Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-08-10
VOL. XIX, NO. 37...wHOLE NO. 2547.

ca Oy large party III tnls lerrito-
ry. Let US refer to that part of his
proclamation which prescribes the
manner of returns and of protect
ing elections. This requires the
judges Of election, after receiving
and counting the votes, to deliver
them in person to his ExcelIoncy,
and requires those persons desiring
to contest the election in any dis
trict, to make a written statement
setting forth the causes of complaint
in the conduct or returns OF such
election, and after being sworn to,
to present it to the Executive in so
many days after the election.
1t was on account Of the erasure
Of the word " legal" that the cleo
ton was set aside. If there is any
meaning to this word, if it is any
thing but an empty sound, then it
has a meaning in the organic act.
If then, such is the prescribed form
then this meaning must be respect
ed, the word cannot be considered
supertluous.-I, sir, am therefore
unwilling to declare that word Of
no force. And further to show the
facts Of the illegal voting, and Of
the outrages attendant upon the
election, and to subStantiate the
course Of the judges in erasing the
word legal" the election was pro-
tested, and atlidavits of the facts
were given by residents of the dis
trict. All this showed the illegali-
ty, aud made evident the imposs-
bility of separating the legal from
the illegal votes. hold, sir, that
with no expressed power to declare
a vacancy, if that clause had been
left out of the act, sufficient author
ity was given the Executive to set
the whole proceedings aside; he must
do it by virtue of his office /; he is
to perform the Executive duties.
Is there anything in this that
looks like usurpation Of power--a-
nything that looks like overreaching?
Misunderstanding. The proclama-
ton only requires Of the people and
of the judges of election what the
organic act intended it should re-
quire there is nothing from begin
ming to end that transcends the Ex-
ecutive authority.
The Governors right TO go be-
hind the election returns made by
the judges in due form, | will not
argue-that question does not arise
in this contest. | only claim his
right to prescribe the form of re-
turns, and his power to set an cleo
ton aside from imperfect returns,
from returns made contrary to the
form by him given, and contrary to
the provision in the organic act.
Now, sir. to show concluslvely
that am legally entitled to a seat
in this House, and to justify the
judges of the election in making
the returns they did, and to justify
the Governor for setting the cleo
tions aside, / will speak of my cleo
ton.
At the March election, was a
candidate for the Legislature. / re-
ceived two hundred and fifly-three
votes, "a majority of the legal vo-
tiers in my dislrict) My COMPETE
tor received about eight hundred,
more than six hundred of which
were cast by persons who came from
without the Territory, in an organ
lied band, as if to meet a deadly
foe they came but one or two days
before the election they cast their
votes without taking the prescribed
oalhs ; they did not even swear that
they resided in the Territory. Many
said they resided in a bordering
State, that they had come here to
vote, and that they should VOTE
They did vote, and thus hundreds
of votes were cast by non-reSidents
of the Territory. The judges of
the election knew they were such,
and although they received their
votes, they believed them to be il
legal votes hence, as they had
been compelled TO receive them, and
as their oath required them TO swear
that the number of votes returned
by them was correct, and that the
votes were legal as they believed,
and believing them TO be illegal,
they erased the word "legal," aud
thus swore that so many votes had
been cast. This was the form of
the returns in the second represent
tallve district. which ~" here TO
represent.
Now, sir, what right, what apol-
ogy had the Governor 10 declare
persons receiving the highest num-
Der of such votes duly elected p
What right has this body, even il
they have the right TO decide
the question, to declare such men
elected They were not elected
by legal voters; the returns do not
say they were. They virtually say
they were not aud what right has
any power to declare them legal
Such a decision by any proper au-
thorily would rob the ballot box OF
It's power and sanctity, the individ-
ual of self-protection, aud liberty OF
It's purest gem. Aye, it would turn
the name Of American liberty into
mockery, and subject the Constitu.
ton OF the United States To the de-
rision of the enemies Of republican
government. Such proceedings,
SIT, do not constitute an election