The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-11-18
what Happens when . Gandi.
date Proves Ineligible.


Cw"1A11asssa sp''A TO the n'aS'''A 'sn"'''
The Attorney General today laid be.
fore the President a statement Of preoe-
dents In the election Of electors ineligible
under the Constitution. The British law
recognizes tho principle that II an Olsctor
OF knnva ineligibiIity should receive a
majority OF the votes cast, the one 70.
ceiyiny the next highest is elected. In
tho case Of Small rs. Brown, second Bart
icI, Mr.. Dawes, Chairman OF the Com
millcs on Eleclions, construed that the
law Of the British Parliament In this
particular has never been adopted In this
country, and iS wholly inapplicable 70
The syi,em Of government under which
we live, aud tho courts take the same
view. In tho case Of the Commonwealth
Of Pennsylvania vs. Cluley, the Supreme
Court held that where, in an election Tor
sheriff, . majority Of tho votes are
cast Tor q disqualified person, the
mort In vote IL not TO DO re-
turned as elected. The Supreme Court
Of California held tho same view also. In
Wisconsin, Maine, New York and In.
diana. the doctrine OF the English auth.
critics is followed. The weight oil auth.
orIIy in the United States i decidedly
against this. The fundamental Idea with
D. is that the mAjority shall! rule, and
majority or at least plurality shall be
required TO cleo! a person to Office by a
POPULAR yo,e. An election with US Ia the
deliberate choice Of the majority or plar-
ali,y OF the electors. Any doctrine which
opens the way for the minority rule In
any case Is anti Republican and anti.
American. The English rule, Il adhered
TO, would in many cases result In COM
psliing very large majoritics TO submit to
q very small minority, as an Ineligible
person may receive, and 10 many cases
hAI received, great majority OF votes.
/. 10 considered enough In such
case 10 hold the election void.
This question was fully discussed and
settled in the Senate Of the United States,
10 the case Of Joseph G. Abbott, Of North
Carolina. The decision in that case was
against The adoption OF tho Engllsh rule
in this country, and Abbott who. not
withdrawing he received only 4 minority
Of The yotea cast, claimed a seat upon the
ground that he was the only eligible per.
son voted for, WA declared not elected
Ii vas distinctly asserted Ia the report
Of the committee that tho fact that the
voters have notice OF the ineligibility oil
4 candidate at the time they cast their
vote, for him makes no difference. The
remark OF Judge Strong in the Pennsyl,
yauia case above cited, that disqualified
person i.a person still, and every vote
thrown for him ls formal, is quoted with
appreciation. The comprehensive doc
tfias is asserted that in this country az
election by minority OF the persons Is
rot to b. tolerated under any circum'
stances.
Another case, that Of John Randolph
olRoanoke, who, when first elected 10
seat in tho House Of Representatives. hat
not attained the age required by the Con
.ti,u,ion, when no made his appearance
in the House was Intercepted about hi
age by Clay. Randolph simply answered
II refer you 10 my constituents for re
ply" He took bis seat. It's maintained
that had he resigned or died, a legal va
Oancy would have been created and new
election would have been required.
The Attorney General is advised from
Vermont that law will be passed BY thu
Legislature now in session to cover thu
sass Of the Vermont elector.
The attention OF tho authoriticg here
10 called TO the fact that while the Demo
Gratis in Oregon wish the courts to inter
fsrc, in order to establish the British
doctrine, they do not wish them 10 inter
iers in Louisiana, where parishes are &c
be thrown out, knowing that the COURT
there will sustain the Returning Board
under the law. lis the opinion at thI
Department of Justice that tho courts
have no jurisdiction in tho pscmiscs a
all, rs the question is amply provided
for by the Constitution. II may b
stated that tho Oregon court consists o.
two Democrats, enc Republican and one
Independent. The statement OF the At
torucy General is exhaustive, and fully
demonstrates that the election Of ineligi
bic cleclOrs l. equivalent 10 vacancy
which can be fIIed under the State laws
AZ consequence, all probability Of EN-
barraitmcnt from this source is at ar
end.
Dispatches received at the War De
partIneGt ard at army headquarters TO-
day show no change in the situation from
military point Of view. All.is reported
quiet General Sherman said to-day thai
bis information led him to believe that
tho Southern people who might be dis
posed to turbulent demonstrations would
be overruIcd by the more orderly ele
rnent, and that they would act only under
the direction OF their party friends at the
North. In response 10 suggestion thai
tho open irauds committed in the State
elections would seem to indicate that the
elective franchise, was degenerating, anc
thata limited monarchy such as Great
Britain might suggest itself as the only
remedy, he said that he did not think
20; that the American people could rene
dy these evils without any such step
Like all other governments, ours would
have to undergo many notifications that
our people had u destiny peculiarly their
own, and they would work 1t out to full
demonstration Of the success Of Republi'
eRn institutions, ..