The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1877-01-04

This is shown Ia ths decision in The
Prigg case, is Peters, 607. On page
626 in thst case, Chief Justice Taoey.
IN speaEi9g Of the masters right to
Teelsim aud take his slave wherever
be could fiud him, says "The right
OF the master to reclaim mis- slave be-
ing given 6y the Consultation OF the
OF the United States, neither Congress
nor any State LegiSlsrurs cSu by any
lar or regulation impair or restrict
H"
N.-FURTuER As TO ELECTION OF
ELECTORS
IreDsai, / the Federal Constitution
gives 70 eacB State Legislature the
rigI 10 prescribe the mode of ap-
pointing the f ect0rs 10 which eacn
state seveTaily - entitled /; this b-iug
done. EeifheT Congress uOT n State
Legislature can further interfere.
VI.-HOWA WE To KNOW WHO ARE
ELECTED OR APPOINTED ELECTORS
iris applies more especially to Ore
gIH. As I understand the laws Of
OFes"n they fully provide for tDe
election by rnsjOrity vote 'Phis be-
ing done according tn the law If the
State, ths right Of the E'ectOr is e0m-
plets under The Constitution % the
United states.
The law OF Congress REV. Stats,
p. p, Sec. 1867 requires che q Jvernors
or the States respectively To furnish
certidestes to the Electors, contain
ing the names OF the Electors. on or
before the first Wednesday in Dscem-
Der, when they are to meet. SuppOs-
ing the laws Of Oregon require SUB
the same thing, these laws |
are directory merely, and the giving I
or Withholding such certificates can |
neither validate nor inYalidate. The
Federal Constitution only gives the ]
right 10 each State to appoint Elee- |
tors in such manner as the State Leg
islature shall provide. The Legisla-
ture having provided for this by an
election by tl- pvOpie, and that Osing |
done and ascertained, the State has /
no further pOw yer over the subject; aud
while the Governors or Secretary OF
States certificate of election il eonve-
nient as evidences OF the election, vet
neither OF them is absolutely essen
tisl, the fact otherwise appearing or
being ascertained
A. 1
board aud had according to law can
yassed the vote cast by the voters OF
the State aud certified to the number
Df votes, the case would be entirely
iiff-rent. In this case, however, tine
sw as to the Governors certificate is
merely directory, aud when such GER
,iticste Is refused on general Drinci-
pies Of law, it cannot deprive tae
State OF its vote 10 tas r seuOral Co.,
ege nor the ElectOr Of his Offies.
FLORIDA. AND ORE
GON-CONCLUSIOS.
Tne Returning Blard of Lou s,ana
Ind Florida canvassed the votes OF
.heir respective States aud made re-
.urns thereof according to ths laws of
heir respective States, and the CIV
srnOrs issued certificates to the Ees-
,Ors accordingly. la Oregon the re-
Iuired canvass and return were made,
ghieh showed that certain Electors
Isd been elected by large majority. |
This being 50, the State has q right u
Ds represented in the Electoral CDI-
eye, and the Elector has q vested
light TO the Office, and neither the
State nor the Elector can be de-
,rived OF such right by the refusal OF
he Governor or other offirer t. fur
lish TO the E'ectOr a certificate OF
lis election. TIE provisions OF the
federal Constitution cannot De nulli-
led by any such means or evasion,
IOr the will OF the people of g State
'e thereby overturned.