The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-14
INELIGIRILITY I'M LOUISIANA.

After more than three months discussion
by the press and the people, it would eeem
as if this matter of ineligible electors would
be well nigh exhausted but new point
is raised relative to some of the Louisiana
republican electors. The objections made
by the democrats to the counting of these
votes from Louisiana reminds one of the
defense made to the celebrated kettle suit
that the kettle was cracked when it was
borrowed that it was whole when it was
returned and, finally, that the defendant
never had the kettle at all. So these dem
ocratic DIRECTORS say, that William Pitt
Kellogg was never governor, 80 that his
signature to the certificate of the Hay es
electors is of no account that he was gov
ernor when the votes for electors were can
vassed, and he appointed an elector and,
finally, that he never was appointed elector
at all.
1t is claimed that Kellogg, being COVER
nor, was under the laws of the state inei-
gible to be appointed an elector; and SIM
liar objection is made to the legality of
the appointment of three other electors
one being supervisor of registration, an
other district attorney, and the third a
state senator. The state laws, it Is said,
make these men ineligible to the appoint
ment of electors-the theory, of course, be-
ing that electors are state officers. We ap-
prehend, however, that in the decision of
the question of their eligibility, it will not
make much difference whether an elector
Is held to be a state or federal office holder.
The Office is created by the constitution of
the United States, but the officer is to be
elected in such manner as the state legis-
lature may direct, but he is elected to dis
charge duty imposed on him by the con-
stitution and laws Of the United States. 1t
is an Office somewhat similar in its origin
to that of representative IN congress. The
office OF representative, too, is created by
the constitution of the United States, but
the officer is elected at the time, place and
manner prescribed by the state legislature,
but he is elected solely to discharge the du-
ties imposed on him by the constitution
and laws of the United States.
The constitution of the United States
provides that any citizen of the United
States may be appointed an elector, except
a senator or representative, or person
" holding an office of trust or profit under
:" the United States" Has state the pow
or to prescribe other Disqualification If
it does, is congress bound to regard such
disqualifications? II state has the right
to declare who shall, or shall not, be APP
pointed electors, then these objections to
Kellogg and Others may be serious, if the
commission should conclude that the vote
of an ineligible elector-that is, vote cast
by one prohibited from voting-cannot be
counted. But we doubt very much wheth-
state has the right to add dsqualifcatons
to those prescribed by the national consti-
tuition.
The constitution provides that no person
shall ts representative In congress unless
he is twenty-five years old, citizen of the
state from which he is elected, and has
been for seven years citizen of the United
States. Judge Story says the prescribing
of these qualifications "exclude all others
Gas prerequisites :" and Chancellor Kent,
that the objection to the power of congress
to add other qualifications is "too palpable
and weighty to admit of any discussion. y
The house of representatives, as early as
100, and again in 1907. in cases arising in
Maryland, seated members who were die
qualified by the local laws Of that state. In
1856, the case again came up, in both the
house and senate, and was decided the
same way. Lyman Trumbull Was elected