Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-21

| Wheeler, in the following manner: He be-
| lieves that Louisiana and Florida gave ma-
| iority for Tlden, but that the vote of each
viii be counted for Hayes, and, as result,
! the votes Of these States VIII be thrown out
| by congress when it shall meet 10 count the
| electoral vote. This viii throw the election
| of President into the house, and Vice Presi-
dent into the senate. The former would un-
| doubtedly elect Tilden; the latter Wheeler.
| SoJudge Black figures it out
| TiIden Stock Still Rising.
Special to the Cincinnati Enquirer, November 18th
spent half day and last evening in pub
lie places sounding public opinion. The bust
| ness depression has affected Republicans
| more than Democrats. With the RepubE-
cans party feeling is well nigh extinct These
| are generally business Or professional people,
| upon whose affairs q crisis or suspense oper-
ates disastrously. They are already disguSted
\ and satiate with a quarrel over the office,
and most of them regret that Tilden was not
! at once elected and inaugurated. The pub
! Usher of the Graphic, who has supported
| Hayes, says he would rather see Tilden Pres
| ident than any 4nore fuss and suspense. The
air seems to hold the whisper that Tilden
GEORGE ALFRED TOWNSEND.
| Blaine sensitive as to the VIce-PresI-
dency.
New York, November Ex-senator Blaine,
! in conversation with some reporters said there
was no foundation for the Washington rumOr
connecting his name with the presidency OF
the senate The traditions of senate parlia-
mentary usage and his own personal wishes
| would be equally against such step. twas
a case in which he could not if he would, and
he most assuredly would not if ne could. Mr..
Blaine seemed a little sensitive lest any one
should imagine that he could, for moment,
entertain the purpose imputed to him.
Legal Points.
Washington Star, November 18th.
The talk about the returning boards of the
several southern States recalls the fact that
their legality or cOnstitutionality was brought
into question in the Forty-sccond congress IN
the contested election of Giddings against
Clark, of Texas. At that time it wa 5 pro-
vided with returning board, which, had
thrown out several counties and declared
Clark, Republican, elected. Giddings, Demo
crat, contested the seat of Clark, and. EN-
plOyed as his counsel Judge George w. Pas
chall, of Washington City. Judge PaSchill,
in his argument before the committee on
elections, took the position that the returning
board Of Texas was unconstitutional In so far
as its action in throwing out votes cast for
members of congress was concerned, because
the qualifications, election returns, ETC., of
its own members, and has right to go back
Of the returning board and ascertain for it
self how many votes were actually cast. The
house which at that time was largely Re-
publican, seemed to concur in this view; and
unseating Clark, Republican, installed Gid
dings, Democrat. 1t is believed by many
that while this argument might hold good in
the case Of member of congress, it would
not be applicable in case of Presidential cleo
tors, since the power of electing them Is
vested wholly in the States themselves, and
the constitution gives congress no revisOry
power.
IneIiGibiIity Of Electors.
The Encouragement to-day presented the
President his report upon the effect of the in
eligibility of Presidential electors. When the
vote of the electoral college is to be counted
he Is satisfied by the numerous precedents In
this country that it will not impair the COM
pleteness of the vote. He cites a case reported
upon by Mr.. Dawes, while chairman of the
house committee on elections, in which he
shows that the British law, on which the
known meligibility of an elector gives the
election to the person receiving the next high
est number Of votes, has never been adopted
in this country and is entirely inapphcable TO
our system of government; that the funda-
rule; and that an election is the deliberate
choice of a. majority OF plurality of the elect
ors, and any doctrine which opens the way
for minority rule is anti-repubican; that
the English rule, if adhered to, would bring
about such results and be entirely antagonis-
tic to our institutions The senate of the
United States held on this question, III the
case of John G.. Abbott, of North Carolina,
that, Notwithstanding the claim of Mr.. Alb
bott, that he was the only eligible candidate
voted for, claiming the seat upon that ground,
notice of the inehgibiEty of the candidate at
the time they cast their votes for him makes
no difference. Another case bearing upon the
question was that of John Randolph, otROan-
oke, who, when first elected to a seat in the
/ house of representatives, had not attained the
age required by the constitution. When he
made his appearance i'll the house he was in
/ terrogated upon the subject of his age by
! Clay. Randolph simply took his seat. 1t
was maintained that if he resigned or died,
! legal vacancy would have been created and
new election would have been required. The
| attorney general has been advised from YER
mont that a law will be passed by the legis-
lature now in session to cover the case of the
! Vermont elector. The attention Of the au-
! thorities has been called to the fact that
while the Democrats in Oregon and Wiscon-
! sin wish the courts to interfere in order to
establish the British doctrine, they do not
wish to interfere in Louisiana or where par
ishes are to be thrown out, knowing that the
courts there will sustain the returning boards
under the law, and, in the opinion of the de-
partment of justice, by the constitution, 1t
may be stated that the Oregon court consists
I of two Democrats, one Republican and one
/ Independent. The attorney general, in his
report, shows the vacancy created by the
election of an ineligible elector can be filed
! by the State laws.
COnkIing's Views.
New York World, 18th.l
Senator Conkling, whom | met yesterday
! on the train from New York to Utica, is fast
regaining his vigorous health. He is far from
/ disposed to talk politics for publication, and
upon the subject of a proposed change in the
method of electing President Of the United
/ States he was decidedly reticent The matter,
he very properly said, might require his voice
/ in the senate, and he was not prepared, just
now, to deal with il as an abstract question.
Upon one point he made this suggestion:
/ at Is an error" he said in effect, ''tO ascrbe
whatever faults or evils may exist in the pro-
cess of returning electoral votes from the
several States, simply and solely to the pres
ent electoral system. Under any other sys-
I Il