New-York tribune., 1876-12-16
sentative OF political party and not Of the wHoio
cOuntryf "
Phifqdelphid, Dec H. 1875.
LAW AND THE OREGON CASE.
GOV. growers ACTION UTTERLY ILLEdAL-shoohD
THFRR NOT BE SOME PENALTY

LAW AND THE OREGON CASE.
GOV. GRoyER's ACTION UTTERLY ILLkdAL-SHoUtD
THFRR NOT BE SOME PENALTY
TO the Edttor OF The Trf0U"e'
SIR; 1t ia a principle obvious Ill ltsell' anu
well settled in law every enactment 10 pe itei
pr-ted and carried out according to It's true ana oear
intent Now it the obvious intent OF all the eiec'ora
oactents first that tho electors shall be those men
whom the majority de- crmine; but secondly. oat IN
case of any instance OF defect OF failure as to ndiVldua
the defect snail supplied as to carry out the nteh
tiop or will expressed by the majority vote. The techn
caltes or particular words aud provisions are not
otherwise enacted than and instrumentaties
TO the main intent To allow any casual but rcmediable
irregarity OF t tccnicaltics to override the tunda
mental intent could rot but imply, on its very face an
egality or abuse. The malfoasance in office popularity
attributed 10 the Governor Of oregon really Is twOold
not simply that he has given certificate to one whom
the majority did elect, but to whose election
their ballots actually opposed. No more conclusive
reason need be given why such abnormal action should
not and not be permitted 10 pass without corfoc
tiOn.
with equal distinctncss two other encroichments
affecting tho nations safety ana 'no P%oUi%s % rs anne
act, are, first, an exercise OF power moi au and
by a% rSa,.idd even or not obnss Ssa,' OF bower Sa
thurzed for another and on opposite intent For tne
astonls9ent mmn appIgnomon o re antTorit 70 nj
vacancy in the Board OF Electors there are pOitca
vital 10 our Republic Moreover, such unparalleled
act II not relukud and rectIed would be frauSht WIN
the greater lIbo danger that 1t had been cOnshiatSu
by tne misuse of ma gsirates authority to issue oerti
Gates TO duly-quacd electors For II ought not 10 Oe
overlooked That any usnrpaOn becomes immensely
the more momentoris by lis having been shaped and
corsumnated unier aud by the forms OF Legal
or constitutional authority. In such case the act
having "A semDlanco OF authority. can De re-
feired 10 In any coming election as q precedent
that shall maize any Governor OF State or any Judge ol
a state supreme Court an arbter. in esscntln re-
spec of the nations destiny. Ii these things arc So
and the facts such now generally acc[tullcu,
what but their own lmulIence the sOliciude
with which legislators Ougnt 10 search aiter ad os
tabljsh remedy safeguard, not only IN the present
but ali future, against usurpatlon felalNe
not TO the electoral system alouc but as wen 10 te ma
Iona ballot ITSELF ana to any aud Uyery other matter
affecting the vitality aud integrity OF Onr Consttutoni
And it is pertinent here inquire whether IN any organ
lied or constitutional government In the WOrd-the
United States excepcd-the criminal code Woull ailo%
an unauthorized and dangerous exercise OF haliohai
powers without consequent exposure 10 hgh pch1tcs'
In ad i.tiOn 10 the inevitable pubic Disgrace -
Nelc-iIaven, Conn, Dec. o, 1876. FREEMAN