The daily gazette., 1876-12-09
The Oregon Muddle.

GOV VERNON Growers ENPLANATIoN-
HE DID HIS WHOLE DUTY UNDER HIS
OATH OF OFFICE.
A despatch from Governor Groves. oi
Oregon, to the New York Herdtd. is rs
follows
AT your request give some of the
grounds of my action in granting certiti-
| Gates to electors in Oregon.
The laws of Oregon frequire the Gov
! ernor to grant certificates to electors duly
elected. In taking his oath of Office the
Governor is sworn to support the Consti-
tuition 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 an Office oftrust of profit under
| the United States shall be appoin-
ted an elector. John w. Watts, one OF
the electors voted for in Oregon, was on
the 7th day of November holding an Of
flee of profit and trust under the United
States to wit, Postmaster al Fayette, the
county seat of Ramhill county, and had
so held that office for more than three
years. Many more than the number OF
votes constituting his majority had actually
passed in and out his office on official
| business. His official character was gene
rally known, and was mentioned during
the political discussions of the canvass.
The law was known and the fact was
known rendering him disqualified 20 be
an elector. A protest was filled in the
Executive office, by prominent citizens,
objecting to the issuance of a certificate to
Watts, as person disqualified, accompa-
MED by proof of this disqualification. and
demanding that the same issue TO the
eligible person having the next highest
number of votes. A reply was filled, OBJ
jectng to anything but count of the
votes, and certificate on the count, and
making no denial of the disqualifying
facts. 1t was ruled, in the case, that
where the objection to an applicant right
to receive certificate rests upon the
ground that a constitutional prohibition
IS intcrposed, the Governor, acting under
oath to support the Constitution, is bound
to entertain and determine the question:
not only that, but is to determine in such
way as to enforce the constitutional
mandate to the extent of his executive
power. II was also held that the law and
the fact. being well known, the votes cast
for the ineligible candidate cannot be
counted for any purpose, and the eligible
candidate having the next highest mum
Der of votes was duly elected. This rul-
ing 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 practice in the United
States House Of Representatives, and
the great weight Of English authorities,
both Parliamentary and judicial.
The law of Oregon providing for fill
ing vacancies in the Electoral Colleges
recognizes vacancy only in cases where
there has been an incumbent and such in
cumbent has died, refused to act. neglec-
ted to attend, or is otherwise absent.
In this case there was no incumbent, un.
less the next highest candidate should
| take,thc position,an there was no.yacancv
which could he filled by the other mem
bers of the Electoral College The next
highest candidate eligible under the
Constitution Of the United States was.
therefore. certified to be duly elected.
]" +. GROVER.