, 1876-12-25

It is publicly stated that Judge HoAp1Er,
OF Cincinnati, wrote the legal argument upon
which GOV. GnovEn, OF Oregon, decided that
the Elcctor WATTS was not eligible. aud
therefore w,us not elected. Al Judge HoAp-
LEY is recognized by the Bar Of the country
MS d man Of ability and learning, there is m
ondoavor to bolster the Oregon trick upon
his authority. This argument in defense Of
Cnos1H'a right to serve as Elector rests upon
two fatal assumptions Of fact.
The first Of these is that the ineligibility
Of Warts was known to tho people Of Oregon
whom they voted for him. Under tho En-
glish law, there are extreme cases where tho
doctrine has been pushed to tho extent that
the candidate receiving tho loast number Of
votes may be cloosed. In tho celebrnted case
Of JoHH W11xrs, who was convicted of SOW
eral olfonses and was expelled tho British
Houso Of Commons, he became candidate,
and WINS several times elected by tho free.
men Of Aiddlese1. Tho British HOUSE of
Commons refused to admit him, and finally
formally declared him 10 DO Ineligible 10 a
seat in Parliament, but his competitor WAS
o' '&'o1 "H1'sAe'' ~ wv aoAs oie~'.o"
WILKES a8a'h fecelseo a majority OF tae
gotes; Dns tue Houso considered that
those who voted for lin knew OF his de-
clared ineligibility, mud pnrpose1y wasted
tnolf votes foF him. and therefore aam'tted
lis opponent, who was eligible. That has
been tho English law from that day. It
is not enough to elect q minority cnn-
tllato that tho ncrson receiving the minority
,,,, T., .,.1;<,;1,, :. .r...4 , n.4 ~. T..
;, 49,. '' N''a0s "tto'eA sA4"s ."10 ~
eIeip'!lty WAS 50 Hotoflous NJ 70 ra,se the
presumption that tho people preferred to
wnsto their yotes for him than tn vote for
aomo otlor ,,oruo, who nm. o1;o,h1o T., +bo
80. ,T-
n1oue'n e'ao u "oaH 4uatcaah' WIN WIZ
under conviction of Hcditiou, and who WIS
elected to tho British Parliament In 1relnpd,
tho British House of Commons refused to
admit him, because ho was legally ineligible.
That inelgibihty vas known to eyory man in
tho Kingdom; nevertheless tho minority can-
didate was not then admitted. The refusal
to admit him was formal notice Of tic nuns
ineligibility, and at tho second election S11Tou-
Ell again received d majority Of the votes,
but the minority u1nn was declared elected.
This Ia tho British law on tue subject, aud 1t
will DO scon that positive notice TO tho voter
Of tho incligibility Of the candidate must
precedo my recognition OF the doctrine that
the minority candidate can be elected. On
this point tho London Timts, referring to
this CnoN1s-WArrs caao, Gays:
It las been discovered that some Of those Elect
sa WIZ nass sesesseu sae o'snest amost Of votes
.hey r. o,rc. .hoic..: an !, Sos hc.n ,s.,tv ..,S
that those next below them must occupy thclr
places "a Electors. This is not the Electoral Inv
OF hhslauu. Io1fs oFs no! mro'en aTav aafe's
e"u,,,at< w ,n". "ts w. 9aSsnsuson ~ .s y .
cation Of man who comes ont ut the ton I'm s,oc.
tion bccon,es voa election US far ~ bis seat IL
concerned.
Now there was no notice to the voters TINT
WATTS was disqualified. Had suoh a thing
been believed or even suspected, or ha1
there boen any doubt as to hin eligibility, he
would have been Withdrawn there was not q
man In Oregon WHO would have wasted his
vote for MATTE In fact, the voters Ind nc
personnt knowledoo of WArra nj nil /. .l,ov
,,otoa for h;,,, +hot In ,,.,1,. 1,,+o H., n
~. 49,. -. s' 0ss ~ AA'1A $4,000
~ aoso4"e suat sno Feol1o VI oteBoA ~eee
| 80 devoted to WAr1H TINT rathor than VOTE
| for any other person thoY would throw nwn,
vo,a for u.vya IL In oss,,,,a ,
x,"., ,'aa'
se1'evl'ent 4Alsonoou* Ine olhco 1ol
which he Was candidate was not ono ot
| cluolument, It was q mere tochnicality: Il
was mn oftlco for tho performance of n for
n,a1,tv. It was i,n,nnterial wlotlor ,y.rrs n,
arv nt,,cr ,ra,, f,c1d n. thc votoru vo,oa n,
] E''* ~'~-s -0
A'"' "l'o "AN ,N'e ~. 't'4 t"o1
no 1horo atea1nea OF nATEa 1ue!'Blplllt1
thAu thoy did OF HAYES. Because In Ger
tatu circumstances the minority candidate i
5o,for,7 o,ootot1 n ia ctofhs1 ti,ot t1,at l., n,
$1,000, ,,n." s.s ~. '.,"s -, =" t'''
Fuie IN Hnemh"' ano nos'ee 10 tue vote
must be, not moro allegation, but must be II
some clear, and definite, and authoritatiy,
,o-,, Tn ths n,,sonca ~ s,,c1, r,,ti,a .b
,,,.,,. w.
clecHon Ut q" tncnK!p'e FetaoA oscoue
void, and the minority candidate Is ITO