The New York herald., 1876-11-15

slresay advanced BY them that . scrutiny
Of the names the democratic colleges OF electors
would reveal oice holders under the United States
such commissioners TO take depositions In the sew
eral sates--natona notaries In iact-and other SINH
lar petty officials equally disqualified with the two ex
postmasters TO serve as Presidential electors.
cALER cusHNG's OPINION.
Tho controversy was laid before Mr. Caleb Cushing,
our Minister to spain who Is still detained in wash
ngton by business with the State Department and his
opinion was elected as follows
Mr.. Cushing, there Is considerable exctemens In
town tonight the discovery that two ~ tho
publican electors-one 10 Oregon and another in YER
mont-are said to be disqualified persons by Of
holding the Office OF postmaster. the one having
signed only yesterday and the other only to-day.
Mr.. Cushing anticipating the rest OF the question,
emarked:-'supposng the facts TO be they do not
affect tho legality OF either Of tho Electoral Colleges in
question. As general fact the presumption Is that
tho disability these apply TO the date
OF election but only to the date OF entering upon tho
functions OF Office. These two persons could not ie
galy act as electors while holding the
Office OF postmaster. They have very prop
erly resigned the Office OF postmaster and
are now perfectly competent at the proper time
TO enter upon tho duties OF electors, or they might
have declined to accept the oco OF elector retaining
that OF postmaster, the effect Of which would bc to
cavo vacancy In tho Electoral College. The laws OF
tho respective States provide for this emergency by
authorizing the remaining members to ll the vacancy,
Just As in the Of death voluntary resignation
for any other cause"
''Bu. would not the efsct OF tho disqualification
claimed to exist be 10 annul tho election OF tho Post
master and bring into the college person 81 the
opposing ticket having the next largest number OF
votesfr
~ think not" responded Mr. Cushing, "for
the already stated. What s there in the
claim Of the democrats that the College OF Electors
zach State is appointed the day OF election by tho
vote and Will OF tho people,
'sThs pretcnsion Is based on the use or the word
appointed in the constitution should say 10 that
the election only inchoats not consummated
appointment until the officially canvassed
and tho persons elected notified officially Of their eleo-
ton An appointment is not complete until the CON-
corlHcats Of oflcs Is delivered TO the ap-
pointeen
ATTORNEY GENERAL
Attorney General Taft being questioned the sub
jcct says that he has examined tho law pretty thor
oughly IN regard to the case presented by the two
Postmasters whose appointments on the electoral
tickets Of their respective States has, averred BY
tho democrats endangered II not destroyed the success
Of the republicans In the Presidential contest He finds
Il to be we'll established Sact by all tho preccdents
Law, that when person s voted Tor Presidential
elector who Is Ineligible and shall receive majority
Of votes his ineigibty creates q vacancy merely and
does result In the election OF any OF HIS oppo
The particular opposing elector who should bo
elected II such construction would hold II would be
difficult to tell as the electors are grouped, and no
special could be selected This he thinks 10 an
additional reason showing tho absurdlty OF such o
| theory.
THE LAW IN OREGON.
In the State OF Oregon the difficulty Is provided for
by the State laws and tho electors have tho power
appoint to oil any vacancy which may be occasioned
| in any way.
In the state OF Vermont r. as Is believed the law
| does not provide any method Of meeting the
| case point OF eleetor who voted for
while he holding o federal ofnce tho
Legislature be called together Immediately and
law passed prior to the time whom the certificates
TO be delivered, providing plan TO fl any vacancy
which may have occurred Almost all tho States
have passed laws to meet like the In point,
and vacancies filled under them.
vERxoxr TO Bx NOTIFIED.
Tho Attorney General will communicate with the
United States Marshal OF Vermont to- and call
his atseniian TO the prssumed necessity o. eczins
the violation OF the constitution which has occurred
In that State He feels that will have to DO promptly
attended to and that the Legislature will have to be
convened Immediately, there is not much time to
lose between now and the nrst Wednesday In Docem-
| beF, when the electors meet
DIFFICULTY ANTICIPATED.
| Attorney General TaN adds that there will be NO
dncul,y about remedying the matter. and quotes in
support OF his view section 133 OF the Revised satute
which provides that .every State may by law provide
for the nlling OF any vacancies which may in
It's college Of electors when such college meets
10 give the electoral vote" He has apprehension
whatever shat the Of electors alleged be
improperly elected In Oregon and Vermont inter-
fers with the OF Governor Hayes. He
Adent that any dnisulty which may arise OF tenn
porarily can be easily met.
GREAT DISGUST AND ANNOYANCE
10 felt by republicans that much trouble should arise
from such Insignificant cause and tho IL
general that tho two postmasters should have known
enough resign before election day On tho point
when under the contemplation Of law tho ecctor be-
gins to be constituted such tho Attorney
General was not clear. not having yet
amined into the law. Ho could not there
foro decide whother the electors In question really
appointed provided by law, when she election
was had or when Governor or the State gave
each his certificate under tho provisions OF
13s. Revised Statutes. Should tho latter DO the
case the resi- gnations having been sent In IN both
before tho comforting Of the certificates would
not have the effect Of vitasing thcr election This
question: however, Will be investigated by the Attor
ney General tomorrow and determined so far a. the
governments IL concerned.
DEMOCRATS RErfcKSr.
number Of leading democratic lawyers were also
questioned tho subject tonight, among them Ex-
Judge Jero Black, but they unwilling to hazard
an opinion without deeper study OF the matter in
dispute.
SOUTHERN AYYAiRs.
AZ the Cabinet session to-day southern affairs occu-
pied largest share Of attention. and invested
with moro than ordinary interest Tho members OF the
Cabinst and President Grant unit tho present
course aad policy Of the administration In regard
10 the election. Among tho other important matters
discussed was. a. already mentioned, tho effect which
tho OF tho two postmaslers Will have the