Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-01-04
Cronin and the Constitution.

Governor Grover, in concluding hi
elaborate defense says: II conclude
that Watts should not receive certifi
cate of election, because the Constitu
ton OF the United States declares he
shall not be appointed"
Senator Bugy asks, "How could it be
said that Watts was elected when the
Constitution said he could not he elect
Ell ?o The Governor and the Senator
NAV be honest i'm their opinions, but 4
they are they do not understand tht
Consultation of the United States.
/. The Constitution does not say thai
q person holding an Office OF trust ol
profit uader the United States shall
not be ELECTED an elector.
2. The Constitution does not say ina
a person holding an office OF trust ol
profit under the United States, who
was elected by the people Of State, al
the time determined by the Congress
IL he first resign his Office, shall No.
then be appointed an electUr.
The Constitution says, Art. z, sec.
"E. ch State shall appoint, in such man
ner rs the Legislature thereof may al
rect, . number Of electors, equal " ths
whole number of Senators anu Hepre
sentatives To which the State may OF
entitled in Congress; but no Senator ol
Representative, or person hoiding al
Office of trust or profit under the Oniteo
States, shall be appointed an eleetor
The Congress may determine the tilnt
of choosing the electors, and the day
on which they shall give their votts'
which day shall be the same through
out the United States" The l4egisla'
ture may direct the manner of appoint
ing the electors, but the Congress deter
mines the time of choosing them. Ac
cording to Webster, the words choose
and elect, are Synonymous. But the
word appoint, means to nominate, u
name and commission to an office.
And such is its meaning in the Consti.
tuition, Art. Z. sec. 2, 1.-The President
sbuII nominate, and by and with tht
advice and consent of the Senate he
shall appoint --, hut the Con-
gress may by law vest the appointment
of such inferior officers, as they think
proper, in the President alone, in the
courts OF law, or in the heads OF depart
Inents."
No matter where the appointing
power Is vested, II person must be elect
s.i before he can be commissioned.
And person may be eligible 10 b.
elected, and at the same time ineligible
10 he ptointed. Art. 4. Sec 8. mo
Senator or Representative shall, during
the time for which he was elected, be
nppointed to any civil office under the
nuthority OF the United States, which
shall have been created, or the emUlu
ments whereo' shall havebeen increas
ed during such time" But member
of the Cong ress may be eit cied 10 suc1
.scivil Office" hile he is ineligible for
sppointmert thereto, ard at the end o.
his time he may be com missioned.
"And no person holding any Office un-
der the United Statt S, shall be mem
her of either house during his cuntinu-
ence In Office" And, conversely, no
member OF either house during his con
tjnusnce in office shall hold any Office
under the United States. But such
persons may be elected during theii
in Office, and II they resign
they may be appointed.
II il unconstitutional for the people
tn elect foreign born citizen for Presi-
dent of the United States, lor The plain
reason that by the Constitution such
citizen is ineligible To that oifice. II
cannot be constitutional to elect per
SON for the purpose Of violating the
Constitution. But tbs re Is nothing III
the Constitution which forbids the peo-
ole of State to elect person holding
I'M office of trust or profit under the
United States TOR an elector, and II ne
resign his office he is then eligible Tor
appointment.
Watts was one OF the thres persons
who received the highest number ol
votes: after his election ne resigned
nd was then AS eligible for appoint.
ment as the other two. Anu ne snouIu
have received d certincate .: eleearon' nsaaon
,eeauss 1t is his by the law OF oregon:
, "a Cronin has no more right TO il
nan the man 10 the noon'