Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-11-25
Presidential Electors.

lcUul UONTu w SNlNN Wv WV ~
DENTAL Electors, assembled ut the Stat
House on Tuesday forenoon. Hon. Roy
nj TYLER of Brattlcboro was unanimous
" chosen chairman. S. c. ShurileH "
Montpelier appeared before the Board IL
behalf of the Democrats, who claimed
that Henry n. Solace was by reason o
being postmaster at Bridport inelli
gible to ill the post of clcctor.
He clnimcd that the Board must find So
lace not lec'e,l and III" other tnmr ''tct'H
and the man receiving tho next highest nn'n
her of votes was ~ I'LL fifth place. or That ~"
Electors can al the place under the law :"
the State. tie asked the clerks I" certify fm
facts to the Governor, IN owlcr tfnt he ca,
then ask ,lrci>i of the Superior Court A."
Ia We the question fully settled. TIE s,ate'
that English common law nn,l rule declares
the next highest elected, and that our Con-
stituiion adopts common law ms TAR MS ho' re-
pugnant to our lazy. aud That this Is not :,
IN er.at ,w W. liz s" Wo M al"
first to show by pro"f that Snllacc was Pos,
master at the time of the election sccond
that the Buarl certify the facts to the GOV
crnOr and Secretary of state; third, that the
Board declare four elected aud that the next
highest on the Democratic ticket liz clrctei
declared that vote east for an inclisihle can
didnte are he same rs blank votes. ~ r"i''
clus0n, he claimed that by the laws of Vel
mont II is an open question as I" whether t''
man receiving the greatest n'imb'r OF fga'
votes Is elected and closed by asking th
Board no permit the oppo,ing parties I" en-
deav"r 10 show that Sullace was Postmaster
at the time he was chosen.
The Hon. Is. +. Fiield of Montpelier Uni
ted States District Attorney. presented The
case of the Republicans in u strong Argument
advancing the theory that the Canvas sinp
Board did not know il Sollace was or was moi
Postmaster. He said:
They might know personally, bnt officially
they knew nothing abnnt II. The question
then arises, what are the duties at The BOARD
He read from the case of the state against
Steers. IN the 4lh Missouri. that canvaSsers
were merely ministerial officers. aud that they
had no jndicous powers H. relation I" 4 Ger
tiicate which is defective reject il. hut II ~"
evidence was sufficient to show that the spirii
of tue law was ut violated the board shout,
accept it. In Minnesota, Maine. New YORK
and New jersey, the canvnssing Board are
only ministerial bodies. bnt. as good luck
would have it. in Lou lana. Florida and AT
70 in South Carolina, the Boards were gwen
discretionary powers several years ago, he
cause there had been frauds of such stul'eh-
dious magnitude pcrpertra'cd as were hev'
heard OF before these powers were given, All
yOu have to return to the Governor il to Ger
tity who has the greatest number of votcsahd
here Your duty ends. You cam ct MS II BEARD
go beyond What have already stared. What.
ever acc i,l' NAL error may lave u, cured il
this matter. will he and is already rrncdrd
by recent Legislation. aud when the Electors
come together they will ill any vacancies
and they will undoubtedly choose somebody
who will cast his ballots for u Republican
President, and NtiinOni'> five elect, rial votes
will he cast for Republican PRESIDENT and
Vermont shall not be cheated out OF II. rs the
voice OF The people is there II thrIe was any
thing upon the face of II ccrtiica e to make it
defective. thea it should he east ont but il
the ceititicat ties upon their faces show nothi ing
defective. then the Board INST return them
10 the Governor. counting the votes minister
tally. lie tliu not ,luubt there was IL vacancy. |
but he claimed that under ,lrci ion of Attur-
ney-Gnneral Trait the remaining Electors
could ill the Vacancy.
Messrs. Frederic E. Woodbridge and
Warren F. French, also spoke in sup
port of the theory of the District At.or-
ney.
Mr.. Shurtleff closed the case for the
Democracy. In regard to the jurisdlc-
ton of the Board he claimed that the
Board in this State was vested with ju-
dicial powers by the siXty-second
section, chapter one of the statutes. He
claimed that the statutes docs not say,
determine "such certificates us legal or
illegal" but says ratio" not certificates
and to attempt to make any such con-
struction would be doing violence to the
English language The Board adjour-
ned. to consider the authorities. until 2
P. M. At the close of Mr.. Shurtletf's
argument he filed the following protest.
To he Board Of ConrasSerS If he rotes for
Electors of President and Iiee- Prcsid,n OF
the United Sta'esto the STATE Of Vermont.
no,c IN session:
The undersigned respectfully request that
you report to the Sec' et,rN of state and Gov
ernor Of this State officially that Henry n
Solacc. one of the c"n;lin!es for Ec ctor was
at t he time of such election. on the 9TH day u1
November. ls7G. holding the office of post,nas-
ter NJ BIidroIt in this State. aud we protest
against yonr declaring he said Henry n. Sui
lace, elected er appointed an I'll, ctur for the
reason that he is ineligible according to tin.
Constitution OF the United States We fur
thrr request you to d, Glaze the erson having
the big lest number of votes duly elected a
an ElectoI of President and Vice Pres dent III
the United States and certify the same to til.
Governor, with the number he received.
lSghed) AMOS ALDElCn.
GLoRGL Nj. Fisk.
Montpelier, November 81. 1876,
The session in the afternoon was open
ed at two O'Clock. The President stated
that the question before the Board was
whether testimony should be introduced
regarding the eligibility of any of the
Board of Electors.
j. V. Hall, of Bennington, introduced
the following resolution, which was unan-
imously adopted;
LesoIrtd. That this Board of Canvassers
ore OF the opinion that their powers are sim
lly ihisttrial. and that their duties ar
clearly defined 10y the statutes If the State.
aHd they Therefore decline to hear or receive
evidence outside the ccrtiti, ates of votes re-
tuiLcd by the riorer town anth"iitios.
Following the adoption of this resolu-
ton, the Board examined the returns OF
votes completed by the various tow II
clerks. approved the same, and deposit
ed copy in the office OF the Secretary OF
State.
The footings of the vote for Electors
we've as follows:
REPUBLICAN, ELECTORAL TICKET.
Charles +. HouehtOn 44.O9t
Saeoo I,sttS. ...-....-- .......-.. ]4,tN |
I,tn! ~; S'hhce' '--..--...-. .--.---.. a. VT |
ROSWELL tarbilain. -..-..-.-...-........4i0 9I | ,
Alvin &. Welch... 44USG
DEMOCRATIC ELECTORAL TICKET.
l.ucius Robinson. .....20,2i9 |
l..