The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-17
INELIGIBLE ELECTORS.
Gan their Ineiisibiiiiy he Removed after
their Election.

WASHINGTON, Nov. 1G. - Congressman
McCrsrv Of Iowa, who was Chairman Of the
Ho SO Committee on Elections 10 the Forty
third Congress, and who has had large expert
ence IN contested election cases, recently pub
lished a book on the subj ct Of the eligibility OF
cleo, ,ors. which Is just now much sought after
by supporters OF the Administrator. lhe At
tornsy General searched the volume, hoping to
nnd crumos OF comfort for his friend HAYES.
but the only consolation IL b brought
TO him has been that al American precedents
are az inst comforting upon candidate on the
minority ticket an ONCE for which the candi-
date on the M jo,ity tckat is inehe,ble. The
case OF Gen. Robert G. scheDck ana 0en Frank
Blair. however, set les the q lesiipn OF the eli.i-
Utility Of any Federal oficehOlder to serve
rs an elector, provided he re signed tho Fede-
raj ofice before he chosen an elector
Scheuck and Blair were elected to the
thirty -eigbth Congress. The FORMER resigned
tue position Of Mbjor General befor' Com
gress met, mad ,ltnoulh he continued
to we IN the army after h" was elected to Con-
gress. It was ned that until e became mem
bcr Of the House he ha1 n right o continue 10
the first Once. Gen. 49, r however continued
t. serve ia The rrmy hfter he 5 elected And
sf,er C"ngr s. lad mot. and II was decided ~
his ca g that. having continued IN position tn
oomDatibie with tue onice Of Representative
after Congress mad sscmDed, he rad elected to
retain the po iti - General m the army. II
has teen he uniform iudKment nf Con gress
that IA citlZ ousht not To forfeit aiy nghts
whatever tnat might he tuvnN IN u pup ltr
election. II ~ unoetstond, therefore, tnet the
Governors ~ ' erinOnt, khole Island, IA Oregon
will be dyised thlt all Oft the electors re eigi T..
wuo do MT huid, on the d IS Of theif ufiicial
recognitinn ~ tue Governor. an IN . OF trust
ana mont under the United Statcs. 1he dis
tnction thus mad the fght OF a citH'n 20
run Tor any uffi ;e, nd thou-h lac can nod only
one. II will be ncld tnnt ne IL eligible for ail.
On The other h nd, the soundest "uinion for
exclualus IT. N the Electoral C".lrge u w"o
held + der fices At tue time Of the election
l. dr.wn ffom old state papers. Alexander
Hamilton. In the sixtv'eighth nImbtr oi the
Ieiefalist saws " rosDect 70 tue excl sion of
feder Onicehuider- from the posi- lon Of cleo
tors Of President md Nire- Pre- ident:
ibeS have excluded fr e sio lN to all
greit .eylinn . TIE fre.id nj 10 ri-c .nd Cusn
/ i.ilo.in. terms; 10 prevent the in Office II
The II &c Of thc election from tavns an, improacr ~
GDSrlnm nt II Is proyldt1 that ~ nltmOer of on.
stsa, uor my person h1.dinS an uthe OF tusI ~
Tue intention Of the trainers OF the Constitu-
tiOn manifustY was to exclude anyuody VINO
h Id been appointed to or W ret In d ~ ON 20
~ he President from having a vlte upon he
question OF granting new term To the Pro,i.
uent VINO appointed or retaiued him. Iut II
the trinciple ne established thar perSOn who
T. Al ofcenolie when chosen ns 'lectnr may
rem ve the disqualification Imposed bv the Com
siitutiOu 10y cearing to he an "tfcehoidrr at any
time before the formal ntestdtion Of his %
nointment Is mad. the Ultin purpose Of the
Constitution IL defeated : 1 7 III hc case OF The
Nermunt ana Oregon iostma.iers (noth sup
porters Of the Admuis'ration which IL
encouTi ging tue counting IN ~ III yes and
Wneeiei the resign tiun Of these ON lrial need
not continue single dav alter tue formal
cOuu Ing OF the eloulora vote President Grant
c0GlI rel s'Ate both ~ them, or Haves, N ina
| guratod. O. uld row rd tncm with Offices OF nigh
| ar pioit and trust. The spirit II not the letter
! I the Coustiiuttun would thu o. Gle try Vlo-
ia 70 upon wnom they would have cl-ims Tor
| recognition hereafter