The news and herald. [volume] (Winnsboro, S.C.) 1876-1881, 1876-12-14

VreSVH. Ine law or oregon re-
quiles the Governor to grant cortif-
Gates to Electors duly elected. In
taking his oath ofoffice, the Governor
is swoln to support tho 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 IN 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 November, holding IN office of
profit and trust under the United
States, to wit, postmaster at Fay
cite, the county seat of Yamphill
county, and had 80 held that office
for more than three years. Many
more than the number of voters CON
stituting his majority had actually
passed in and out of his own Office
on official business His official
character was generally known, and
was mentioned during the political
discussions of the canvass. 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 prominent citi-
zens, objecting to the issuance of q
certificate to Watts, as aperson dis
qualified, accompanied by proof of
his disqualification. and demanding
that the same issue to the man eligi-
bic person having the next highest
number of votes. A reply was filed
objectingy to anything but q count
of tho votes and a 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 receive n cor
titicate rests upon the ground thnt
constitutional prohibition is inter-
posed, the Governor, acting under
oath to support the constitution, is
bound to entertain and determine
! the question and not only that, but
he is to determine it in such u way
as to enforce tho constitutional
mandate to the extent of his
executive power. 1t was also
held that the law md the
facts being we'll known, the votes cast
for the Ineligible candidate cannot
be counted for any purpose, md the
eligible candidate having tue ncxt
highest number of votes was duly
elected. This ruling was based
upon standard authorities, such as
Gushing and Grant. the decisions of
many courts, like the Supreme
Court and the Court of Appeals of
New York, the later uniform prac-
tice in the United States House of
Representatives, and the great weight
of English authorities, both parlia-
mentary and judicial. The law of
Oregon providing for the filing of
vacancies in the Electoral College
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 tho
Electoral College. The next high
est candidate eligible under the
Constitution Of the United States
was therefore certified to be duly
elected. l.. Il. GROVER,
Governor of Oregon.
OF course the Radicals arc in a
great rage over Governor Growers
action, alleging that it is entirely
without legal sanction. If his posi-
tion is correct-and there is every
every reason to believe that it is
-Tilden is elected by majority of
one electoral vote The Radicals
are now in IN awkward yet self
imposed, dilemma. If they hold
that tho electoral votes must be
counted as they appear on the face
of the returns, Hayes is defeated
If, on the other hand, there can be
full examination OF the State votes,
the frauds committed by the Radi-
Gals in Louisiana, Florida and South
Carolina will be investigated, the
fraudulent work of the Returning
Boards undone, md Tilden and
Hendricks declared elected by On
honest and legal vote. The Radicals
are indeed in strait. The New
York Herald says "By this astute
man@vre the supporters of Mr..
TildenI have captured the strong
hold of the enemy, and con turn
hisso batteries against him. If
one House alone cannot reverse Che
certificates which bear the signature
OF the governor and the seal of the
State, the Democrats are thoroughly
entrenched on the ground selected
by their advorsalies. The rage of
the Republicans at being thus
hoisted by their own petard is as
\ aml1eino as H. ia n tu,.sln tHif