The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-11-13

BY the laws OF New Jersey, the voters are CIV
en- by townships, and after the poll is closed, it is
the duty of the Judges of elections, together with
the Clerks of the several townships, -"To take
an account of aud cast up the votes given in for
each candidate, make list of the same, which
list they shall sign, certify, seal up, direct and
transmit TO the Clerk Of the county, who shall at
tend at the courthouse of the county, on the Sat
urday next after the day of election for the purpose
of receiving the same, which list shall be delivered
to him before five o'clock in the afternoon of said
day which said Clerk shall proceed in pub
lie manner, to make one general lit of all the can
ddates voted as aforesaid together with the num-
Der of votes received for each of them, and shall
transmit the same atthe expense Of the State, TO
the governor or person diminishing the govern
mcnt, within seven days thereafter, having first
caused duplicate thereof TO be filed in his Office,
together with thelists from the said townships"
The governor is directed;
If the certified lists of voters given for Congress
shall not be received from the Clerks oany of tho
counties of the State by him within seven days aC
ter the time prescribed by law for casting up the
same, SC, by Clerks as aforesaid, forthwith to
send express TO the Clerk of the county or coun-
ties from which such certified lists have not been
received and TO procure the same at the expense of
the State
The governor is also directed;
"NNhhin five days after receiving the said lisrs
to lay the same before privy council TO he by
him sunmOnd for that purpose, and after casting
up the whole number Of votes, from the several
counties for each candidate the said governor and
priyy council shall determine the six persons Who
have the greatest member of votes from the whole
State for representatives in Congress Of the United
State from this State, aud forthwith commission
them, &c,
These are all the provisions of the laws of
New Jersey applicable to the cases this report will
state.
Tho Clerk of the county of Cumberland entirely
suppressed the vote of the town of Myi.le in his
certificate to the governor Of the State, though The
returns of the certifying officers Of the town of
MiyIc had been four days in his hands. And
the certificate Of the Clerk on lis face purpor,s to
be return Of the whole county, and is therefore
false return.
The Clerk of the county of Middesex in his
certificate to the governor returned no votes for the
town OfSouth Anlboy appcndng note to his GER
litcalc that '(iom this township no return, persu-
ant to law, had been received
The Clerks of Cumberland s; Middlcscx allego
I,, oil Al, ,,c, ,ln
towns from want of compliance by the town
certifying officers with the times Of Transmission
and the form of authorization set down in The
statutes.
But no matter for what reason the votes Of the
towns of NIilyie and south Amboy were omitted
in the certified lists or the county Clerks. These
lists were imperfect and partial returns of the two
towns being entirely omitted, and thcriole were
not the general lists required by law. Consequently
it was the duty Of the governor to "sond express"
and procure them.
The ccrlilying officers of the towns OF MiIyile
and South Amhoy furnished to the governor the
returns of heirtown,hps, certified sealed, sworn
to, aud accompanied with the fullest proof Of their
correctness aud THEN rejection by the county Clerks.
Iiui in vain. The governor in violation Of law re-
fused TO send lor the omitted returns of MlyilIe
and South Amboy. And the governor and council
refused TO count them Because they do not Up-
pear to have been transmitted, or in any manner
certified BY the clerks of the said counties Of Cum-
bcrand aud lliddeseN, the very case in which
it was the governors duty TO send express and
obtain them
The law directs the governor and council, 'afcr
casting up the whole number Of votes to deter
mine the six persons who have the greatest NUM- r
of votes from the whole ;tate'-But il the clerks
do not return the whole number Of votes, the gov
ernor j.. to send for them. the clerks still refuse,
other evidence. ofneccssiiy. must be sought to as
certain the true result Of the election. And what
could be better proof than the certificates Of the
town officers, confirmed by the counted votes them
selves. That this is the clear intention and mani
! fest construction Of the law, no one can doubt
II it il not so, any county clerk has it in hi@ power
at any election to reverse it by the omission of the
true vote for one half Of his county and the nscr
ton of false returns for the other. For this none
will contend The certificates of election then,
were given by the governor and council in viola
ton of the laws of New Jersey.
The conduct of the county clerks we will now
examine
| The alleged reason of the clerk Of NIiddesex for
spppressins the vote of South Amboy is, the infor-
ormalitv of the Authorization by the town officers;
where similar and equal inlormaliiies existed in
the rcturns of the officers of various towns that
gave total wing majority of $40 votes. All these
were certified by the county clerks and counted by
! the governor and his council And so has ever
been the construction of the law and the practice
in New Jersey, the clerks having always been con-
sidcred ministerial officers, whose duty il is TO GER
,ry ia the governor all the votes received and not
TO Judge Of returns with the power TO exclude.
The clerk of Cumberland alleges as a reason Tor
loo, ,Ls vo,n Of Milyile that the formally