The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1852-03-17
surEEaE oouEr OF - cAEoIINA

/ bod. xissn Ger money i9s ufsa sssrt = I
1h< ressl1 81 Puhlie ssseteas thensh n<assf
&c ne parties - . rsieE, 10 ha~rd xPsn nn h~
ssl coassS<raiisa. b<ing sgsia~s rnf&se fc<9s
and Is sh<zesse tsid.
App<al from the Superior Court Of Law
Of Borks county. Fan Tern. 1850, his
lIonar Judge Dick presiding.
This Is debs on a bond fof sl0o. The
delencs relied ca was given for an Illegal
CONFEDERATION. 70 secure money lost upon /
4 bss on The election Of James X. Polk as
Pssidens al she United States by the peo-
pie. The defendsn, proved. thai. pend
ing the elrriion. the plaintiff lsthim have
a watch worth go. dor which The defend
ant was 10 pay him si25. il James X.
Polk was elected President Of the United
States By ths people. Undef tins sgree-
mens he plaintiff delivered 10 The deiend-
ant the watch. and the defendant deliver
ed 10 the plsiniiif bond for el25. with
shs above condition expressed therein.
Alser The election. The defendant made
payment uf s25. and execulfd the bond
sued on, 10 secure ihe balsnce OF ihe si2o
bond. The Jury returned verdict for
the plaintiff, subject 10 ite opinion Of ihe
Couri upon the question reserved. HE
Couri being Of opinion with the painful.
he had judgment. and the defendant sp-
pealed.
Avery for The p.ainiiff.
NV. Woodhn and Tales Tor the de-
fendsni.
PrAssos, j. ID is clear that this wss
ga be,'. upon the result. Of The Presiden'
tial eleriion and, the bet being lost. by
the admission of The parties, the bond sued
on vas executed 10 secure The balance re-
naming unpaid. ia was not proven iiia,
the parties. OF either III them. were voters,
and no presumption Of that TACT can be
made 10 aid the defence. We are, there.
fore, 10 take il, that neither were va ers
and the question is presented. can houd
given To secure money lost np0n \ wage
on the result OF presidential elrciion
then pending. made by persons who ar
not voters. be recoTeredi
II is sc,lled that the action cannot b
maintained il eiilrr of The parties is 70
Ter. Alien v. Hsarne, L. X. Sc. Burn
v. Riker, A Johnson, 496. We think
cannot be maintained. although neither o
the parties is vo,er. and put our Opinion
on The broad ground. lllai the wager
against public policy; and the conrl
ought nolio counienance il. By aiding !
the collection Of bond given 10 secur
the money won. cot
Ours. bnih Federal and State, are &c
preventative. republican governments. an
reslnpon elections by The people, as" III
corner sione." Everything. not merel
The proper action. bu, The very existence
Of our institutions, depends on the fre
and unbiased G exercise Of The elective Iran
chise andii is manifest, that wha,evt
has tendency. IN any way, unduly
influence elections. is against public pol
cy. This postum we assume, as sci
evident. Il seems equally clear. that u
practice &c betting on elections has d
reel tendency 10 Cause undue intluenc,
For. By The wager, The parties acquire
pscuniary interest in The election. all,
gelhsr foreign. and al war with It's Ira
purpose and design, which leads them il
10 temptation. more or less strong, aero
ding TO The amount Of the wager. 10 exc
every and any means by which TO aiIe,
the result, and 10 strengthen one side an
weaken The other. 0ae. who has VIZ
ger depending, follows but The instinct I
interest, when he resorts to the perseIsio
Of facts, The circulation Of la'sehuod, iiea
ing and brihing. for The purpose Of gainir
ties. The evil is mol confined TO hin
self. Ills relsti rus and friends becan
excited and stimulated To expriion, n
for The good Of the country, hui Cor d
pecuniary in,eIcs, growing on Of the W
ger. Such state Of things is against Il
public good.
Plotting our decision on this bro;
ground the fact MAT The parties 10 d
wager are not voters, has no beating q
the question:; because The evil effects
the practice Of betting on elections, poin
cd abnve, do not al all depend on tn
circumstance. One WIN is not a vote
may be tempted as strongly as one wi
isa voier. To pervert laris. circulate falls,
hoods. treat and bribe. and the infectic
extends as readily TO his relatives and h
friends. u Se 4ge0
While concnrring in The correctness
the dersions in the two eases above cite
we must be allowed 10 say, that the grour
upon which they are put is very mario,
to.wii: that, az bolh, or one, Of The pa
lies were voters, the wager was illega
because ], created pecuniary inieres
calculated TO swerve him from his duty
for, alihoughhe may hare bet upon III
candidate Tor whom. at the time. he Ii
tended 10 vote. yet. perchance. but {,
thus pecuniary interest. he would hav
changed his vote whereas, after the. be
he was moi open 10 conviction. and di
not !" stand indifferent
The pIababiliiy, that single vote migl
have been changed. but lnr The TACT III;
the door 10 conviction was shut by III
wager. is certainly very narrow grount
Il presented itself, however, IN those lw
cases, and The Judges chuse TO rest on i