The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-12-11

New YORK, Dec. 8.-The following
dispatch to The New York Herald ex-
plains itself:
SALEM. Oregon, Dec Z, 1876,
To the Editor of The Herald.
At your request [ give you some of the
grounds of my action in granting certifi-
Gates to electors in Oregon. The laws of
Oregon require the governor to grant cer-
tifcates to electors duly elected. In tax
ing his oath of Office the governor is sworn
to support the constitution of the United
States and of this state. In the election
OF president and vice president the consti-
tuition of the United States is the para
mount law. That instrument declares
that no person holding an Office of
TRUST OR PROFIT
under the United States shall be appoint
ed an elector John W Watts, one of the
persons voted for in Oregon. was, on the
7th day of November, holding an Office
of profit and trust under the United
States, to-wit: Postmaster of Fayette,
county seat of Yamhell county, and had
so held that Office for more than three
years. Many more than the number of
voters constituting his majority had act
ually passed in and out of his Office on
official business. His Official character
was generally known and was mentioned
during the political discussion of the can.
yass. The law vas known and
THE FACT WAS KNOWN
rendering him disqualified to be an elec-
tor. A protest was filed in the executive
othce by prominent citizens objecting to
the Issuance of a certificate to Watts as q
person disqualified, accompanied by proof
OF his disqualification. and demanded that
the same issue to the eligible person hav.
ing the next highest number of votes.
reply was filed objecting to anything bu
the count of the vote aud certificate on
the count, aud making no denial of tbt
disqualifying facts. 1t was ruled in tk,
case that where the objection to the ap
plicant's right to receive the certi6cat,
rests upon the ground that constitutions
prohibition is interposed, the governor
acting
UNDER HIS OATH
to support the constitution, is bound t
entertain and determine the question; nc
only that, but is to determine in such
way as to enforce the constitutional mar
date to the extent of his executive power
It was also held that the law and fac
being we'll known, the votes cast for tn
ineligible candidate cannot be counted fc
any purpose, and the eligible candidat
having the next highest number of vote
! was duly elected. This ruling was base
upon standard authorities. such as Cushiu
and Grant, decisions of many courts lik
the supreme court aud court of appeals {
New York, later uniform practice iu th
United States house of representatives, an
the great weights of English authoritie:
both
/ PARLIAMENTARY AND JUDICIAL.
The law of Oregon providing for the 6llir
of vacancies in the electoral college reeo
, nizes vacancy only in cases where the
has been an incumbent aud such incumbe
: has died, refused to act, neglected to a
tend, OF is otherwise absent. Iu th
Office there was no incumbent unless Il
next high candidate should take the po'
ton and there was no vacancy which could
filed by other members of the eiector
e college. The next highest candidate e
$ gible under the constitution of the Unit
D States was thereupon certified TO be du
elected. l.. l.. GROVER.
e Governor of Oregon.