The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-13
SENTIMENT W.. THE CONSTITUTION

it @ great wrong that q legal technical
ity" should deprive the people Of Ore
gon of the vote Of Watts, the ineligible
elector. We suppose he thinks it a
great wrong also that, by the terms of
the Constitution OF the United States
and the laws of Louisiana, the ineligi-
bility of Brewster and Levisee, who re-
ceived such peculiar kind of majority
OF the votes cast on the 7th Of Novem-
Der last, should deprive the people of
this State of their proper representa-
ton In the Electoral College. But the
retort made in Washington to Justice
Bradley's sentimental utterance is the
proper one. It Is none of his business.
His duty Is to decide, according to the
law and the evidence, and not to sen
timentalize on the subject Of the wrong
done the party with which he has been
a ffiliated, through strict adherence to
the forms Of law"
This matter Of the ineligibilty of GER
tain Republican electors, and particu-
larly OF Brewster, will probably prove
the most formidable stumbling block in
the way OF the successful consumma-
ton Of the villainous conspiracy by
which 1t is sought to make and install q
President OF the United States by
fraud, and we recur to 1t again because
we know that the Electoral Commits
sion will find it utterly impossible to
count Brewster's vote w ishout violat.
ing not only the spirit, but the very let
ter Of the constitution and Of the laws
of Louisiana.
It Is, perhaps, natural enough for the
Republican party, at this stage Of the
contest, to cry out against the raising
of what they are pleased to term
illegal teehnicality" against the count
ing OF certain votes-tt teehaieality
which seems likely to prove fatal to
their rascally schemes--but they were
the first to insist upon the sanctity of
the "forms Of law" and, having made
their bed, they must be made to lie in it.
But this ineligibility question is not
mere technicality, nor Is it at all new
subject in connection with presidential
elections. At almost every previous
election one or more of the electors re-
ceiving majority of the votes were dis
qualified by the second section OF the
second article OF the constitution; but
it so happened that in no former in
stance did the matter assume any prac
teal Importance, for the rejection of
the votes Of the ineligible electors
would not have affected the general re-
suit. The subject was discussed, how
ever, at some length by the com mittee
appointed by the two Houses of Con-
gress in the winter of 1887, after the
election of Van Buren,, to ascertain and
report mode of examining the votes for
President and Vice President, which
was also directed to inquire
any electoral votes had been !
cast contrary to the prohibition contain
ed in the article of the constitution above |
referred to and. IL any such votes were
given, to report what should be done |
with them. The committee on the part |
Of the Senate consisted Of Felix Grun- |
dy, Henry Clay and Silas Wright, three
Of the most distinguished lawyers and
statesmen this country has produced. |
This committee, having ascertained
correspondence with the Post
Office Department that the names of
several of the electors appeared on the
official rolls Of Federal offlceholders
but not deeming the matter of sufficient
practical Importance to justify them in
taking evidence as to the identity of
the parties, made a report to the Senate
Of which the following Is part, to wit
The committee have not ascertained whether |
the electors are the same individuals who held |
or are presumed e. to have held the offices Of |
of electors was made, and this is the less to be
regretted as 1t Is confidently believed that no |
change in the result OF the election of either |
the President or Vice President would be- ef- |
fected by the ascertain ment OF the tact in either |
way, as five or six votes only would in auy |
the committee cannot adopt the opinion enter
tanned by some that u single Illegal vote would |
vitiate the whole electoral vote of the college of |
electors in which iG was given. particu arly in |
eases where the vote Of the whole college has |
been given Tor the same persons, The COM
mittee are of opinion that tue second section Of |
the second article Of the constitu ion which |
declares that no Senator or Representative or
person holding an office Of trust or profit under
LIle ouaetu totttteS, SudJl DC HppOln cd an
eIector," ought to be carried In its whole spirit
into rigid execution in order to prevent officers
Of the general government from bringing their
official power to influence the election of Presi-
dent and Vice President of the United States.
This provision Of the constitution il is Beloved |
and disqualiiies deputy postmasters
from the appointment of electors and the dis
qualification relates TO the time OF the appoint
ment, and that a resignation of the office OF
deputy postmaster after his appointment as !
slector would not entitle him to vote as eleetor
1nder the cons tuition.
Henry Clay and his associates appre-
,iated the Importance Of this constitu-
ional inhibition against the employ !