The New York herald., 1876-12-08
FL0RIDA'S RETURNING BOARD.
Democrats Anxiousy Await the Congress
siona Investigation.
GROSS FRAUD CHARGED.
text Of Attorney General Cookies Protest Against
the Action OF the Board.
OREGON'S ELECTORAL VOTE.


THE ELECTORAL CERTIFICATE TO cnosIN.
LEY TELEGRAPH TO THE HERALD
SALEM, oregon Dec. I, 1876
TO TIE EDITOR OF THE HERALD
At your request give you some OF the grounds OF
my action in granting certificates TO electors in
Oregon.
The laws OF Oregon require the Governor TO
grant certificates TO electors duly elected. In
taking his oath OF onlce the Governor is sworn
30 support the constitution OF the United States
and OF this State In the election OF President
and Vice President the constitution OF the United
States is the paramount law. That instrument de-
clares that person holding Office OF trust or
profit under the United States shall be appointed an
elector John W. Watts, one OF the electors voted
for in Oregon, on the 7th day OF
November holding onlce OF profit and
trust under the United Staes--to wit,
Postmaster, at Fayette, the county seat OF YAM
hill county, and he'd held that Office for more than
three years. Many more than the number OF votes
constituting his majority had actually passed in anu
out OF his Office cd oflclal business. His Official
character was generally known. and was mdntoned
during the political discussions OF the can
vass The law was known and the fact
was known rendering him disqualified to
be an elccor. A protest was filed III
the Executive ONCE, by prominent citizens OBJ
jectng to the issuance OF certificate to Watts, as
person disqualified, accompanied by proof OF his
disqualification, and demanding that the same issue
10 the eligible person having the next highest num-
ber OF votes. A reply flied, obecting TO any
on the count, and making no denial or
The disqualiiying facts. 1t was ruled in the case
hat where the objection to applicants right to
receive certificate rests upon the ground that
constitutional prohibition is interposed the Gov
ernor, acting under oath to support the constiu-
ton, is bound to entertain ana determine the
question; not only that, but is to determine in
such way to the constitutional
mandate TO the extent OF his executive
power 1t was also held that the law and the fact
being wen known, the votes cast for the ineligible
candidate cannot be counted for any purpose, and
bcr of votes duly elected. This ruling was based
upon standard authorities, such as Cushing and
Grant; the decisions OF many courts, like the SUI
preme 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 Parliamentary and judi
cial.
The law OF oregon providing for filing vacancies
in the Electoral Colleges recognizes vacancy only
in cases where there has been an incumbent ana
such incumbent has died, refused to act
neglected to attend or is otherwise ab-
sent. In this case there was no incumbent, unless
the next high candidate should take the position,
and there was no vacancy which could be filed by
the other members of the Electoral College. The
next highest candidate eligible under the constitu-
ton OF the United States was therefore, certified to
be duly elected.
L. r. GROVER, Governor OF oregon.
REPUBLICANS pESoUNcE GOVERNOR Growers
ACTION.
SAN FRANCISCO Dec Z, 1876.
A Salem (orcgon) despatch says:-The republicans
held meeting hero last night TO consider tho action
OF Governor Grover. Resolutions passed do
nouncing him, and calling upon the United States
Senate TO prevent him IRON taking his scat the
ground that be has wlfuliy violated his OATH Promi
nent republicans advise calm expression OF public
opinon. and II now thought that no outbreak will
Later advces from Oregon thnt odcll has been
chosen messenger by the republican electors. Croniu
will act ior the democrats IL is sai Governor Growers
house Is under guard.
The latest advices from salcm Oregon say that all
the republican and democratic electors assembled IN
OF the senate Chamber. The Secretary OF State
passed an envelope through the door TO Cronin, who
read It certificate Of the vote gwen to odell, Cart
wright and himself He then put 1t in his pocket re-
fusIng TO show 1t to the republicans.
odeil, Cartwright and Cronin seated themselves At
table and organized by electing Mr. odcl cha rman.
Watts offered to leave the ROOM but the other DEM
ocratic electors, klpc and Laswei refused TO leavc
be remained. at the rsouest OF odell and Cartwright
Watts then ten 1ercd his resignation as elector odel
and Cartwright sevcray demanded the crthcates of
Crouin, who repeatedly refused TO surrender them.
After time Cronin asked Odeli and Cartwright "
they refused with him. They replied Mo- very
enphatcally but they demanded that his authority 10
act should be shown to them.
Cronin then left the table and after calling In Miller
and Parker organized his electoral college, as before
reported.
operate with Cronin.
The secretary of state claims to have simply acted
under Governor Growers ortcrs
The latter burned In cfngy At Jefferson last
night
ENGLISH PRECEDENT APPLICABLE TO THE CASE
To THE EDITOR op THK HERALD
see by the HERALD that Mr. William Beach Law
renee supports the adopted by the Governor Of
Oregon In issuing certificate 10 Cronn, the highest
rdcn ciccior IN place OF Watts the republican post
MASTER on the ground that Il Is In accordance with
English law and precedent.
Mr. Lawrence is wrong At the general election
held IN England in 1865, Mr. Forsyth, the present
member for Maryicbonc, was elected member for Cam
bridge. Hts election was pctitioncd against on the
ground that he ineligible In consequence OF holding
office OF trust and profit under the hc bcins II
The time Of his election counsel TO the INDIA Board
Ais seat was also claimed Dy the candidate receiving