Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-12-14
his action in the following telegram to the
New York Herqld

SALEM, OhEefONs DoCoulU0I u
To the Editor OF The Herald: AT your request
I give some of the grounds of my action in grant
ing certificates to the Electors in Oregon. The
law of Oregon requires the Governor to grant
certificates to Electors duly elected. In taking
his oath of Office, the Governor is sworn to sup.
port the Constitution Of the United States and OF
this State In the election Of President and Vice
President the Constitution of the United States
is the paramount law. That instrument declares
that no person holding an office Of trust or profit
under the United States shall be appointed an
Elector. John w. Watts, one of the Electors
voted for in Oregon, was, on the 7th day OF No
vember, holding an Office of profit and trust un-
der the United States, to-wit, postmaster at Fay
cite, the county seat Of Yamphill county, and
had so held that office for more than three years.
Many more than the number of voters constitu-
ting his majority had actually passed In and ont
of his own Office on official business. His official
character was generally Known, ana " was 81 men
vass The law was known and the fact was known
rendering him disqualified to be an Elector., A
protest was filed in the Executive office by prom
inent citizens, obiecting to the issuance OF Ger
tificate to Watts, as person disqualified, accom-
panied by proof of his disqualification, and de-
manding that the same issue to the eligible per-
son having the next highest number Of votes.
A reply was filed objecting to anything but a
count Of the votes and certificate on the count,
and making no denial Of the disqualifying facts.
It was ruled in the case that where the objection
to an applicants right to receivea certificate rests
upon the ground that constitutional prohibition
is interposed, the Governor, acting under an oath
to support the constitution Is bound to entertain
and determine the question and not only that,
but he is to determine 1t in such way as to en-
force the constitutional mandate to the extent OF
his executive power It 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 candidate having
the next highest number Of votes was duly elect
ed, This ruling was based upon standard author
tiles, such as Gushing and Grant, the decisions of
many courts, likethe Supreme Court and the Court
of Appeals Of New York, the later the uniform
practice in the United States House of Represen-
tatives, and the great weight of English authorl-
ties, both parliamentary and Judicial. The law
of Oregon providing for the filling Of vacancies
in the Electoral Colleges recognizes vacancy
only in cases where there has been an incumbent,
unless the next highest candidate should take the
position, and there was no vacancy which could
be filled by the other members of the Electoral
College. The next highest candidate eligible un-
der the Constitution of the United States was,
therefore, certified to be duly elected.
i. F.. GROVER,
Governor of Oregon.
Should no new case Of contest or protest
arise, this will give to Tilden and Hendricks
the necessary 1876 votes of the Electoral Col
leges to secure their election. Giving to
Hayes and Wheeler the votes of South Car
olina, Florida and Louisiana, the whole Elec.
toral vote of the United States, as cast last
week. is as follows: .,.. e..