The New York herald., 1876-11-16

statute Is nearly as old as the constitution, substan
TALLY contcmboraneous with II, and prior TO the adop
ton OF the Twelfth amendment. II seems TO me that
II The OF Congress 10 scrutnize and pass on the
validity Of tho certificates which s clearly conferred
by this section, was intended TO be Withdrawn by
the Twelfth amendment IT would have been
no reasonable doubt Instead Of that the two
enactmenis are not only reconciable, but
substantially identical. such has been tho judg
ment of Congress, believe, ever since, and the
twenty second joint ruc, under which General Grant
was twice declared President, was a legislative con-
Wha, is tho remedy, General, for all this vexatious
Nohng but the good nature, good sense and honesty
Of the peopo but think the drec: vote Of the people
for President would 90 TAR toward eGcctng remedy
and prevention Of similar evils"
OPINIONS OF HON. SAMUEL HAND JUDGE CouN-
rRyMAN AND N c. MoAK.
ALBANY. Nov. 15 1875
Hon. Samuel Hand did not desire to say Anything in
regard to tho Presidential implication but being
questioned to the power OF Congress to throw out
the electoral OF any of tho Southern States
marked that there joint rulo which In force
some years ago. but he believed 1t had been abolished
which should determine this However, tho
common usage for the House and the Senate TO
meet jointly, and In that case ho believed that
either party had the power TO receive or
throw out the vote OF any state where
Representatives being democratic and the Senate rcpub
can In case the House should determine ono way and
the Senate another We should have muddle, and II
would be difficult TO determine what to do in tho
JUDGE couYrRyMANs vIEws.
Judge Countryma said:-
can only give you of-hand impression. con-
iess just cause of embarrassment difficulty
in the situation Each State under the federal
tuition must determine for Itself the manner Of
stance also determinco itself by its constituted
authorities, who have been duly chosen electors.
The persons declared to be chosen meet cast their
ballots mske tho proper certificates and transmit
them 70 The President OF the national Senate. This
officer has duty perform except to open these
certificates In the presence OF both houses OF Congress
The votes must then be counted and the result
declared. Congress has no power IN the premises
except TO count the votes thus certified and trans
milted IRON the electoral colleges The person
tod 10 tho presidential Office But this formal
count Is not conclusive. The nomInay defeated can
didatc resort to the judicial tribunals and bring his
action OF quo warrdno TO try the right OF tho incum
bent TO the Office ln this action the court 60 be-
hind the certificates OF tho electors and try the rights
OF tho controversy 1t will determine the fact upon
legal evidence independent OF tbs official canvass,
which electoral ticket actually receiveda majority
particular Statc and who entitled the cleo
iora vote OF the State 1t may be necessary IN order
to present the question properly that the contestant
electors should meet at the proper timo IN tho
manner II declared elected, ballot for President
certify and transmit &c, otherwise woud,not appear
who should receive their votes. But, aside from
of United States is the nnal arbtcr this as
OF all other questions Of public and private right
which hHvo not boon specially assigrcd 10 other
forum These mere impressicns, which might hc
changed on examination and reelection.
MR. n. Z. AoAK's OPINION
Mr. N Z. Mouk sad:-
regard the welfare OF the country as above any
man or any party. hope the question as to who is
elected will be honestly and fairly settled prefer
TO assume II s TO be until evidence to tho
contrary As to the course 10 be pursued in IL Is
not and In case there should bc glsring and rampant
frat n mol or n m tal
myself to consider for, as said cannos tho
idea that there is to be II there is theory Of
government is In my Judgment practically at end.
II party in power may rauduently pcrpetuatc that
power It is practically a monarchy, the President
siectng aud seating his successor.
THE INELIGIBLE POSTMASTERS.
AN ATTEMPT TO PREVENT WATTS, THE SALEM
POSTMASTER, IN OREGON, FROM ACTING AS
AN ELRCToR.
SAN FRANCISCO, Nov. 15, 1874
A press despatch from sacm Oregon, says Il Is an
nounced by the democrats there to-day that the fol-
loving programme will DO carried out In reference 10
the OF j. W. Watts Presidential clcctor on the re-
publican ticket who was POSTMASTER at I.afayette:-
State in presence OF The Governor shall count IN.
votes and give TO the persons having the highest
Der OF votes oftincates OF election.
Tho Secretary has power except to the votes
and issue certiucatcs
II is asserted will bo served on the Secretary,
of certificate TO Watts and giving 10 the highest
eector tho democratic ticket a certificate Of
election.
OPINION or THE ATTORNEY GENERAL AS TO
The ELIGIBILITY OF THE VERMONT KLEcToR
AND THE POWER TO FILL A VACANCY.
WASHINGTON Nov 15, 1876
The eligibility Of the Vermont Postmaster who has
been elected one of tho United States electors in that
state still remains topic Of discussion hero
and variety OF opinions prevail In tho
different quarters where the subject has received
consideration. From the highest judicial and Official
positions attention is forced upon questions which sur
round the subject evinccd by the tact that lc,tcrs
havo been sent from tho department OF Justice TO
proper judicial authorities in Vermont tho principal
object OF which seems to be that every legislative or
judicial act bearing upon similar cases to that now
tho occasion OF Official consideration shall be presented
the obtunmcnt OF clear insight and construction
OF their meanings Judge Ta has been for
opinions upon tho matter as now STANDS, but not by
one whose Official position renders II proper that
opinion should be delivered, ana tho Attorney Gcnoral
has been careful to make no expression OF his views
without grave consideration and Is particular with re-
gard 10 being quoted the matter. IL rs now certain
that careful construction oi tho conversations winch
have been held with him affect the bocf that thc At
torncy General holds that where clector
inengibly elected such circumstance docs not
elect an opposing clector, and that he consid-
ers II rule that while an ineligible party rc-
n majority he Is not elected be sure but at
she same time II does not elect the other party rhc
principle is that tho majority must rule and although
majority OF the votes make an ineligible
man clcctor, thoy were nevertheless cast and
NOT SO VOID as 10 give his opponent majority Similar
cases In the elections OF different States have been
decided, aud reference has been made to
In Pennsylvania tho case OF tho Commonwealth
Clulcy, in which Judge Strong, OF the supreme
Court who then oi the Pennsylvania court, dev-
crcd the opinion that now election for sheriff would
most ss states 'e where herr there T vacancy "V ~
In the electoral ticket the other electors