The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-11-07

= laws IN suCn case made ana provided, IL Is
the duty Of the Governor to procure full and
perfect returns of the said votes from the
said Clerks before proceeding to lay the
same before The Privy Council and until
such duty is performed by the Governor,
and complete returns Of the whole votes
/ from the several counties in The whole State
are procured, the Governor aud Council
have no lawful right to act.
! I'd. Because, it is manifest upon the face
of the said lists returned by the clerks of the
counties of Mddlesex and Cumberland, and
upon the casting up and determination of
the Governor and Privy Council, aforesaid,
thar the votes of the voters Of the township
of South Amboy, in the county of Middle
sex, and the votes of the voters Of the iowh-
ship of Ml'lviIle, in the county of Cumber-
land, are omitted, suppressed, or excluded,
without any reason or cause being assigned
iherefor-and thus a part of the lawful vo-
tiers of the whole State have been disfran-
chised by the acts Of commission of the
clerks of the counties of Middlssex and
Cumberland, and the acts of omission of the
Governor Of the State.
3d. Because, the said acts of the Clerks
of the counties of Middlesex aud CuInber-
land, are gross usurpaiions of the right of
suffrage, of most alarming md dangerous
tendency, and destructive of the mos, ines
tinsble rights of the people and inusmuch
as the Governor and Prlvy Council are ves-
ted by law with the power only to cast up
the whole number of votes (not part) from
the several counties, and thereupon To de-
termine the candidates who have the great
est number Of votes from the whole State,
| (not par, of the State) they necessarily
have the power to hear, try, aud determine,
whether The returns before Them do contain
The whole number of such votes, and pru-
cure them To be perfected such has heen
the uniform construction and rule of action
of this body; and now when the acts of
thnsc clerks stand without any excuse, pal
liation, or Justification, 1t would involve this
body In their crime, tn withhold the lawful
exercise of a power committed to prevent
such outragrs upon the rights of the free
people of New Jersey.
4lh. Because, if the said County Clerks
have any authority 10 Judge of the legality
Of the acts of the officers of Township
Elections, the mode of conducting the same.
or the regularity of the returns made by re-
turning officers, a tOrttori this body pos
sesses the puwer To review the acts of such
clerks, and are bound To correct their errors,
mistakes or frauds, in their lists returned,
and To procure the same to be perfected.
9Th. Because, it is charged before US by
the petition of one of the citizens and law
tul voters of the State, that the said Clerks
of the counties Of Cumberland and Mid
dlesex, have, by mistake, ignorance or
fraud, suppressed the lawful certificates Of
election made by the township election Of
ticers of the sald townships of MIlville aud
South Amhoy--and that this body ought to
hear the same, and 1T the facts are proved,
ought 10 determine that such returas of
lists are not such returns as required by law,
and thereupon ii will become the duty of
the Governor TO procure true lists of the
; Whole votes from the said Counties respec-
, lively.
9th. Because, it appears before us that
the lists of the votes of the voters of the
townships of Mllvllle aud South Amboy
aforesaid, were signed, certified, sealed up
, and delivered or transmitted by the Judge,
inspectors, and clerks Of election in SAID
r townships respectively, to the clerks Sc
yerally of the counties in which they are
situate, aud that the same were received by
The said clerks respectively, before five o.
clock of the afternoon of Saturday, the
18th instan,-and filed by ,hcu-and that
the said clerks were bound by law to in
clude them in the General Lists which is
now before US, and that we have no au-
lhori,y to cast up part of the so,es-but
, we ought TO require the whole to he re-
ii. b.
have no authority by law, 10 reject such
votes returned TO them.
9th. Because, although the said clerks
: of counties are ministerial officers, aud
have no authority 10 reject, set aside, or
suppress returns-yet, that when il mani
feslly appears to the Governor and Coun-
Gil, that The returns made by the county
clerks do not contain the votes Of the whole
county without assigning any reason for
suppresSIng IA part, 1t is the duty of the
Governor and Council 10 consider such re-
turns as utilities, and to procure correct
lists of the whole votes, and that the power
to determine what candidates have the
I greatest number of votes IN the whole state,
e aud to cas-, up the whole number of votes
Y from each county, aud TO procure returns
where the clerks have been guiry of neg
lcc,, necessarily involves quasi Judicial
power, SO as TO enable the persons on whom
J It is conferred to prevent fraud and correc,
mistakes in the returning officers, who are
y required by law TO make returns to them.
q Sth. Because, in the present case tc
: determine, that the Governor and Councll
il are to be the blind instruments, to carry in
n to effect the illegal or fraudulent, acts o
Il County Clerks, makes the Governor ant
!. Council pdrticeps eriminis in what W,
= sulemnly CONSIDER one of the most alarm
o ing usurpations upon the rights Of n peo
], pie, tina, has ever been attempted. Tha
!. uu Clerk Of County has heretofore Mt
tI.H In sun e u