The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-24
The Vermont Republican Programme

1t seems that even in Vermont, where
law and common sense might be supposed
to prevail, the Republicans are r,sortng
to shifts and evasions of the most timsy
character to prevent one of the electoral
votes of that state from being given to
TILDEN. II SoLLAcE, the postmaster, was
not elected one of the five electors of the
state. II follows either that there was no
election of any electors at all. or that four
Republicans were elected together with
one Democrat. who had the next highest
number OF votes after soLLAcE.
That SoLLAcE was not elected because he
was coustitutoually incapacltated is ah-o-
lutcycertan. ecould no more be elected
ihau the King Of the Cannibal Islands The
excuse that Is set up 10y the Canya-siug
Board for returning or declaring him rs
elected, and the subierfuge that is to bcre-
sorteGto forpreventns him from eivingan
unqualified vote aud AZ the same time for
securing that vote for HAYES, justify Us in
pronOuuciug the Republican managers IL
Vermont to be mere pettilosgers.
The excuse il that The Board has only Il
Ministerial dGty TO perform. There is "a
great deal of a certain kind Of nonsense
perpo the use of This word miu-
istciial. In its proper disqualification It means
only that duty is to be performed winch
| can he performed only IN one way, and
which involves no notice or knowledge OF
anything. not even a matter OF law, which
would lead to its performance in another
way. Ii is in tue Application of this idea
of Ministerial act to the case OF an ut
! fi41 tlt a Ia. MD -
ity Of The Vermont Republican doctrine
j. apparent. Follow ont that doctrine.
ana suppose that majority OF the people
| oi Vermont had voted for person hold
ing the Office or United states Marshal as
a Presidential elector. The state Board,
upon any theory of ministerial duties, is
bound 10 know a. matter OF law, that the
marshal cannot be appointed an elector;
for the Constitution expressly prohibts H..
If they give certificate Of election
TO the marshal, they simply consum-
mate violation of the Constitution.
They certainly cannot by giving the
certificate, remove the disability or make
the marshal qualified elcctor, whose nom
attendance ~ the meeting of the electors
would create vacancy which the electors
can All. Yet such Is the Vermont Repuhli-
can programme. II nullInes the prohbl-
ton Of the Constitution, by making an
uuutmlfio1 person an elector until the
Electoral College meets; ana them If he
chooses to stay away, 10 lie must, some onl
else Is to hecome his succt ssOr in the office
There can be no successor 10 man who
never was qualified to hold the Office, be
the Office what It may.
A horse was once named az Roman
Consul by one Of the Emperors. if ma.
iority Of the people of Vermont had
chosen Vermont Black Hawk" II Pres
dental clector, that celebrated ANNA
would certainly not have attended ia,
meeting of the electors; bat according tC
the Vermont Republican theory, he woulI
have filled the Office until the meeting o
the electors, and then That body woult
haveproceededt TO fiji the vacancy 10y choos
, ing his successor.
The worst feature of this Vermont cas-
is that the returning officers propose to vi
olate their own law. That law, which W
quoted in oui issue Of the 18th instant, re
quites the County Clerks and Sneriffs
within five day after they have counte'
the votes for Presidential electors, to Civ
notice " to the persons elected TO Assem-
Bile mt Montpelier and vote for President
Ii doc not require or authorize them {
. notify a person who was not elected, as
I postmaster was not and could not be; an
, no theory OF definition Of ministerial
!, function can exclude from their know
70 edge the Disqualification which takes thI
postmaster ont of The category of "pei
p sons elccted.' Tho same statute treats @
+, the non-attonlauce OF "any person ,
70 elected au cicctor' ina winch event IN
! other persons elected are TO mn tho vacanc
r. caused BY such non-attendauce. The La
7 does not provide, or mem TO provide, f.
- the non-att -ndanoo of persons who move
Y were elected because they were constitl
T tionally disqualified.
q II seems as IL Il general demoral2atio
y had taken possession Of all Republics