Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-06-08

with great Difference, is that such testimony was adms
oe ana was legitimate Tor the purposes and in the
ner IN which 1t was used The functions OF the Commits
soncrs to great extent quo di hoe arc judicial Ii il
made their duty to Scrutnizc the polls aud that scrutiny
nust be made upon evidence introduced The records of
the Clerks office the books OF the Commissioner of the
Revenue aud the Sherin's books the general land
marks by which they be governcd-bu where these
are silent as TO particular facts where they
Gus as 10 those iacts would it not be competent TO supply
the omission in the case correct the error m the
other by other testimony and would it be obligatory
the Commissioners TO receive that testimony if went
TO elicit the truth' The elective franchise unqucs
ably one OF the most valuable rights of ireencn; ard he
should not be declared the free exercise OF that right by
any technical or arbitrary rule of evidence will Illus
rate my idea this point by two familiar exam
PIES suppose citizen presents himself at the polls aud
e'aS ue right OF voting the that he is house
Keeper the head OF family and has paid portion OF the
revenue IL is admitted by the officer conducting the
erection that he Is housekeeper, and the head of family
but sdcnied that he has paid any portion of the even-
anu The ShenS books corroborate this statement; and
you choose you may suppose that he has been rer-
81 as an insovenhs vote is placed upon the back the
pol oook' Would IL not be- competent for the to
produce before the board of Commissioners the Shens
receipt showing payment in full of his taxes and there
10y ,aIsyng the return; and could the Commissioners in
sce 10 the voter refuse receive such tcSmonv2 And
II the receipt psrchance, had been lost the same reason
would autho'isc the procurement of testimony aIide 10
prove that once existed. Suppose dies short time
before an election seiscd of large real estate interstate
anu on the day OF election the his sons are re-
jeced because the Sheriff alleges lac does not know
ha her dther u dcadam To be told that they are TO
he denied the right of showing that their father i dead
and thereby establish their right of suffrage heirs TO his
land! Agan suppose the vote of A is Improperly naccd
ON the poll ct - when he had in fact Tor C. would
not be competent for him have this error correceJ
and suppose had ded.bc!orc the scrutiny, would not
be at liberty prove that he for him II seems 10
me- that TO deny the Commissioners this right would be to
lkc from teta power essential 10 the complete cxecu
ton OF their duties, and without which LEGALLY auibo
sed voter might be silenccd in ho expression of his pre-
erencc-Of course the Commissioners would be the ndg
es oil Inc weight oil evidcncc-it would e Tor them TO de-
ternnc whehert was sufficient sustain any point in
ISSUE out "seems to me that voter the candidate who
claimed The benefit Of the vote, would have the
Hh oil showing the goodness of the vote, and by parity
oil rca'onlng that candidate would have the same right
To show that vote poed against him bad and il this
iSt does belong TO The voter and The candidate follows
as necessary conclusion, that the Commissioners are
bound TO receive testimony going clucafe these points
That such testimony should be cxpare would seem from
necessity be unavoidable The short time bctvecn tho
closing OF the polls and the meeting of the Commissioners as
Board, wouldrcnder impossible, when there was much
controversy and much evidence be collected to give
regular notices in regular ways and this necessity may
oe se" s JuSylhS arEumcn in favor OF il 1t is not
my Intention further to extend this communication by u
lengthy discussion OF this ruleAIy purpose was to show
"' mere was at least some pauSiliy for the pu-
sued ny inc Commissioners, and that mputaton of cor
rupiion or unainesS could with any propety be educed
from IT, But whether their i'm this Snect was cou
Sstent with the letter spirit of the law or not had
an equal application TO all the candidates; the same prvi-
ege which was eX ended TO offered to the other
me rule worked both and whether correct or not i'm
ne abstract was general in its application. and perfect
~ lar IN Its operation; and because Mr. Camm did moi
hHSei OF The privilege alike offered To
ms opponent and positively refused, Gas am inforned)
TO act under IT, tho rule is therefore the less correct
nor the course pursued by the Commissioners less fair
III remains now Tor impartial public TO
Commissioners obnoxious the imputaon of refusing
to act upon the rule of audi aera,n pdrten and how
lar foX Popni has abided by his avorite motto, Stat
juSttid, Tudt celnn.'
1t scarcely be possible that is necessary 10 enter
INTO serious vndcaon OF the commissioners from the
chase oil we9EnesS or corrhpton, especially when that
charge Is made with the reckessnes of Disappointment
and without the shadow of proof 1t might be sufficient
to say that the Clerk of the county, the Sheriff. and the
Commissioner OF the are er-OficiO members of
this board, and that they require no euogv from any man
II would be act of supeerogaon inform the citizen,
oil TINS county, that they highly respectable in every
point OF view They bear in the several offices thew now
Ill., The best evidence of the entire confidence of those
VINO knew them best; and they might in the pride of
scious innocence point their past lives and their
SEM Standing as AN answer to any effort that be made
TO impugn the purity OF their motives deract from their
reSPeciabiy The other members of the board APP
pointed by The County Cour;two of them respecta-
Die lawyers; and the other gentleman, the many evil
dences he could offer OF his desorvedy high standing adds
the proof oan appointments by the Court
OF his county, of county Surveyor And these are the
sons who held up TO public view, either through
weakness and corruption suffering committing acts hat
no excuse Justify, and paliate! That
such men should be thus asaed for and
uous discharge of duties sought hut forced upon
is cause less of asonshmcnt than regret All thai
hey nave done, and that in the face ofday discharge
an unpleasant duty forced upon hcm under the sanction
OF their oats, according the hest OF their judgments
ct they must be sacrificed To soohc the disopnontcd
TO appeaSc the enraGed, and crafty the worst feelings
OF the human heart, they must be sacrificed Sacrificed
IL public opinion will pernbut that voice at all times
so potent will rebue with just and generous Indignation
this attempt know how wild, how sweeping, and some
umeshow destructive party pirtIike tie rebelous
wave OF the enaged ocean, sweeps every barrier
but even generally bows to the stern dictates virtue and
rarely invades the pure sanctuary of Justice When il
however shall have become lawess dcspsc these
so inolersnt as TO admit of opposiOnso savage as
10 assa without cause and butcher without conjunction
private worth and private CHARACTERIZATION it shall have
assumed tins hdcOus shape, them indeed may invoke
n gnf IN -
lamites than those which known in the darkest days
OF tyranny and oppressson aud which still act unfort-
nate Europe. JUSTITIA
Amherst, May goth, 1882.