Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-28

when, in obedience to the command Of the mob
The polls were thus contumaciously closed quiz
etude prevailed around and about them. But who
cannot perceive that ii the quiet Of arbitrary
despOtism' The voters Of one party had been
driven away, and many Of them were afraid to
RETURN and II was at this very period, when quiet
- said To have reigned, that the mob had further
fortified itself with cannon. OF course. there
was but one party in possession OF the field, there
still existed, is rendered paipable by the acts Of
the mob upon the approach, as well as after the
arrival of the Mayor. II the presence of the mob,
composed as il was, in part, Of persons from a
foreign city, could be tolerated. why could not
the presence OF the Magyar. even though he were
accompanied by military police, be also tolera,
ted? He was there in the discharge Of a painful
official duty, and the others were there in def
ance of the law. If the presence of the one
suferable, what was it that rendered the presence
of the other intolerable, Your committee will not
presume to answer the question.
This second closing Of the polls Consumnated
the lawless work which had been so vigorously
commenced by the riot in the morning The
election, which for the three hours Immediately
preceding, had been conducted with much dis
order and unfairness, was now completely broken
up. or ll3e registered voters in the precinct,
only $40 had been allowed to cast their votes
leaving 762 or more than two-thrds of the voters
diSfranchised No formal or other proper notice
was given, Of an intention again to openthe polls
and reports were quickly circulated throughout
the precinct that they had been finally closed
consequently, when, at about three o'clock the
commissioners again resumed their duties, il was
without the knowledge of the great body of the
voters. The comparatively few who heard of
II promptly availed themselves of that Opportuni-
~ to vote; but the reports that the polls were
not again TO be opened, had been SO extensively
spread, and had obtained such general credence
that in the course of the remaining four hours
which could be devoted to the election, only
one hundred and fifteen votes were received
These, added to what had been previously re-
Cei'ed. gave a poll Of only four hundred and
ninetyOne votes out of a registered list of eleven
hundred and thiTty-Cight voters. This fact gives
additional force TO the testimony regards the
violence Of the mob ard its effects upon the voters
u - clearly established that large proportion of
them were SUSTAINED by force from the exercise
OF their elective privilege.
Representative government being based upon
the will of the governed, whatever prevents a
fair expression Of sentiment is an invasion of the
dearest rights Of the citizen. Security of prop
erty, and of life itself, under institutions can
only be- attained by preserving the purity Of the
oallot-boK- Any act which destroys this security
renders our form of government a mockeTy and
cheat There can be no d ference in the turpitudr
OF the act which destroys q mans property and
that which rOb> him Of The right of suffrage; and
thence becomes the duty of this Board to visit.
with the severeSt Tebukc, the lawlCsSnesS which
characterized the late election at these polls
Your committee. in prosecuting this investiga-
ton, have had the attendance both OF the sitting
menbeT and Of the contestant
Mr.. Emery has Submitted no testimony or de DO
sItOn except to show that the voting WAS not
commenced in the second precinct of the Fourth
Ward precisely at the hour of seven o'clOc i'm the
morning, as is required bv law. This happened
u seems, in consequence of the accidental deten-
ton from the polls OF one of the commissioners
His two colleagues, however were at their posts,
and no complaint has been made that any person
went away or lost his vote account of the brief
delay which was thus rendered unavoiddbly in
opening the election. Your committee are, there
fore warranted, by precedent and by law in con-
Guiding that the accident referred to, in the alb
SenCe of any charge of fraud or unfarness is not
OF character that would Justify the raising of d
question as TO the validity of the election in that
precinct
Mr. Goddard submitted in connection with his
protest variety of atidavits of legal voters re-
siding IN the first precinct each of them at TminC
his intention TO have voted for John III. Goddard
as Alderman, and Thomas w Burch as Assessor
but that he was prevented from doing by vio-
lenCe or otherwise; and to the numerous atfdavits
thus submitted Mr. Goddard proposed to add
Others of a similar character. but he was advised
by the committee that to increase their number
would then be unnecessary, because, if the votes
Of the Opponents could be legally added to the
returns Of the commissioners the attidayts which
have been presented would he sufficient to over
come the small majority which had been re-
turned for Mr.. Emery. No more were submitted.
But those before the committee presented to the
minds OF its members several legal questions
upon winch they deemed 1t eXpedient to obtain
the advice of the Corporation Attorney. His let
ter, enbOdylng his opinions on the points sub
united to him, is appended TO and made part of
this report An examination of this letter and of
the testimony obtained by the committee cannot |
in their opinion fail to satisfy every member of
the Board that Mr.. Emery is not entitled to the
seat for which he has been returned. It is no
matter whether the returns of the first precinct he
excluded, or the votes be counted which were
there either illegally rejected or violently pre-
vented from being placed in the ballot-b box. In |
either case the effect will be to deprive Mr. Emery
OF the seat, and 10 confer il upon the contestant
TO demonstrate which will require but few |
words and figures
IL the first precinct be excluded II will leave |
Mr.. Goddard with d majority of 90 votes in the |
second Prscinct-the returns Of that precinct be-
ing 22l votes for Mr.. Goddard, against rs for |
Mr. Emery.
1.-THE returns from both precincts be admitted
and counted, then the vote will stand-for Mr. |
Emery 42I. and for Mr.. Goddard iIi; showing a |
majority for Mr.. Emery Of MAE votes
But IN the latter case. both justice and law. as
y shown by the instructions Of the Corporation |
Attorney. require that 'rsHtg-S6usH votes should
be added To the numbeG returned for Mr.. God |
dord, which will increase his poll to al votes |
and give him majority of eighteen votes over |
The names Of the twenty-Seven voters which |
are thus required under the instructions afore-
said To be added to the returns of Mr.. Goddard |
dTe the following. viz:
Frederick Schacfer, who swearS that he went |
TO The polls to vote for John H. Goddard as AL |
deTman, and Thomas w. Burch Assessor, but |
WIS denied tbs vote the ground Of his being a
foreigner, although IL was well known that hc |
has voted here for six wears without being chal-
IenGed, and although he offered TO make oath |
that he is native Of the CITY Of Philadelphia
The commissioners required that he should prove
the place Of bis birth by other testimony than his
own.
John VI. Flynn, Edward Sheehy and Thomas |
Noondn, all Of whom swear that they went 10 the |
polls 10 vote for John III Goddard as Alderman
and Thomas w. BuTch as Assessor. but were de
med the right Of voting on the ground that the
impression Of the sea! OF the Circuit Court of the
District Of Columbia was not sui, GENTLY plain ON
their naturalization papers Upon Of the pa
7ers thus rejs,t ted, which has been submitted To
YOUR committee, the impression of the seal was
found 10 he almost perfect
John Conner, John Common. 2d, John Herliley
Michael Kelly. Patrick Scanldn, Thomas Hogan
John Sexton. Timothy Brien. John Common
iet"r Conan. Michael Duffy, Michel o Comlrsll.
David Fitzgerald. Cornelius Bro>nanan James
Sullivan. John VI Nelson, Matthew Butler, Tim
"tay Green. Michael Raglan, John r. Ellis. Mi
chdel Enrl9ht, Philip CrOniH, aud John Cusick-
all oi whom swear that they went 10 the polls To
vote for John II. Goddard, for Alderman. and
Thomas W BuTCh for A. e>>Or. but beaten
or driven OF and prevented from voting by the
mob
You committee have examined the list If regi,-
tered VOTES OF the first precinc and find The names
of all tie above Persons duly recorded thereon