The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1879-07-29

oh0'NSlJ3 anu iuiiy ouppoito uuC
position taken, where he says: "Also
bribery sometimes signifies the taking or
giving of reward for olIlces of pub
tic nature; and certainly nothing can be
more palpably prejudcial to the good
OF the public than to have places of the
highest concernnent, on the due execu
ton whereof the happiness OF both king
and people doth depend, disposed of.
not to those who are most able to exc
cute them, hut those who are most able
10 pay for them; nor can any thing be
greater Encouragement to industry and
virtue, than to see those places OF trust
and honor, which ought to be the re-
warf OF those who, by their industry
and diligence, have qualified themselves
for them, conferred on such who have
no other recommendation but that of
being the highest bidders; neither can
any ching be q greater temptation to OF,
bcers III abuse their power by bribery
and extortion, and other acts OF injus-
tice, than the consideration of the great
expense they we're at in gaining their
places, and the necessity Of sometimes
strainiDg point to make their bargain
answer their expectation" Vol 1, ch
n, B. Again, the learned author says
at is Of the utmost Importance to the
public welfare that, in the administration
OF the government, none but persons
competent to perform the duties of their
Offices should be admitted into any de-
pariment But if the sale of Offices
were allowed to those who have the pat
ronage and appointment, 1t is evident
that there would be the greatest danger
OF situations being filed, not by those
whose talents fitted them for the station,
but whose purses enabled them to obtain
1t The sale of Offices may, therefore,
Justly be ranked as an ofIense against
the political economy of the State"-
Vol. l, ch. 80, p 74S
In Tucker v. aiken, Z N. n. 140, a
similar view was taken, concerning a
practice which had obtained Of putting
up at public auction, and disposing Of
the Office of constable to the highest,
and of collector TO the lowest bidder,
the court there saying in reference to
custom "It has a tendency to divert the
attention of the electors from the quail
hcations of the candidates, to the terms
on which they will consent to serve, and
makes the choice turn upon considera
tions which ought not to have an iuhu-
ence." The doctrine in that case, so far
as concerns public offices, met with ap-
proval in Massachusetts,, the court, la
Aluord v. Collin, 20 Pick 428, saying !:
l"We fully recognize the validity of the
objection to the sale of offices, whether
viewed in moral, political or legal as
pect. 1t is inconsistent with sound pol
icy. 1t tends to corruption. 1t diverts
the attention of the electors from the
personal merits of-the candidates to the
price to be paid for the Office. IT leads
! to the election of incompetent and un-
worthy officers, ard ontheir part to ex-
tortion and fraudulent practices to pro-
cure remuneration for the price paid
| Nor can we discover adherence in prin-
ciple between the sale of an office for a
valuable consideration and the disposing
of it to person who will perform its
duties for the lowest compensation. In
our opinion, the same objection lies
against both" And the Legislature of
Massachusetts applied the principle now
being discussed in a still more marked
manner in the year 1910. The town Of
Gloucester, though entitled to six repre-.
sentatives, for economical reasons, was
accustomed to return but two members,
whose pay had by law to be furnished
by the town, In that year, however, for
political consideration it was deemed de
sirable that the entire number of repre-
sentstivos to which the town was entitled
should be elected. Whereupon several
individuals, with view to induce the
to Sn to elect full delegation, gave a
bond for the use of the inhabitants, con-
ditoned that the whole expense OF such
representation should not exceed the
pay of two members. But il was held
by the Legislature that the election was
void, though none of the members elect
ed from the town had any agency what
ever in procuring the execution of the
bond. The Supreme Court of Wiscon-
sin, after citing the above and other su-
thorities, say "The doctrine which we
think is established By the foregoing au-
lthorities and which. we believe to be
sound in principle is, that vote given
for candidate for public office in con-
siderstion of his promise. in case he
should be elected, to donate sum OF
money or other valuable thing to q third
party, whether such party be an indiyid-
ual, county or any other corporation,
is void" -s,s ......, ..., ssf.
We must regard the cases above cited
as conclusive Of this one, and reiterate
the statement that the offers in this case
made by respondent differ in no essential
particular from the Wisconsin case--the
offers in each case we're equally deserv.
| ing of condemnation, and were in spirit
and purpose the same. For if bribery
in its larger sense, in its application to
election cases, is the promise by the can
didate to. donate, il elected, sum OF
money or other valuable thing to third
party, the promise in the case at bar
ought to be held as failing within the
same category, since, though the suitors
who may have to appear before the can
didate when Judge of probate, cannot in
the nature of things be designated, vet
the corrupting tendencies of the offer
remain the same; remain to swerve the
voter from his duty as citizen, to blind
his perception AS to the question he
should consider, the qualifications of the
candidate, and to fix them upon consid-
erations altogether foreign to the proper
exercise of the highest right known to
/ freemen, the right of suffrage; right
upon whose absolutely free and untram.
melled exercise depends the perpetuity
of our republican Institutions. ,.e
4 The transaction Of which the State ir
4 the present instance complains may have
4 been enteted into with laudable motives
but it is, as we think has been success
fully shown, decidedly demoralizing il
its tendencies, and utterly subversive O
the plainest dictates of public policy =
, The maxim In such cases should be o5stt
I principiis, and it is only by rigid oh