The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1877-01-25

Having placed "the President of the Senate" in
the position of power just assigned to him, It will
strengthen the argument, to pause and consider
all the attributes of power, which are bestowed
upon him an officer by the Constitution, and to
say that he cannot be Invested of any of them,
except by impeachment.
1st. He is the Vice President of the U. States,
elected in the same manner as the President, and
If, as Gen. jackson maintained, the President is
the direct popular Representative of all the voters
of all the States is he, "Presidentof the Sen
ate"
ID. In ''case of the removal of the President
from office, or of his DEATH" &C., &C., "the duties
of that Office shall devolve the Vice President"
Sd. He eshall be president of the Senate. /" ''but
shall have vote, unless they be sqsasly disded'
4th. In determining the choice of President,
the President of the Senate shall, in the presence
of the Senate and House of Representatives, "open
all the certificates" &C., &C.
All these four attributes of power are inherent
in the office, and are to be exercised when any oc-
casion arises, for the separate or joint employ
nent of one more of them at the same tine, Just
as Judge Waite can be Chief Justice of the u s.
and President of the Senate on the trial of the i'm
parchment of the President.
The President of the Senate, as the presiding Off
Ger over that body, branch of the Legislative
department, is not stripped of his attribute as a
presiding officer when by the additional attribute
of another power, he is made the presiding off,
of both branches of the Legislative department
for after he "as President of the Senate" shall
have "opened all the certificates he is ipso taeto
the presiding ohicer of the Joint Convention, and
the keeper of the certificates or else that august
assemblage must proceed without any such officer,
there being no power, by the Constitution, or any
acts of Congress, or warrant in parliamentary
usage, which authorizes the appointment of such
officer, and it would be "a law unto ITSELF" as
'bull-dozed," revolutionary mob, ready to burn up
the certificates, and the Capitol with them, and in
that event, as patriotic holocaust, they might
also possibly burn up themselves with the Capitol
4
All the questions which arise in the Oregon dis
pute also legal questions, to be decided under
the Constitution of the Z. S. by the supreme
judges for this occasion-the members of the Joint
| Convention.
The Constitution of the o. s., Article IL, Sec.
l., says: 'but no Senator or Representative or
person holding Office Of trust or proft under the
United States, shall be appointed an Elector.n
As understand the facts in the Oregon case,
they are as follows: On the day of the Presiden-
tial election, Mr.. Watts, one of the Republican car
didates for the Office of Elector, and for whom.
with two other Republican candidates, majority
of the people voted, was Deputy Postmaster of
the u S., but after the election and before the day
when the votes were to be counted and the ap-
pontment of the Electors was to be certified to by
the State authorities he resigned the office of Post
master. and clsimpd his risht be certified TO
and appointed as an Elector Bat the Governor.
holding that vacancy had occurred, and that he
had the right to supply the vacancy, appointed oue
Mr. Cronin in his place. Now, under this state OF
facts-sll of which are or ought to be before the
Joint Conveniion-twoq questions arise:
1st. Had vacancy occurred at the time of the
appointment of Mr.. Cronin2
I'd. If so, who, by the laws of Oregon, had the |
right to fill the vacancy-if any person or persons |
at all had such right7
The Constitution of the United States does not
say that mo person holding an Office of trust or
profit under the o. States" shall not be candidate
for the Office of Elector, but that he shall not be
appointed"
If eligible at the time when his appointment is |
to be made, the result of the popular vote in his
favor, and when he is to take the oath of Office and
exercise the duties thereof, then by relation, the
voice of the people, expressed at the election,
should be carried into effect by the appointment of
the Elector of their choice. Such status of sup-
posed ineligibility yearly in the choice of
Federal and State officers, and L venture to say,
that If the Legislative history of Congress and the
State Legislatures is searched there will beifound
numerous instances where members have been
sworn into office, who ct the time of their election
on account of age or other disability, were not
eligible. but who by the removal of such disability
before the time when they were to be sworn into
office or exercise the duties thereof were permit
ted to hold such office without any objection
whatever. For, although by the Constitution of
the T. States, the Constitutions of the States of
New York and Ohio, it is implicitly forbidden that
the Governor of either one of these States shall
o. States, yet suppose that all men, of all parties
Except Peter Cooper's and Green Clay Smith's)
will agree that the Governors of those States could
lawfully and constitutionaly be candidates for the
Office of President, or else the two great parties
have stuitifed themselves
On the day of the Presidential election, and at
the going down of the sun at O'Clock P. NJ, and |
for two months since that time, neither Governor
Tilden nor Governor Hayes has been eligible to the
Office of President, nor could either of them have
taken himself the duties of that office, because
each of them had in his pocket the great seal of
great State and until such seal were delivered up
to a successor in Office, the very genius of ell our
Constitutions, State and Federal forbids either to
clutch the Eagle seal of the L. States.
Gov. Tilden has delivered up the great seal of |
New York to his successor in office, and thereby |
has removed his disqualification, and 1 hope
shall not offend any Democratic logician by saying
that the voice Of Democracy will shout that he is
eligible and fit person for the Presidential |
chair, if declared to be elected by the proper au-
thorities, Co.. Grouer to the contrary notcitstand
ing. and the Republicans will certainly unharness
Gov. Hayes and take him out of the State carriage
if he be declared elected by the proper authorities
and have him ready 10 be harnessed up to the
Great National Chariot on the 4th of March next,
Mr.. Cronin to the contrary notwithstanding.
My good patriot what is the difference between |
Mr.. Watts ineligibility and that of your Pres-
Dental candidates?
Assuming, then, from the premises, that no va
cancy ever did occur in the Oregon Electoral Col
,ege, viii not detain to discuss the other legal
uuestions which arise II IL he determined to the