New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-06-03
Fourth Ward Election Contest

ing in the way OF demurrer % the procetoin-1' " -
b Wednesday yesterday az ten O1I oN'Ns
the unavoidable absence Of one 81 the gentlemen
IN the Committee. it was half past eleven oei0'e
N, Jobn Graham began bis argument 70 iho" 'nA'
the ,p.eseaions N. IN, Be gone into ard nat Il
,b contained enough % warrant the board 10 's''Hs
$50 the Fourth Ward Election Tie contest APPsa''
% sxci,e more interest ~ It progresses
N, Iou< GxAgaM described the memorial 90 pro-
oaedpg from l-rss number Of the Oldest snd most
,nec,sb,e citizens electors Of the Ward snd rern'
Cd the Committee tina, the memorial charged '"A'
for the irregularities stated 10 the memorial I'D
would have been 10 the minority, and ny 70 p e
.a,sld ,hs incumbent Of the Ofce he great 4br'.u
- 80 w.. Have the majority Of the electors hso
,na onportupity Of speaking - 70 VINO sD014' p -
Alsernan ofthe Ward and Have my eApiesseSs -
selves in favor Of AID Parsert u nsl D.u ss.re1f
an one were % vote falsely be was iisoe % ~
- ne sarna a. 10 the Inspectors aud olhrf vl1 -
tbev did not Do their duy-but me =. :,
,-rr,,er Of deliBouents was no remedy iO. 90 -
49,, ye,nrn Was false and frsucueni-ii u were uone
- boqr that the sitting Alderman nad DO MAJOR
i,y ~ votes and yet that he continued % hou De
he wrong would not be thus redfessea- ~ 80 ~. ~.
formed that the Inspectors oil the ihnu 49,. 49, -
s,iIrv Of any wiul derscton q duty uut th5r Con
sxhitifed great neglirence We complain OF not
,bst the poll was obstrucied When zoe lbsPee'"i,s
bsd the power % have gwen every eleeIor 10y
access 10 the polls VIII you Aio" the Oa.4Dt oV'Ats
- - ID not BY law but By unchecked violence
a., Inc czens resolve themselves into ouies OF con
- ~ he di,franchised Are we 70 have no remedy
.,s, violence although that violence may De proved
IN have affected the result OF an important eIeeuoh
Tho Fourth Ward contained peaceful CITIZENS oHt u
also contained many persons OF 0olsterous .ioe e.1
sbs,doDed characler-and Il has within US oolh1s
snv bouses Of IN fame. shall such persons and sucn
nIsces control our electons or will the ample powers
rv Nv law 10 the electors be found sufficient proiec
uop 10 the peaceful and quiet voters he soaH9Vhe1
none of the specifications, but consioerea ue Ino,
Q afrrr arTVIa
s.ide the election Of the charges we're pfoFeu)- Nc
rerred 10 the Jet vol Of the Revised Statutes "a co p
e05 section ; 10 show the rule laid down Tor aeine
,,ice In CONTESTED cases Of private corpofalons IN
80 Cowsn's Report D. l53. lexpsrts Murphy &c ]
two votes were given the names Of persons VINO Were
dead and this shown 20 the supreme Couir
But the Court would have set ine e'eo.on asl.e
If IL mad been shown that these Two NoNs were
given for the majority (which was not sho"nI a.
thev would have changed the result OF me eireuoh
The l. l. r. r. Co 10 Wendell g. and me haoson a.
Go 10 Wendell p. l3j. cases decided ~ the supreme
Court were cited In Of these the Court decided
that electors ready % vote, even ~ sunset lue
po might be continued open, and their votes received
~ tina, the o LETS night contain full and Tree expires
SION Of the opinion Of those having rght 20 vote ne
case of the Cnsnang1 Co Mutual Insurance 20 ~ wen
dell 635 also quoted. Votes are ~ neeo'o or i
cressng the majorues oicandiaa'es uut ioi ~
naiorites The petitioners complain tnat MI Ilisei
majority made up OF Illegal votes, snd tnat le8si sIes
sufficient TO have changed that majority were IeAoy 70
vote against him but durst no-this hey are IeA'y 10
F.,on AGAINST Scott 90 show thst the Introduction OF o.
Igsi votes was a valid for disturbing AN election
The Committee there refused 10 inquire rs % the legal
~ Of the votes complained Of and the petitioners ap
ylS 30 The Uouse where Mr. Webster IL high author
tv) moved thst the Illegally OF volts taken OF BON siaes
s6oud be inquired into and the House 30 ordered ana
the practice OF Congress III such cases Is % oeuuc' e
Illegal votes on each side from the "nue votes gwen 70
,b candidate and 70 give the seat to him who shs4 be
found 10 have the greatest number OF GOOD vote.
