Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1851-09-18
The Defence of the County Judge.


his own framing, nor putting forth excuses so
utterly inconsistent with themselves, and with his
own declared opinions.
1t is the fortune of locofoism, that all its acts
find valiant and stout defenders. No enormity is
50 heinous, and no outrage, whether on popular
rights or on constitutional liberty, is SO great, but
what, if committed in the name of democracy, ii
finds eager and Jealous apologsts. To cheat a
Wing out of an Office to which the people have
elected him, and 10 foist locofoco into it, inf
mite are the means and devices to which resort
has been had as occasion required. We need but
refer 10 the cases of James Harlan, twice cheated
out Of the office of Superintendent Of Public In
struction-once (when elected over our present
County Judge by a pretence that the law under
which the election was held had not taken effect,
and the second time by process since known IN
the vocabulary Of political trickery as ''Cutleri-
zing''-and to the case of Daniel F. Miller, cheat
ed out of seat in Congress by downright steal
ing and hiding. These are but examples of the
readiness with which locofocoism will resort to
schemes the most knavish, in order TO accomplish
its purposes, and to prevent wing by any posi-
bihty from filling an Office to which 1t thinks the
democracy is entitled by prescription and imme-
mortal right.
IL practices such as these find defenders. why
should not the conduct of the County Judge be
defended? He was doing nothing more than fol-
lowing out the great examples set him by his
fellows: "aH Of arhich he sar and part Of mhich
he ,cas" He has taken lessons in the right school
to make himself an adept in the art of jug
Cling wing out of Office, and putting locofoco
in his place. To expect that he would show any
favor 10 wing, or to suppose that there was a
leaning in his affections towards anything but To-
cofocoism would have been he very height Of
folly.
This is question, however, which rises above
that of the emouments of the office of Recorder.
The grievance is not that the county Judge did
not bestow the Office on Mr. MADEIRA. We do no:
know that he would have accepted 1t if it had
been rendered to him. This does not excuse.
however, the conduct of the County Judge in not
Offering it to Mr. MADEIRA, after Mr. Johnson had
refused it. The one had the same claims to il
| that the other had, and stood equally recommend
! ed by the people. Mr.. Madera's claims were
certainly, in every respect, superior to those Of
| Mr. Weber.
The grievance is. that the County Judge has
taken away from the people. the decision of
! the question of who shall be Recorder, and as
sumed TO decide it himself. He has refused TO
recognize the right OF Mr. MADEIRA &c have the tie
between himself and Mr. johnson decided in O
proper and legal manner. He has not condescend-
ed 10 notice that there is such person in exist
| ence as Charles MADEIRA, or 10 give him any in
| formation as 10 the disposition he had made or
intended to make of the adjourned and undecided
| question between him and Mr. Johnson.
And what now is the excuse put forth through
the Gazette for the conduct of The County Judge.
! Why that:
l. sHc coRld not know nothing of the lie
which existed between the respective candidates
fo, Recorder, for he did not canvass the votes
which represented that tic"
.. That the throwing out of the ballot of Film:
River Township, which would have changed the
result, happened before the clause in the Code
relating 10 that matter was in force, and consc.
quently before the County Judge could have an,
official knowledge of the case.
3. That the clecton was conducted under the
old law, aud the County Commissioners Clerk
was right in notifying the candidates to attend
before him and draw lots for the otice--and that
! Mr. MADEIRA and Mr. Johnson should have appear
cd before him and decided the tie by lot.
These positions are wholly inconsistent with
law and reason, and the last is directly contrary
to the opinion expressed to Mr. MADEIRA by TIA,
County Judge Immediately after his return from
the east. The excuse that the county Judge car
know nothing Of the tic vote. and nothing Of the
/ = l. IL, :.
Matched up for the occasion 10 suit the eonve,
| niencc Of those who wish to throw the question
into confusion aud ''tarken counsel by word,
without Knowledge" II is Of no consequence SC
far rs this question il concerned whether The
election was held under the old or the new law
for as soon as The county l0dgS is sworn into of.
fee, he is bound to take notice Of all the fact;
appearing by the records Of his office. Whel
sworn IN, then. he found that there was tie vot,
between MIR MADEIRA and MIR Johnson for the of
flee of Recorder. This tie is 10 be decided in on,
OF two ways: either by casting lots or by new
election. Ii there is tic vote and all the ballots
have been counted, il must be decided BY DRAWN.
lots within twenty aays;--if it is q tie vote am
any ballots have been rejected rs double, Gas il
Flint River township which il counted woult
have effected the result, there must be new cleo
ton.
We hold then that twas the duty of the Count,
Judge to have ordered new election for Recor
by reason Of the rejected ballots Of Flint Rive
| Township. The question is one which, with on
present Information, admits of no doubt. Thos,
who shut their eyes 10 the facts and reason of tn
case may easily come TO a different concluson.-
There are none so blind Us those who will not see
We do not think however that there is any thin.
to be made by arguing the question with sucl
| persons. Il is labor lost. The conclusion ha
been arrived at long ago. Ii by any possible con
stracten Of the law, or by any possible rerversiot
and covering up of facts, the office could be SO
cured to a locoiaco, il was te be done at whatev-
er hazard. The injustice Of the course though
made Us plain as the light of day would not have
effected the result.
Mr. MADEIRA can do without the office. The
injustice to him though great, is but slight il
comparison with the Insult to the people of th'
coanty. and the Outrage upoa reason, justice ant
popular rights,
| More trouble for Ireland.