New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-09
MR.. HOADLEY'S SPEECH.
BTrMPuRIEs's RESIGNATION Non VAIL

HUMPHREYS RESIGNATION MOI VALID
Mr.. Hoadley then opened the argument for
the DIRECTORS the Democratic side. He said that IL
mad been established by proof that Mr. Humphries held
the Office OF Shipping Commissioner by appointment OF
the Circuit Court Of the United States, in Florida,
and before the November election he attempted to
divest himself of this Office by forwarding paper OF
resignation and getting from judge-not from the
cOurt-what purported TO be an acceptance OF that
resignation The powers OF the sllppmg commissioner
he stated be derived from Section i1Ol of the Revised
Statutes and the resignation cannot he mace etcep 10
The same power as that making the appointment Inc
gnatOn OF Mr.. HumphIles, therefore, he afGuol'
coud Lot DO made TO the Judge VINO was AT tne le ~
Ohio. He referred IN support OF TINS point 10 the caSe ~
Badger al. The United states e& reialOne Bot,
ami claimed that the doctrine LAID u0wn III tldl
case would DC found IN tAc sccOu VOi"iE Vi .o U t
of the AttoueyG neral page Il3 lie CONSIDERED
Judge acting III ONO was not the oifcult Court
OF Florida ad the alleged res shan N7 vi ~ I ras
blT. mInissiODer Thurman inquired whether TINS was
an office resignation OF which must DC accepted N
order 10 give the resignation validity or whether the
officer could resign 81 his own motive at any une. A.
mT. H0adiey remarked th-t there was nothlng IA the
statute with reference the question OF resiGnatIOn
Humphrcs, however, having accepted tne 0ncc coula
he submitted. dvcst himself oil II ny us own act
alone, because puDc policy required that the 0ees
should not be enrrely at the Will anu pleasure OF me
the performance Of The duties OF WHICH DOnd was
required. M. Hoadley regarded the provision OF me
Constitution disquahlylng persons holding Omccs Oh
ian of the graui OF Jwtr 10 the state that grant
not being TO the people OF the state bur TO tue state isei
III It's organized aud corporate capacity ms pro
10 maintained, is III substance imperative, ana
admits OF no evasion. lie read from the
Madison papers page 343, TO establish the point nc
SO Tn safe was DISQUALIFIED from appointing dis
qualified eleclOr The dsqBa. hcIuon was therefore
tN OUid-frs upon the appointing power, and SECONDLY,
upon the candidate and the eject OF sucf dsqualuca
ton he submitted was tie acton OF the Sate
tnat regard null and void Inc question Is hot ne"
one. IN 1887 there had been I'VE posimasters ai-
pointed, attempted 10 be appended az Prtslieh,
al electors. The question had then p'eh submitted
(on resolution offered by Henry Clay to a select
COMMITTEE OF the Two houses, and the report OF
that committee made by Mr.. GrIndy, 10 the
effect That single Unauthorized could Mt vate
the Whole the Electoral College, duC Ihat
the const tutional prohibition ought 10 be carried N ITS
whole spirit into rsd execution IL order to prevent Oh
GERS OF the General Government nom bringing Olchl
power 10 influence the Presidential election Tnat the
prov sion excluded and disqualified even deputy post
masters ana that resignation OF the ONCE atcr Be
ppunrnt OF an eecor did entiUle him 10 vote as