Year: 1876

The oregon MahGuvre.


The warmth with which the democratic
press defend the action of Governor Grover
and maintain the legality OF the Cronin
Electoral College betokens their belief that
the election of Mr.. Tilden depends on the
action which may be taken in relation to the
Oregon vote. We suspect that they are
leaning on broken reed. The only thing
which can be accomplished is to compel the
Senate to go behind the face Of the certifi-
Gates. The democratic expectation seems to
be that when they have thus forced open the
door the certificates from the three disputed
Southern States will come in for review as
well as the certificates from Oregon. Con-
ceding this we do not see that it will help
Mr.. Tllden. 1t makes very pretty politi-
cal sensation, but democratic hopes founded
on it will prove delusive. To be sure the
same rule must be applied to Oregon and to
other States, but it must be applied with
tho same limitations Nobody will con-
tend that because the certificates from
Oregon may be reviewed the certificates
Of Massachusetts or New York may also be





case is that two certificates will be sent. and
the question to be raised is which of the two
is regular. A decision to go behind the face
of the certificates for this purpose would
include only States in the same predica-
ment. The investigation would be confined
TO the one point of ascertaining which
Electoral College was entitled to act in
States where two assembled. Oregon and
Louisiana are the only States in which this
happened. 1t did not happen in South
Carolina not in Florida; not in any State
besides Oregon, with the single exception of
Louisiana An inquiry to ascertain which
isthe legal Electoral College where two met
and voted will be very limited in its
scope. The inquiry cannot be pushed any
further in one case than in the other. As
there is no pretcxt for going behind the
official count of the votes in Oregon there
can be none for doing so in Louisiana unless
it rests on some other principle than uni
fornlity of proceeding in analogous eases.


In Oregon the whole difficulty relates to
what took place subsequent to the official
count. But in Louisiana the subsequent
proceedings were regular if the count was
correct. 1t is farcical to pretend that
McEnery is Governor Of Louisiana. Both
houses of Congress have recognized Kellogg
ac Governor; the seal of the State can be
affixed only to documents which bear his
signature; the laws Of the State for the last
four years have been made valid by his APP
proval. Everything done in Louisiana sub
sequent to the adjournment of the Canvass
ing Board has been perfectly legal and regu-
lar.


The Governors certificate merely authen-
ticates the list of Presidential electors.
Governor Grover certified that two repub-
licans and one democrat were entitled to
seats in the Electoral College. The title Of
two republicans was unquestioned, and they
formed majority of the College. The pro-
ceedings Of such o body are controlled
by its majority. It is for the ma
jority to decide whether there are va
cancics, and to fill them if they exist
Even if Cronin was duly chosen an elector
he had no authority to organize the College
against two others whose titles were as good
as his own. The other two members did
not resign, did not absent themselves, did
not refuse to act as electors, did nothing to
forfeit the claim to net as such which they
derived from the vote of the people and the
Governors certificate. AS a majority of
the College they had right to organize it
and to control its proceedings. Cronin's
vote for Tilden was not cast rs member Of
the Electoral College organized by ma
jority Of it's certified members. The persons
with whom he acted were not elected by the
people they had no certificates from the
Governor had no title to voc which either
house Of Congress can recognize Governor
Growers certificates, though sent to the
President of the Senate in the wrong en-
velope, prove that the other Electoral College
was regular Its majority consisted of men,
bcrs whom he had declared elected. That
majority found a vacancy and filled it as
the law of the State required them to do
We have no doubt that their proceedings
will stand and the three votes Of Oregc:s be
legally counted for Hayes.