The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1851-12-13

lhtTrPosea, every commissioner may be
taken, (and where there is any conflict
or interest to excite to such a purl ose,)
would be taken from some one or more
districts, to the utter diSfranchi elnent,
practically, of the people Of other dis
tricts equally concerned in the proper
management ofthe affairs of the County.
In tine present controversy between
Mr.. James Mackey and the undersign-
ed, the former was nominated canli-
date fer the Office commissioner from
the fourth election district and received
larger popular vote throughout the
County than the undersigned has, and
is among the seven highest candidates
for that office, but then he was behind
DR.. Carter, who was the opposing can
didate from the same district; while the
undersigned, who was nominated as a
candidate from the second district for
that office, though receiving fewer votes
than Mr.. Mackey, is greatly ahead of
Richard 3. Boulder, the only other
candidate resident in the said second
district. He therefore believes that
both from fair and Legitimate con.
struction of the provisions Of the pres
ent Constitution, upon the subject, as
well as from the manifest intention of the
trainers of that instrument-he is the lc-
gal claimant to aplace in the Board of
Commissioners, to the exclusion of Mr..
James Mackey, whose district will be
then represented by DR.. Carter; and he
therefore pgays that this his protest may
be entered on the Journal of the Pro-
ceedings of the County Commissioners.
JAMES l.. CRAIG.
Elkton, Nouem5er 22d 1851.
After considerable debate, this pro-
test was refused acceptance, and Fl, ally
the Commissioners adjourned without
any further organization than quality
ing until Friday the 2Sth. On that day
(2Sth November) | learned from the
Clerk of the Court that commissions had
been received from the Governor, and
that was not included in them. Twas
at the same time informed by him that
the Judges of Election, in making the
returns, which were filed in his Office,
had omitted to mention the District res
licences of the candidates, and that con-
sequently the Governor wasnot advised
on that point.
therefore held it to be my duty to
address the Governor on the subject,
and accordingly sent the following let
ter to his Excellency:
CHESAPEAKE CITY, Nov. 29TH 1851.
Str:-A commission having been re-
ceived in this county from your Excel
lcncy, recognizing and constituting
James Mackey and others as the persons
elected on the 9th inst, to be the Coun-
ty Commissioners of Cecil county, makes
it necessary that | should address your
EXcellency on the subject, as claim to
be legally entitled to be member of
that Body myself and to ask a with
drawal Of that paper until decision is
made upon full knowledge OF all the
facts and circumstances proper to be
examined and considered, before Justice
can be done to NE, and through me to
the people of the Election District in
which reside.
The New Constitution, under which
The Election was held. simply provides
that the County Commissioners shall be
elected by General ticket throughout
the County and not by Districts, with
out designating that they shall be taken
/ ortI ME rt # ha
indeed, that they shall be citizens fthe
County at all; or without limiting the
number to be elected, 1t no where
even says, that those persons having
the highest number Of votes throughout
the county shall constitute that Body,
though such would be necessarily infer
rod from the language of the instru-
ment, un less there be some other estab-
lished rule or principle to modify or
conflict with such construction.
frankly admit that the seven per-
sons named in the commissions which
your EXcellency has sent did receive
the highest number of votes throug bout
the county, but is that fact alone to de-
termine the question who is elected
or, are there not other facts and cir
cumstances in the case to show that
more is necessary to secure an election
than mere Majority of the votes of
the county! Had an alien, or minor,
or non resident of the county, been
among the seven persons who received
the highest number of votes here at the
last election, would he be qualified to
act as one of the County Commissioners,
and entitled to such a commission
And why not! The Constitution no
where speaks ofresidence, OF age, or nat
uralization, as necessary qualification
for the Office. Why limit the commits
sion to the seren highest! Why not
btstow it on fewer or more persons
The Constitution is silent as to tie num-