The daily gazette., 1876-12-11
Office Holders Cannot be Ap-
pointed.

The love which tue Radicals have ac-
quired for office has worked injury to the
Republican party. The disposition to
secure Office in the future no doubt led so
many of the Republican office-holders to
run for Presidential Electors. They
thought that if they voted for the Prcsi-
dent as an clector they would make a
sure thing of it. Just how manv OF
these electors were on the Republican
tickets in the States which voted for
Hayes and Wheeler is not now known.
But there are several, and more may vet
be developed before February. SO far it
appears, there was one in Vermont, one
in Oregon, one in Michigan, two in Loui-
siana, one in Florida, one in Wisconsin.
and one in Pennsylvania. 1t is doubtful
whether any of these persons who held
office under the government have cast a
single legal vote in the Electoral col
legc.
In speech on Thursday in the Senate,
Mr. Thurman quoted the following:
Cushings Law and Practice of Icgis-
lative Assemblies, says:
10 Ifan election is mad" of "A rrrsnn
who is ineligible" that is. incapable OF ib,in.,
81 ctei the election of such person is abso
lntely void, even though n is voted for at
tn" same time with others who are pIipibln
and who ar accordingly elected (Sc,. Mall.
on Elections, 1876 . and this is equally trllr
whether the disability is known to thr clec-
tors or not whether a majority of all the
vet : ar Il plurality only is necessary ia th.
election; tri Whcth r the votes are given
orally or by ballot.
H., In thir ircpnntry it iSc4ually tr,l. ma,
TIA" - 'cflpu of a diSullalltie H. tr>lu iS;ihsu-
ldt ~ Noid and in those States whVr. II
plurality elects and whtre tho votes arr.
slNahprtllS. aS in England votes given for
u ctndl'itt' after notice OF his diSquallica-
ton are thrown away. aud the cnndidato
having the next highest number OF votes is
el lncted.
49, In rcirrrnc to elections hy ballot in
which secrecy is the distinguishing feature,
and in which. consequently neither the rr
turning Officers nor the electors themselves
are supposed 10 know for whom the votes
are given until the result is declared, it
seems not unreasonable to consider the
votes for inclibiblc candidates to be- thrown
away IN all cases, and the opposing candi-
date elected. where the electors know or
must he presumed know, the disability :
ual or presumed knowledge, To hold the
whole proceeding merely void
Lord Denman said:
Where an elector before voting reeeiv..
que notice that particular candidate is dis
qualified. and yet will do nothing hut t.ndar
his vote for him he must be taken yoltn-
tarlly u abstain from exercising his fran.
chlse; and therefore however strongly ho
| may m iact dissent, and in however strong
| terms he may disclose his dissent he lnust
| be taken IN law TO assent to the election nl
| the opposing and qualified candidate foI
| ne Will not take the only course by which
| II ciil d. resisted; that Is heling to the elec.
! uoh OF some oil "r person. He is present ms
| an clector; his presence counting as such "a
| make upthe requisite number of electors
| where IA certain number is necessary but
| hr attends only AS am elcctor to perform
the duty which is cast on him nv thp fran
rhlse he enjoys as clcctOr he can speak on
| ~ IN "A particular language he can do on,
ttt'iiil heis any other language mean,
!l"lHllie any pih"r act is null his duty i,
10 ASSIST III making AN election If he dis
M from ih" c'lpicc OF A who is aualitic,
ne liluSt say 50 by voting for some other al
70 NJ ma no right TO employ hi
| IIaicillSh merely IN preventing an rlGrtio,
ana 50 dctoatlug the ubicc, for which he i
empowered and hound 10 attend AMI M
IS Wis an ltst rnlr IN The law. It
/. made, and AT the lawful time Tho ,l.ct,ra
meeting Is held for that purpos,. onlv AZ
but Tor THIS rule the interest Of the pllhli
t'f'N' Hhi l''7' Oi tll't lltttllL might hGt
be defeated by the prevcrscncSs or rorr,,,
: tloh OF electors, who may scel, some nnf.,'
a1Na mag by pos po snent. II thcn Inc,
tpr VIII hut opposr' the election of a in Ii
5 3nlY legal way he throws away his vo,
| by directing il where il has no legal f,,rr
and IN 50 doing he voluntarily leaves Il,
lphp"'ei, !. .. asSents to the voices of Ii
O;hnr electors
''l That IS the language Of Lord Denms
V in that case. Again, in 1854. in II
N Queens Bench, Lord Campbell, chic
AZ justice. >ail
~ clearly was elected Counsellor in n
VI yelhbtf, lsl. just aS millcIi itS il B had n
es then stool it all. Il was. in fari. a cam
date. nut he Wa an N lerInan ;lnd thcr' .fo
so tnelielblr, ;trd that fact was kf.oyvn Ia r
as electors. Now it il is the law. hon :
l., common law and parliamentary law "a
~ 1t seems also common sense That il an Il,
tor Will Will vote Tor a man who he 10,
is ineligible 1t is a. if he did nor vote A.
or voted for "A non-eX stent person AS IL r.
na bean said, as If he gtvt. his vnt.t1 rho -,
,,+ in the moon. e was duly elected II;
III rs oaks EHLS u1d Iitqck,urn n E,j
n LdW 253) |'