Middletown transcript., 1876-12-16
THE OREGON MUDDLE.
Governor Growers Explanation-He Dt'
His Whole Duty Under His
Oath OF Once.

Oath OF once.
A despatch from Governor Grover, Of
Oregon, to the New York Herald, is as
follows:-
"At your request give some Of the
grounds of my action in granting GER
ti6cates to electors in Oregon.
1.-The laws of Oregon require the
Governor to grant certificates to electors
duly elected. In taking 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 Con-
stitution Of the United States is the par
amount law. That instrument declares
that no person holding an Office of trust
or profit under the United States shall
be appointed an elsctor. John w Watts,
one Of the electors voted for in Oregon,
was on the 7th day of November hold
ing an office Of profit and trust under
the United States to wit. Postmaster at
Fayette, the county seat Of Ramhill
county. and had so held that Office for
more than three years. Many more
than the number of voters constituting
his majority had actually passed in and
out of bis Office on official business. His
official character was generally known,
and was mentioned during the political
discussions Of the canvass. The law
was known and the fact was known rem
dering him disqualified to be an elector.
A protest was fled iu the Executive
Office. by prominent citizens. objecting
to the issuance Of certificate to Watts,
as person disqualified. accompanied by
proof Of this disqualification. and de-
manding that the same issue to the elig-
ible person having the next highest num-
Der OF votes. A reply was filed. object
ing to anything but count Of the votes.
and certificate On the count. and making
no denial Of the disqualifying facts. 1t
was ruled, in the case, that where the
objection to an applicants right to re-
ceive a certificate rests upon the ground
that constitutional prohibition is inter-
posed, the Governor, acting under oath
to support the Constitution. is bound to
entertain and determine the question /;
not only that, but is to determine in
such way as to enforce the constitu-
tional mandate to the extent Of his ex-
ecutive power It was also held that
the law and the fact, being we'll known,
the votes cast for the ineligible candidate
cannot be counted for any purpose. and
the eligible candidate having the next
highest number of votes was duly elect
ed The ruling was based upon stand
ard authorities, such as Cushing and
Grant; the decisions Of many courts.
like the Supreme Court and the Court Of
Appeals of New York; the later uniform
practice in the United States House Of
Representatives, and the great weight
Of English authorities, both Parliament
ary and judicial.
1.-The law Of Oregon providing for FILL
ing vacancies in the Electoral Colleges
recognizes vacancy only in cases where
there has been an incumbent and such
incumbent has died. refused to act, neg
lected to attend. or is other wise absent.
10 this case there was 20 incumbent,
unless the next highest candidate should
take the position. and there was no IVA
cancy which could be filled by the other
members of the Electoral College The
next highest candidate eligible under the
Constitution Of the United States was.
therefore. certified to be duly elected.
L. F GROVER,
Governor Of Oregon"