Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1876-12-16
New York Herald, Nov. 20.


Mr.. William Beach Lawrence. 1t fits
the Oregon case exactly:
New York Herald, Nov. 20.
We have received the following COM
munication from one of the most emf
nent jurists of the United States. AS
we are always willing that our readers
may see the strongest arguments that
can be made against any position ta-
ken by the Herald on important public
questions, we give prominent place
to the letter of Mr.. Lawrence:
To the Editor of the Herald Do
YOU do Justice to the Governor OF Or
egou and to the Democratic party in
your article in this mornings paper IN
regard to the electoral vote in that
State?
| would fist call your attention to
the fact that the President, so far from
being chosen by popular vote, the
operation of the electoral system has
been such that in several cases the
successful candidate has been In NIL
nority. In Mr.. Lincoln's case, while
he had upward Of 200 electoral votes,
and there were only Y for all other
candidates. he had in the popular vote
a million less than the aggregate vote
of his opponents, and now Mr.. Tilden
is half million confessedly beyond
Mr.. Hayes. The Constitution is not
less explicit that all votes given for
electors who hold offices of profit or
trust under the United States shall be
void, than that Oregon, with popula-
ton scarcely emitting her to one Rep
resentatiye in Congress, shall have the
right of casting three electoral votes
for President; and if this highly Ia
vored constituency are not oompeten'
to select qualified electors, assuredly
10 one can complain that flagrant ine'
quality should be diminished as re-
suit Of their own ignorance, or, If you
please. by accident. 1t is one OF the
results of the electoral machinery
which does not profess to make the
election on exclusively popular
grounds.
1t seems to me inconceivable how
in any event, exception can be taken
to Gov. Growers course. The law o
Oregon requires that the canvass fol
Electors shall be made il, the same
way as is provided for that OF member
of Congress and State officers, th'
votes being counted by the Secretary
of State IN the presence of the GoV
ernor. The ineligibility of the Post
master must have been supposed t
have been known to all electors, which
would meet any points raised In thu
decision of some OF the State courts
but whether known or not it is an Inn
memorial rule of that common Law
which we have inherited from ou
English ancestors that votes cast TO
incompetent persons are void. Ihi
case of John Wilkes. which occurre'
in 1859, is in point After his expul
sion from the House of Commons b
was repeatedly unanimously reelected
the House refusing to receive him. A
last Mr.. Luttrel was INDUCED to Ful
against him and the House Gdmitte
him. though he had only 296 vote
against / ,143 for Wilkes. There wa
no question that votes given for dis
qualified candidate were void, but
; was eontended that expulsion did no
exclude reelection to Parliament.
may add that considering what is 90
ing on in Louisiana and South Caroll
ma it seems most extraordinary Una
execution should be taken to the Dem
= ocrats if they avail themselves OF a
!, constitutional means to meet tn
!, frauds. As to the Governor ne PEI
: formed a simple duty, as l understan !,
: it. and as believe 1t Is understood Q
uaost constitutional lawyers.
: WILLIAM BEACH LAWRENCE.