The Portland daily press., 1877-02-02
INELIGIBLE ELECTORS,
Report of the Senate Committee O
FIecrinn.

Report of the Senate Committee on
Election.
WASHINGTON, Feb. 1.-Senator Mitchell,
from the Committee on Elections, made a re.
port to the Senate to-day, under the last clause
OF Mr.. Edmunds resolution instructing that
committee to inquire into the eligibility to of.
flee under the constitution of any persons al
legged to have been ineligible as Presidential
electors on the 9TH of November last, to whom
certificates of election were issued by the exec
utive authority of any state.
The report covers three cases Of alleged in.
eligible electors. the first that of BENJAMIN
Williamson of New Jersey; second, that of
of f. w. M. Halliday of Virginia. '''
In the case of the New Jersey elector. the
committee ind that Williamson was about
twenty-five years ago appointed by the
Circuit Court of the United States a u. S, Com
missioner and that he never resigned the Office.
The committee find therefore that said Will
Hanson was ineligible as an election on the 7th
of November last. Mr. Williamson resigned
and did not attend the meeting of the electoral
college and his vacancy was filled by the elect
ors present. The committee find that under the
statute OF New Jersey the electors could legal
ly fill such vacancy.
In the case of Daniel M. Frost of Missouri,
the committee find that prior to the rebellion
he was an officer in the U. S. army and had
taken the oath required; also that he had been
member of the Missouri legislature prior to
that time and as such had taken an oath
to support the constitution of the United
States; also that be was an officer in the Con-
tederate. army. The committee find that these
facts rendered him ineligible to be an elector
under the third section of the 18th amendment
to the constitution. The committee also find
that Frost received pardon from the Presi-
dent OF the United States on the 18th of Octo-
Der 1870. The committee also find as Con-
clusion OF the law that this pardon did no af-
feet or remove the disability as imposed by the
14th amendment the report holding that the
disability could only be removed by a two
thirds vote OF both houses of Congress. They
also lind as matter of fact that Frost did not
attend the meeting of the Missouri electoral
college, and that the alleged vacancy was filed
or attempted to be filled by the electors pres
ent The committee find as the conclusion of
the law that under the statute of the state of
Missouri the electors present had no power
whatever TO I'LL the vacancy occasioned by the
absence of Frost and that their action in at.
tempting to do SO was void. The committee
find that inasmuch as Frost was ineligible to
be an elector he was also ineligible 10 be ap-
pointed.
In the case of Halliday Of Virginia. the
committee ind that he was Centennial Com
missioner at the time of the election; that such
office is one of trust under the constitution and
he therefore was ineligible to be an elector.
Halliday did not attend the meeting of the
electoral college and those present filled the
vacancy, which the committee find they could
legally do.
The committee further find that should the
doctrine assumed by Gov. Grover of Oregon be
conceded, which the com mitee report as indie
feasible in either law or morals, then Mr.. Sti-
fel, Republican candidate in opposition to Mr..
Frost in Missouri, and the Republican candi-
date in opposition to Mr.. Halliday, were each
entitled to receive certificate of the Governor
and each was entitled to act as Presidential
electors.
The report does not cover the Oregon case as
an investigation of that case is under a special
resolution of the Senate. The report in that
case will be made in few days.