the law and the fact being we'll
known, the votes cast for the ineligible
candidate cannot be counted for any
purpose, and the eligible can
didate having the next highest number
of votes was duly elected. This ruling
was based upon standard authorities,
such as Cushing and Grant, the de-
cision of many courts, both the Su-
preme Court and the Court Of Appeals
Of New York, the later uniform prac-
tiee in the United States House of
Representatives, and the great weight
of English authorities, both parliament
tary and judicial The law of Oregon
providing for filling vacancies in the
Electoral College recognizes vacancy
in such cases only when there has been
an incumbent and such incumbent has
died, refused to act, neglected to
attend, or is otherwise absent. In
this case there was no incumbent un-
less the next highest candidate should
take the position, aud there was no
vacancy which could be filled by the
other members of the Electoral Col
lege. The next highest candidate ELI
gible under the Constitution of the
United States was, therefore, certi-
fed to be duly elected.
L. F. GROVER,
Governor Of Oregon.