New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-11-15
NETWORK COUNTY CANvASSERS
FIRST DAYS SESSION.


NewYorf net yesterday at noon, pursuant to law, at
the Office of the County Clerk. A quorum was s~orn
in, and Supervisor Ely was chosen President; Mr..
Fowler, Deputy County Clerk. acting Is Secretary
The Board then opened its regular session in the
Chamber of the Bos-d of Aldermen, the following
members being present: Supervisors Brown, William
son, Blunt, Baird woodssrd. W. Tucker, Board
man. Wskeman, Kelly Chauncey, CAristy, Ely
1 ord. Herrick, c. II. Tucker and Mott.
Immediately after the Board was called to order
Supervisor WILLIAMsOs rose and presented the fol-
lowing paper, moving its reception;
To me Board OF CdHcdssers Of TIE Guy and Comfy
Of Nor York;
The undersigned a committee on behalf IT the Peo-
pie Of the City Of New York and electors OF said City
and County do hereby respectfully and soiemnly pro
test ep aine certain election returns, which will be
presented TO ,our honorable body for canvass being
deemed conclusive and 6ps far as regards the as
sured number Of votes which may be presented IN Ia
vor of Fernando Wood, candidate for Mayor oil
New. York.
The undersigned ask leave before your honorable
body ehal canvass said returns 10 present for your
confederation testimony which will prove gross frsud,
llegaliiies and irregularities committed du1ug the
election tie canvass, and since that time; and the
undersigned ask instruction from your honorable body
in what wsy the matters may be placed before them
JAMES TooNE, Chairman; No 81 ws,l-t
J. 4. BROOKS Secretary, No. ~ Courtlsndt-st
Dated New YORK, Nov II. 1854.
Supervisor IlyRRICE-I do rot understand this mode
of proceeding. suppose that the proper way is for
the Board to proceed with the canvass, taking up re-
turns from the first Ward in the hands OF its Super
visor and if any evidence should be offered to
fraud or other improper action return from that
Ward that thew shosld look into ii and decide upon
il; but II there should be objection made To the
turns the Board should go with the canvass, pro-
q eding from Wsrd to Ward, in regular order, until
objections shell be raised
Superyisor CHAUycEY-I think it is proper thst we
should hear any evidence OF fraud that may be offered
move that the paper be received, anu the prayer OF
the petitioners heard
Snnervisor WooDw,RD-I agree with the Super
yisor from the XIXth Ward Herrick) that the Board
should 90 on with the canvass by Wsrdsend Districts
until they come to some District which Is disputed,
when the matter should be looked into.
Supervisor HERRIcK, after reiterasing his opinion,
moved that the paper be received and entered on the
inmates and that the Beard proceed 10 the canvass.
The motion was not seconded.
Supervisor WILLIANsoS-l move TO add to my mo-
ton the following: " That Committee be appointed,
and I, al the protest be referred TO them
Supervisor MoTr--I consider this singular case.
think that We are to hear all evidence that may be
presented in regard to frauds upon the canvass of any
character.
Supervisor CHAUScEr--if there is no immediate ar
raneement by which we proceed in our canvass,
and by which we receive testimony. 1t appears to
me 10 be proper to delay further proceedings can
not see any OucClOu We nhft w bhis tro-
timony brought before US body IL is large
BODY. Let us hear il all and go through with 1t.
This appears to me to be the proper way.
The PREsIDrSr-Thst, suppose, is the object OF
having Committee 60 make a report, 50 as 20 enable
the Board to proceed in its business.
Supervisor CHAUScEY-What wasth nature OF the
last pIopostioni .
The PREsrpESr-The motion was that Committee
be appointed to make a report on the subject
Supervisor KELLY move that the law DO read.
Guve w aKpyAN-Rut A should like TO know
if is competent for this Board to inquire into the
turns-as 10 their accuracy.
Supervisor HERRICK-I say we have not any au
tbority 10 investigate the subject of the memorial.
Supervisor WAKEN,N-My political experience Is
not very extensive but as understand the statute,
have the opinion that it is not competent for the
Board 10 go into the investigation OF any snch mat
tiers before this tribunal should be very glad to go
into the full scope Of the matter and give all these
parties the fall amount of justice that can be had.
am city willing to spend the requisite time and
labor for this purpose, but ! question whether Il 10
competent for this Board to make that investigation
have been led to believe that the Board Of Supervl-
sors Goes not possess the jurisdiction, and that we are
compelled to adhere TO those terms. Inspectors of
Elections are both Judicial and investigating officers,
but County CaRvassers have no other business than
10 canvass the voice. l de- not find any authority
either in statute or in Judicial adudcations that gives
Us the power to 90 into the investigation OF this mat
ter. Mott emphatically, if there has been any fraud
committed, aud We are the proper parties 10 IN
yerflgdte ~, want 10 20 10 VI luo
vestigaton. do not want the people to DO cheated
out OF their faithful servants But we have not the
power il won't do for to make ourselves ride ulous
BY going into n matter wherein we have no Jurisdc.
ton Ii il necessary for to ascertain that. IL will
be well 10 let the committee 90 into that subject.
The PREsIDEST-lf we should prove ourselves
riGiculuOs by going into such an examination, we
have iustrious precedents-the honorable DISTINCT
Attorney and the other distinguished attorney from Al
bany had the pleasure OF listening 20 some argu-
mept in this very room at the time the Attorney Gen
eral was down here from Albany.
Supervisor WAKENAS-Ws there sn examination
of Witnesses then
The PREsIDEST-Tes; the examination OF Witnesses
lasted fourteen days.
supervisor WAkzs,N-I am perfectly satisfied that
the universal practice of the Board Of Canyasers has
Ot The ~ PSGsIDEST~We had the Attorney-Genersl
then.
not make the laws for the State OF NeT-York.
The PREslDENT-He ought to know them.
Supervisor WAKENAS-He does not always
though.
Supervisor Morrill, ia charged that the Inspectors
have been guilty Of deceit and fraud. IL Is the duty
of the inspectors 10 return the votes correctly TO u
do not hesitate TO cay at least II u my hrm belief
that if il should appear that there has been any fraud
on the part OF the Inspectors in making their returns
to thus Board, we have an untOuOted ngm 10
inquire into ii. Thelaw presunes that the Inspectors
will act honestly, and has not made any provision Tor
the detection Of fraud. But fraud "a matter thAt
can always 10 inquired into. Nov, Sir II we hsye
jurisdiction in the matter at all have undoubtedly
the right to inquire into any extent OF fraud regar>hg
these votes. Fraud yitates all acts IN every Jursae-
ton and under every authority. should say, there
fore, that we have right, if there be fraud IN the
matter To investigate its very bottom and to pass
upon it. But, Sir, whether we have rightto go pc
bind the returns Of the Inspectors may De another
question. II Illegal votes have been pollod and they
have 10 eognizance Of them, that may be question
that requires some consid cradle consideration before
we can take any action upon the matter But 20 Tar
hesitate to cog We have perfect jurisdiction We