Mr. Graham quoted from Clarke, c-se 90 sho" mat
The House of Representatives. had eNercsed ne rgnt oi
,onry into ho9 given by ballot we're given-that
of Biddle and Richards vs. Wig. page 'l4. he also
read report OF Committee OF the H. oi H. Nnlch na9
inquired into certain Illegal votes given y uHyI uun
them sufficient change the result and 90 decided ana
who were Gus stained In this course by the h OF H. 10
another case D. 9j 10 % Of Clarke (John Richards oi
Pa the sitting member deprived OF his seat be-
cause his majority WAS made up OF htkt Fotts gwen
for him by ballot In the Documents OF the Board OF As
sstants D. 26j OF vol 2 Judge lngraham cites Muir
pbv case and inquiries whether in the mstter then be-
lore him the irregularities the part OF Inspectors &c
had left doub AS 10 the real result because go II was
GOOD ground for setting IL aside; and he referred 10
Ward election where the true result being doubtful u
was set aside Mr. Graham noticed several OF the su
thortes cited the other side 20 show that they ola
not in many apply to this contest IL had been
said that 1t was the practice Of the two Boards 10
override such objections 10 an election as those con
tanned In the thrd. fourth and sixth specifications
but this was before the supreme Court inieriered ana
decided in the of elections by private corporations
in me manner he had shewu He referred 10 arepori
he l4h Ward election where u was argued tnAt -
the poll lsts ordered 10 be destroyed &C no IN
ouiry could be made TO individual votes but he con
tended that the law IL altered and thst now the pom hs
are required be Dresred On an enquiry "nether th'
I Cierk of MONTGOMERY County duly elected thf
Judge was opposed going behind the ballot box 70 en-
oure ns il ght lead 10 perjury or subohuon theftoi
me Supreme Court Chief Justice Savage delivering ia
ofinion took very different view he thought the mat
Der when before the Jury was 10 be proved by the De'
evidence that could be- got Electors might be called
upon to prove that when they voted Tor IL l. tneI
meant Henry Yates this was the matter IN dispute J.
10 refuse to them witnesses would be 10 discredt h
high whence representative government spring
II ne Committee decide that the electors have no
taken ihese objections correctly then there is no groun'
In the protest for setting aside the election but the!
decide as he thought they would that they were cor
recty taken then the enquiry would be gone INTO az
the parties in this contest would 60 Oack 10 tnell consul
tuents 10 be again weighed in the balance Of puoh
MIR Graham was interchangeable in his array Of cases
Among others be cited from Clarke, psse -, IN
case OF Tsisiero rs Hungeriord ongrestlonal cor
test where the committee arrived AZ the conclusion Una
resort might had - the voters themselves 10 sho'
bow they voted which fact they might keep secret an
then third parties might be resortcd 90 Certainly j
the case before the Committee was evident that n
qury can he made TO who are legal voters and VII
not The ID charge In the protest he considered
result Of the lst aud 5ihhe variance between tine pc
lists and the ballots the discrepancy OF numbers va
caused by the Inspectors OF the Third District not ~
aiming the ballet boxes st the outset and by ine ea
ing them unlocked and in irresponsible hands il
charge that one Of the officers was an alien AZ
hence disqualified Mr.. Graham abandoned, not cor
\ sidering Il cugulzabe In this way. Mr. Hal A
Inspector had objected % the reception Of thirt
votes because the voters had not been thirty days Zee
den, In the Ward OF this the proof 10 be throw
. | on the complansns and they were ready. tie deuie
that sheer malice had occssioned this petition %
o contrary he believed the professors scted On big
n principle OF duty. a belief that Aid Purser was ~
. ire choice Of the people. AID Purser was the Loot
Magistrate of the Ward and ~ the head OF its Pole
during the Election. and be could have commanded d
service II the Police which he considered % De- aut
Democrats Ia is tendencies cannot keep polls rs
from rio,it Il he believed Inefficient aud 81
Is 10 the people the enjoyment Of peaceful ee
ions Il well that this inquiry should prove that ac
As 10 the memorial not being backed by oains snd ~
dAyitsit feature Ia the law Of England, that cOu
" Try Of social distinctions thst as Peers are Obnoxious
q Commuters they could only be trsd by their own o
dcr and oath neither, but their honor
. Peers was not the honor of American EectOr
this City quite high thst Of British Peer And
60 what need have OF oshs and srlasvits 70 suppO
the charges In the protest ground for going into
inquiry csleG for by the peopei
D. Mr. J. Graham spoke very auenty and with niue
Il ability for too hours aid half and concluded bis
d arranged argument 1.-TWO o'clock doing appear,
= 10 US entire justice to the OF bis clients III
a brief notice is however all that have room for
NJ NJ nayfp GRAuAN rose ID reuiy The 9uestiou "