National Republican., 1880-10-12


pr1pratc legislation, the provisions OF this article.
Article H. section s.
Tho legislation Of congress is as follows
| The electors of prcsdenttnnd vicc.preadent
shall be appointed ~ each state on the Tuesday
next after the fret iiondRy In November IN every
| fourth year succeeding every election OF prcSi-
lent aud vice PRESIDENT. Ndtct T. l7g1. c s. SIC. /.
rC D. 23o JnNgrH 23, 1878, ea J. ro' 8, D. ~; Re.
Each state may by law, provide for ue Glng
OF any vacancies which mny occur IN lis college OF
ctsctDrs when such college meet. 10 rive It's cleo
| scc,ion 1873.
Whenever amy state has held an election for the
purpose Of choosing electors, aud has failed make
choice Ou the day prescribed by lnY, the electors
| may DE appointed Oh subsequent day. IN such n
mouncr ns the legislature ofs,lrh slate may direct
HrUi'sI Hl'W's. 'tc''Op 1871
| The electors Tor each state shall meet nnl give
| lhcir Nulcs up1u tie first Wednesday Ia pyCcmbcr.
| ~ the year In which they are appointed, nj such
plocc IN each state as the leg stature Of such state
Shaii dfcet-dH Mrca l792 R,TiSti Sd'Hcs.
1t shall be the duty Of the executive Of each state
to cause three lists OF the names of the electors OF
such state ~ be made and certified and to be de-
| liyercd tn the electors on or before the day on
which they are required tomcci.-dC Mach |, l192.
cI s. &c 3, uJi !. D. 2o Rtrised Statutes scriou 1876
The electors shall vote for president and vice.
thc constitution Rrisd ra'gss mc'i1n iS7.
The electors shall make aud sign three corin.
Gates OF an ne votes gwen by thpn each ot which
certificates shall c)ptNin two distinct lists, one OF
for yicc-prcsdcnl, and shall anne; to each Of lie
certificates one of the lists of the electors whiCh
snail have been furnished to item by direction Of
NE executive OF the Staic.-R ytod $1iWss, srciuH
laS.
The electors shall seal up the certificates so made
ny them and certify upon each that the lists of all
the votes ofSuch state given for president and Of
~ ihe votes given f2r vice-prcdent are contained
therein .-Rcris'i Su'rie3, section la).
The electors shall dispose Of the certificates thus
made by them In tho lDiOwllg manacr:
oneiEIhey thnl,, by writing under their hand,
person to take chnrgc ofan1 deliver To the prcsi-
dent Oi the senate, NJ the scatof gOrctnment before
the first Wednesday Ia January then next cnsu-
| Two-Ihey shall forthwith forward by the post.
once TO- lnG president OF tiG no,G nt inc soat Of
1hrGr-1hcy shall fprthwAh cause the other of
the certificates to be delivered TO the judge Of that
district In which the clectOrd shall UsSemblc.-Re-
| rtsei Si!E'cs src'i9H 10.
Congress shall be IN session on the second Wcduos-
| day III February succeeding every meeting Ot
! the electors. and the certificates, or 80 many Of
them rs have been received shall then he oucncd,
| the votes counted, and Tho persons 90 M the
offices OF president ai vicc-pic5lcmt osCertnlrcd
| lfdrci l. l102; Rtrtsct statutes, stc'iyH H.
| Tho principal difficulty undor these provis.
ions arises from the question: What is an
Office Of trust or profit under tho United
Sates2 a postniasiership would certainly be
such an office. | have observed also that onr
| gentleman, whose uamo is borne upon the
rolls of the department OF justice US a commits.
| sioncr of II United States court, is nominated
as an clector. Such commissioners arc ap.
pointed under that provision of the consiitu.
| lion which authorizes congress TO cOuiide tho
appoint tmOnt Of inferior officers to tho United
States courts; and IL would seem to me that
such gentlemen cannot b. eligible as electors
while they hold tho office in question.
! In the case of George u. Corliss (1l r. l.,
p. 6jSl, tho supreme cour. OF that state advised
| the governor that the -,fiice Of commissioner
| of tho United States centennial commission
WAS an Office of trust under article Q, Sec
tion l, Of the constitution Of the United States.
| In Saunders vs. Haynes 13 Cal, 1i5), it is
put as qnery whether subordinate mp.
pointed by The collector Of customs ut per
diem compensation was an ollicCr Of the
| United States.
In view Of the differences of opinion which
undoubtedly exist as to what constitutes an
"onico of trust or profit under the United
States" tho only safe course Is TO refrain
from nominating as an elector any person in
the employment Of the United States.
Tho question whether Il porson holding q
| disquaifying office can, by resignng the
same after his election by The people, qualify
| himself to net rs an olect0r, has several times
arisen; hut the authorities arc IN my opinion
against it. Tho proyision is that no "person
holding an Office Of trust or profit unGcr the
United States shall BIZ appointed m eIector"
If, at tho Time Of appointment, therefore, the
candidate WAS holding such an Office, tie APP.
poiutnont would DO in violation of this pro.
vision Of the constitution.
1t will be observed that the constitution
provides for the appointment ofelcGtors in each
state "in such manner as tho legislature
thereof nSy direct" This provision conidcs
tho method Of appointment to tho legislation
Of each state, and upon the whole subject the
| legislation Oi each state should be respected
unless II be found to be inconsistent with the
provisions of tho constitution or the lcgisa.
tion of congress Hereunder. Very respect
fully, your obudicnt servant
CHARLES DEvESs.