The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1832-08-21

objected to By ono Of the freemsn on
the ground, that the said Cranston was
not qualified to net as freeman of
said town, and was therefore ineligible
a. moderator. The meeting, however,
without enquiring into the fact,) pro-
cseded to appoint him Moderator. Mr..
Craustou was then called and took the
chair. He stated to the meeting that
he had freehold that was but barely
sufficient to qualify him that he had .
deed Of one quarter Of an estate, called
the layer House and lot that the deed
was not on record but on file, in the
town clerks Office; that he did not have
it recorded, in conse quenoe Of some old
debts Of the firm Of Cranston e. Shaw,
for which his real estate might be At
tached, if he should leave the state, a.
his business might sometimes require
him to do, but that the deed being only
on file, it was always In his power to
withdraw it from the files, and thus Sc
cure the property from attachment.
He declared himself Notwithstanding to
be competent to preside over the meet
ing, and qualified to act az q freeman.
In the latter part Of the day Mr.. Grams
ton polled his own vote, which vote was
challenged by one of the freemen on the
ground, first, that his deed was not re-
corded, and secondly that The convey
ance was made without any. cousidera-
ton actually paid, and IN the Idnguage
Of the statute was fraudulent, It having
been made one day before the town
meeting in April by his sister, with no
other view than TO enable him to act as
q Freeman. From this charge he was
called upon to purge himself, by oath.
by one Of the freemen, who read the
law from the Statute book pages 81 g.
03, and also read the oath from page
90. This oath said Cranston refused to
take and in his capacity as Moderator
| overruled all the objections, and listed
his own Vote. Your memorialists, as
freemen of the town of Newport, are
unwilling that such IN instance Of the
overthrow of the rights Of freemen, as
they deem this to be, should take place
and be passed over in silence. In their
own town-meeting redress was impfae-
ticable, and they now lay their COM
plant and their cause before this tribu-
nal, which is, as they are advised, the
onIy one competent to do justice to
them and the institutions Of the State.
/ Your Memorialists, therefore, as the
town meeting was illegal for the want
of.a legally competent Moderator, ask
your honorable body to reject the votes
Of this town, given in on the 18th inst.
as aforesaid, which they humbly con-
ceive will be an act Of justice to your
memorialists and will admonish the ma
jority, in all cases to think before they
act, and to consider and respect the
laws Of the state, and its uniform and
wholesome usages. If the meeting had
bsen iudisputabiy regular by the appoint
mens of an unchallenged moderator, the
vote of Mr.. Cranston could not have
baen received, inasmuch az the statute
lsxpressly declares " If any person so
ad5pected and challenged shall refuse to
take the said oath or affirmation, his
xote, shall not be received" gcg 'f.-
Your memorialists forbear to enter
into any details or argument in support
Of their views, but they nevertheless beg
leave to suggest, that il is obvious chat
in those emergencies whom single, and
that casting vote, may decide a mea-
sure or an election, that dubious or
illegal vote, may always be rendered
effec,ual, by choosing the challenged or
impeached voter, the moderator of the
meeting. That il 10 obvious, that il q
deed merely lodged on file, not recorded
and as in this instance evowed 40 not
meant to be recorded, and which can be
withdrawn at the pleasure Of the party
collusive graator, or factitious gsantee,
who, lodged it, can authorize the vote Of
such grantee, that elections always
must turn in favor Of those who are the
most able and willing to make such
deeds. s-s.~t
And your memorialists would further
state that it appears from careful pe-
rusal of all the Statutes in regard to the
proceedings Of town-meetings, the quail
ifieations Of freemen, &c. that there il
no provision whatever for the decision,
BY the toscn-meeting Of challenges made
against q moderator. on the ground IF
his not being legally competent free
man. All the provisions of these laws
proceed on the ground. that it is not to
be presumed that, the freemen would
elect person legally incompetent for
this Office, and likewise, that no candi-
date 90 challenged, would accept of such
an Office, unless with the -clearest con-
viction of his legal competency, and at
the peril of an appeal to this, the only
tribunal for the decision ofa question Of
such rare occurrence and vital impor-
tance. For il appears that the msdera-
tor is himself the judge, in most irstan-