New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-08
THE sJrRJECT OF ELIGIBILITY.

THE SUBJECT OF ELIGIBILITY.
LOUISIANA AND OREGON THE ONLY STATES TO WHICH
1T REALLY APPIIEs-PARTY oPINloN-A SIMILAR
CASE IN HENRY CLAYs TINE.
fBY TELEGRAPH TO THE TRIBUFE1
| WASHINGTON Feb. 1.-THE decision Of the Elec-
tora Commission that it has no jurisdiction to take
testimony, OF consider any evidence not submitted
70 the two houses of Congress by the President OF
| the Senate when opening the electoral votes OF
States except to inquire to the eligibility of per-
sons who were chosen to be electors, greatly smpi-
| fes the Presidential controversy. If the principle
thus laid down is sustained i'm the of Louisiana
rs il undoubtedly will be, all questions relating to
the Jurisdiction of the returning board of that State
and to any of its proceedings may be considered as
settled. The only remaining question IN con-
troversy is the effect of the appointment OF an elec
tor who is ineligible to hold the position The States
in which this question may be raised are LOUISIANA,
where two of the electors on the Republican ticket
were on the 9TH of November United States office
| holders and that of Oregon, where Watts was
chosen and the certificate was given by Gov. Grover
TO Cronin. In LouisoDa the two ineligible Repub-
lican electors resigned their Federal offices before
the day on which the Electoral College met, and
failed to appear at that meeting. The remaining
electors therefore declared that vacancies existed,
and proceeded to choose the same two persons who
originally had been placed upon the electoral ticket
to fill these vacancies After such choice they par
ticipated in the proceedings of the Electoral Col
lege All the details of the Oregon case are SO
notorious that it is unnecessary to review them here
L Two opinions are put forth in regard TO the effect
of the choice of an ineligible electOr. The COnstitr
ton provides that " No Senator OF Representative or
person holding Office Of trust or profit under the
United State shall be appointed an electOr." One
II,
signs his Federal Office before the day which the
Electoral College meets and absents himself at its
organization he thus makes himself eligible to be
chosen to fill the vacancy caused by his own abb
sence. This is the Republican view of the case, and
is based on the theory that the election Of who
ia Ineligible may DO remedied in the manner de-
scribed. The Democrats on the other hand gen.
orally hold that all votes cast for an ineligible
candidate are void and of no more effect than
so many blank votes. Since the Con-
stutional prohibition is against the appointment OF
Federal officers and not against their votes and that
no one, unless it be minority candidate can there
fore be chosen in district where majority OF the
votes are cast for Ineligible person. Following
out this theory they hold that vacancy exist
in an electoral college for any district in which no
choice has ever been made. Applying this doctrine
to the State of louisiana they argue that two of the
Republican candidates having been Ineligible no
one was elected in those districts and the Governor
was only authorized to certificates to six elect
ors instead of eight; when the Electoral College
met, therefore, six members of it being present,
there could be vacancy, because the certificates
issued to the other two, who could not be appointed
under the constitution, were invalid. The Demo-
Gratis applying this doctrine the case of Ore
gon hold that Watts not chosen, it being impos
sble under the Constitution to appoint deputy
postmaster, and that if the issuing of certificate to
Cronin was not legal. then no one was chosen in
that district, and the other two electors had right
to fill q vacancy which did not exist
This subject is by no means new one Very few
Presidential elections have occurred at which or
of the electors chosen not disqualified by
the second section Of the second article of the Con-
stitution; but in no instance before would the re-
lection of the vote of such electors have affected the
general result, and action in regard to them has
ever been taken by Congress. The subject dis
cussed at considerable length prior to the counting
of the electoral votes in 1897 In the election of
the year before six persons chosen to be Pres
dental Electors who were disqualified by the Con-
stitutiOn. When the customary committee ap-
pointed by the two houses of Congress to ascertain
and report mode of examining the votes for Presi-
dent and Vlce-residen of the United States the
sommttee also directed to inquire into the ex
pediency of ascertaining whether any votes
were given at the recent election contrary
to the prohibition contained in the second
section of the second article of the Con-
stituton, and, if any such votes were given what
ought to be done with them, and whether any and
what provision Ought to be made for securing the
faithful observance i'll future of that section Of the
Constitution" The committee on the part of the
Senate consisted Of Felix Grundy Henry Clay, and
Silas Wright. This committee reported on the 4th
of February, 1887. After promising that by CORE
spOndence between the chairman of the committee
and the heads of the different departments it had
been ascertained that several persons who were
chosen be electors held Federal Offices the report
proc eeds as follows
The committee have not ascertained whether the cleo
tors are the individuals who held or presumed
to have held offices Of deputy postmasters At the
time when the appointment OF electors made, and
this the less To be regretted s confidently believed
that no change In the result Of the election Of either the
President or VicePresdent would be effected BY the
sscertainmen OF the fact In either way, I'VE ak
votes only would In any event be absracted from the
whole number for the committee cannot adopt the
opinion entertained by that single illegal vote
would viate the whole electoral vote Of the college OF
electors In which II given, particularly In
cases where the vote Of the whole college has
See Finh Page.