The New York herald., 1876-11-29
Tn. orego. Presidential Electors.

The Oregon Presidential Electors.
We have received the following commune
cation from one of the most eminent jurists
of the United States. AS we are always will
ing that our readers may see the strongest
arguments that can bA made against any po-
sition taken by the HERALD on important
public questions we give prominent place
to the letter of Mr.. Lawrence =
To THE EDITOR OF THE HxRALp:-
DO you do justice the Governor OF Oregon and 10
the democratic party IN your article 10 ms
would first call your attention to the TACT that the
President Tar from beng chosen by popular vo'e,
the operation OF tho electoral system has been such
that several the successful candidate has been
in minority In Nj. Lincoln's case while ne n.d up
ali o,her % rsna,aa,ss Nd IN Inc popular
vote million less than the aggregate vote
Of his opponents and now Mr.. Tiiden Is
hail a million conisssediy beyond Mr.. hayes.
The constitution is not less explicit that all votes gwen
Tor electors who hold Offices OF profit or trust under the
United States shall be void than that Oregon, with
population scarcely enttng her TO Representative
in Congress- shall have the right OF casting three eec
toral votes PRESIDENT and II this highly favored
constituency are not competent 10 select qualined
electors assurcdy complain that nagrant
inequality should be diminished result OF their own
ignorance or II you please, ny accident II Is one oi
the results Of tho electoral machinery. which does
not profess to make the election exclusively popu-
II seems to me ipconccivablc how, In any event. ex-
cepiicn can be taken to Governor Growers course.
The law Of Oregon requires that the canvass for elcc
tors shall be made In the way is provided Tor
sbat OF members Of Congress and State officers, the
votes being counted by the Secretary OF Stae in pres
ence OF the Governor The ineiigibity OF the Post
master must have been supposed 10 have been known
10 all electors, which would meet any points raised IN
the decision Of OF the State courts but whether
known not II Is immemoria rulc OF that common
law which we have inherited from English anccs-
tors that votes cast for persons are void
Wh hfeh N
In point After his expulsion from tho House
OF Commons he was repeatedly unanimously
him. At last Mr.. Luttrcl induced to run
against him and the House admitted him, though he
no question that votes given for disqualified can
ditate were void, but It contended that expulsion
did not exclude reelection to Parliament. ] may
add hat considering what Is going on In Louisiapa and
south Caroline II seems most extraordinary that cx-
cepon should be taken to the democrats II they avail
themselves OF all constitutional means meet the
frauds. As to the Governor, he performed simple
duty, as understand IT, and as believe II IS under
stood by most constitutional lawyers.
WILLIAM BEACH LAWRENCE.
Great as is our respect for the legal attain
ments Of our distinguished correspondent
we must be pardoned for saying that in
this instance he has given expression to
hasty opinion formed without due investi-
cation. It by no means follows as Mr.
Lawrence seems to think, that when an
ineligible candidate has received majority
of votes his competitor is elected. The
Court of Appeals of the State of
New York has had occasion to
adjudge o case of this kind, and
it's judgment does not sustain the view
Of Mr.. Lawrence. Our Court of Appeals
decided that the ineligible candidate who
received majority of votes was not elected,
but that it did not thence follow that the
candidate receiving the next highest num-
Der had title to the Office. The decision
was that there was no election at all, and
that the Office still remained to be filed The
Court Of Appeals made distinction between
blank votes and votes for an ineligible can
didate. Blank votes imply that those who
cast them are willing to waive their right of
choice. They are of no more account than
if the voters had stayed at home. But
votes for an ineligible candidate are pre-
sumably cast in ignorance of the fact of in
eligibility, and instead of implying indiffer-
ence indicate q choice. They show
that those who cast them prefer
different candidate from tho one
who stands next on the list. The
Court decided that the intention of the
voters is SO far to be respected as to prevent
the election of candidate whom the voters
clearly did not want. The Office, therefore,
remains to be filed either by new election
or by the appointing power authorized to
fill vacancies.
Applying the principle thus established
by the New York Court of Appeals to the
Oregon case it follows that only two Presi-
Dental electors were chosen in Oregon,
and that there is vacancy to
be filled according to law. BY
statute Of that State (if we are not mis-
taken as to the Oregon law) the other cleo
tors are entitled to fill this vacancy when
they assemble as an Electoral College, and
they will, of course, fill it with republican
This accords not merely with strict law, but
also with fairness and equity, for there can
be no doubt that the citizens of Oregon in
tended to give their three electoral votes to
Hayes and Wheeler.
The Weather.
True to the HERALDs prediction Of several
days ago the areas of low barometer that