Southern marksman. [volume] (Clinton, Miss.) 1838-1839, 1838-12-04

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+ OF the counties OF Middlesex and Cumber
land, are gloss usurpations Of the right oil
suffrage,ot most alarming and dangerous
tendency, and destructive of the most ines
Unable rights of the people; and, inasmuch
as The Governor and Privy Council are
ves'ed BY law with the power only TO cast
/ up the whole nu nber of votes quot part)
tom the several counties, and thereupon TO
determine the candidates who have the
greatest number of votes from the aghoLe
State, not part of the State) they neces-
sarliy have the power TO hear, try, and de-.
| teFmne, whether the returns before them
do contain the whole number ofsuch votes.
and procure them 10 be perfected; such has
been The uniform construction and rule of
action OF THIS body, and now when The acts
OF those Clerks stand without an excuse.
paiilaiion, or Justification, it would involve
TINS body IN their crime, TO withheld the
lawful exercise of a power committed 10
them toprevent such outrages upon the
rights OF The people Of New jersey.
4th. Because, if tie said county clerks
have any authority 10 Judge of the legality
OF TIE acts of the officers Of township cleo
tons, the mode of conducting tie same.
or the regularity of the returns made by re-
turning officers, a fortiori, this body pos
sess The power 10 review the acts of such
clerks, and are bound TO correct their er,
rors, mistakes or frauds, in their lists re-
turned and 70 procure the same 10 be per-
fected
9th. Because, il Is charged before us by
the petition IF one Of the citizens and law
| iui voters OF The State, that the said clerks
OF the counties Of Cumberland and Middle
sex, have, by mistake, ignorance, or fraud
suppressed the lawful certificates of cleo
ton officers of the said townships of Mill
vile and South-Amboy-and that this BODY
ought TO determine that such returns Of
/ lists are not such returns as required by
law, and thereupon it will become the duty
/ OF the Governor to procure true lists of
| the whole vo,es from the said counties re-
spectiyely.
/ 9th. BECAUSE, it appears before us that
The lists of the votes Of the voters of the
townships Of Millvile and South-Amboy
/ aforesaid, were signed, certified, sealed up
and delivered or transmitted by the Judge,
! inspectors and clerks of election in said
! townships respectively, TO the clerks sever,
ally ofthe counties in which they are stu
ate, and that The same were received by the
I said clerks respectively, before five O'Clock
OF the afternoon of Saturday, The thirteenth
Ilnsiant--and fled by them-and that the
said clerks were bound by law to include
/ ttemiI the general lists which is now be-
fore us, and that we have no authority to
cast upa part of the votes--but we ought
TO require the whole TO be returned TO US.
inasmuch as The said clerks have no autho,
1 rlty by law, to reject such votes returned to
1 them.
7ih. Because, although The said clerks
oil counties are ministerial officers. and have
no authority to reject, set aside, or suppress
returns=-yet, That when ii mani(esly ap-
pears to the Governor and council, that
the returns made by the county clerks do
not contain the votes of the whole county.
without assigning any reason for suppress
ing part: it is the duty of The Governor
and council to consider such returns as
utilities, aud to procure correct lists Of the
whole votes; and that the power to deter
mine what candidates have the greatest
number of votes in the whole State, and TO
cast up the whole number of votes from
each sounty, and TO procure returns where
The clerks have been guilty. of neglect, ne
cessarlly involves a quasi judicial power, so
as TO enable the persons on whom ii is con-
ferred TO prevent fraud and correct mis-
takes IN The returning officers, who are re-
CURED by law TO make returns 10 them.
SIh. Because in the present case, to de-
termine that the Governor and council are
/ TO be tie blind instruments to carry into
effect the Illegal or fraudulent acts ofcoun-
ty CLERKS, makes the Governor and council
pdrtlceps crinlinjs in what we solemnly
consider one of the most alarming usurpa-
lions upon the rights of a free people that
has ever been attempied--that no clerk ola
county has heretofore attempted to supx
press the votes ola township for any other
cause than that the returns were not made
within the time prescribed by law--and TO
sanction such an attempt wonld transfer
he rights Of the people to usurping clerks
and render the voice of the ballot box pow,
erless. For all these reasons, we do so.
letnnly protest against the above mention
cd detertnination-and pray that this pro-
test may be entered on record.
BENJAMIN OLIpHHNT, Jos. Moore,
JAPHET IRELAND, J. Fl. LAMBERT,
r. r. MoRRrs, FRANcIs PRIcE.
r. H. KENNEDY.
Council Chamber, Oct. ST. 1898.