The New York herald., 1876-12-09
Plain Facts In the Oregon Case.

Plain Facts In the Oregon Case.
The Oregon situation adds a new compli-
cation to the election trouble, and one
which, under different circumstances, would
be much deplored. If Governor Hayes had
received one hundred and eighty-fve clear
and undispnted electoral votes the action
of the Canvassing Board and Governor in
that State would scarcely find an apologist.
If the reversal of the will of small major
ity of the Oregon people were not set off by
the supposed reversal Of tho will of small
majority of tho people of South Carolina
and Florida, and of a very largo majority Of
the people of Louisiana, Governor Grover,
his Secretary of State and the democratic
elector, Mr.. Cronin, would be denounced as
warmly by all honest citizens as they
are now denounced by republican partisans.
But, after NIL, tho questions raised by the
action of the Oregon authorities must be
settled by the test of the law and the
facts in the case. The republicans
have insisted that the State canvassers
and returning boards, whether their
functions are judicial or ministerial only,
must be the judges Of what are and what are
not legal votes. President Grant in his let
ter to General Sherman ordering the United
States Army to superintend, as it were, the
canvass of tho returns in tho Southern
States, spoke of the duty of seeing that all
the votes actually cast" were honestly
counted, and the republicans rs well as the
democrats have conceded that the phrase
''the votes actually cast bears only one
meaning, to wit, the votes illegally" cast.
The Governor and Canvassing Board of
Oregon have pronounced the votes cast for
the federal Postmaster not illegally" cast,
and have given the certificate of election as
q Presidential elcctor to Mr.. Cronin, the
next highest on the list. 1t is complained
by the republicans that this decision is
wrong, because it elects minority candi-
date, and that, even if Mr.. Watts, the
Postmaster, was not elected, Mr.. Cronin,
who had not majority of the
votes, could not claim to be elected. But
it must be remembered that not one of
the eight Louisiana electors received ma
jority Of the votes cast, and it is only by
throwing out the votes adjudged by the State
canvassers alone to have been illegally cast
that they can be declared elected. 1t matters
not what made the illegality the decisions
in Oregon and Louisiana seem to be parallel
cases, and are made by the same State au-
thority.
1t is urged, in addition, that of the three
electors declared elected in Oregon, two of
whom were republican and one democratic,
the two being majority had a clear right
to fill vacancy, while the one democrat,
being minority, had no such right The
two republicans who were declared elected
did actually meet, fill up their number on
the presumption that there was vacancy,
and cast three votes for Hayes. 1t is
claimed that as these two were actually de-
clared elected by the Governors certificate,
their action was legal, and, MS they were
majority of the college, this position must
be conceded, provided vacancy existed.
The only doubtful point is whether they
could override the Governors certificate and
declare that vacancy existed when Mr..
Cronin, their associate, who bore that GER
tifcate, had not resigned, but was prepared
to act with them Could they, in fact, ig-
more the Governors certificate as far as it
related to Mr.. Cronin and thus make va
cancy to fill? AS to Mr. Cronin, if the de-
cision of the Secretary of State, acting as
State board Of canvassers, and Of the Gov
ernor really made him legal elector which
is very doubtful, it is difficult to understand
how he could, as a minority of the college.
declare that two vacancies existed, and pro-
ceed to fill them. Indeed, the case is full of
doubtful points, which can only be settled
by review by Congress of the action of the
Oregon Canvassing Board and Governor.
But if Congress can 60 behind the electoral
returns authenticated by the Governors
certificate in the case of Oregon can it not
do SO in the case of every other State in the
Union?