Bellevue gazette. [volume] (Bellevue City, N.T. [i.e. Neb.]) 1856-1858, 1857-09-03
]. F.. NYE.


and my friends in particular, my reasons
for resigning the office of Register, TO
which | have heen legally elected.
The people are aware that | held the
office ex.oficio, of County Clerk, and was
the only specified officer Of the county who
was authorized by law, to open the poll
books Of the election, and with the assis-
lance Of two disinterested house-holders,
was required 10 canvass the vote.
When canvassing the vote at the recent
election, | called to my assistance Mr. o..
Colestock and T.. H.. Clark, Esq, for each
of whom | have great respect, for their
manly bearing and their unexceptionable
character as citizens, and the latter for his
legal attainments.
Upon opening the returns from the three
precin,s of this county, 1t was Immediately
discovered that those from Cunning City
precinct were not full, for the reason that
the poll book did not accompany them as
the law required; there being only an alb
stract stating who was voted for, and the
number of votes received by each, sent
from Cunning City precinct without the
poll-book as the law expressly Directs
Could | as a sworn officer of the law
could we as honest and faithful canvassers
of the returns of the recent election, permit
this undoubted illegality to pass unnoticedl
Most c%etainly not! | for one have too
much respect for the oath | have taken, to
perform the duties of my Office according
to law, to permit SO gross a violation of
the statute to pass unnoticed. If the peo-
pie think | have no more respect for my
oath than that, | can inform them that they
are mistaken ia the man. l wiH do what
| believe to be my duty, taking the law for
my guide; | believe | did do my duty and
did do right when l threw out the Cunning
City returns for its acknowledged illegali-
"; and | feel q conscientiousness that legal
and impartial men will Justify my course.
In support Of my position | have only to
refer the people to the well known fact,
that two years ago the Desoto returns were
made with the very same deficiency and
the Territorial canvassers threw the whole
vote out of the canvass, for the reason of
the illegal returns; and their action was
afterwards approved by the Congress of
the United States, as will be seen by refer
ence to the contested case of Bennett Us.
Chapman, which is well known to have
been made and decided upon the illegal
returns of Desoto precinct, which returns
are exactly the same as those now in ques-
ton. An objection was made to the De-
soto returns for the reason that the judges
and clerks used more words in making
their certificate to the correctness of the
poll book, than wa laid down in the form
or the statute. l asked any candid, impair.
tial man if a poll-book ought to be declared
illegal and thrown away because the clerks
used the following words, viz: ave certify
/ the above TO be a correct list of the per-
r sons who voted at said election" instead
of the following, viz: Certified by usl'
: In answer | hear the honest and impulsive
no!-instead of invalidatlng the returns,
i it makes them more perfect if possible
h Another objection was made to the Desotc
y poll book, which though more serious i
y may appear, l could moi think ought tC
!, destroy them and cause them to be thrown
Il away as illegal. The objection was tina
e the Desoto poll-book was not returned
G within the time prescribed by law, which
uses these worJs: securely sealed ant
enclosed, shall within three days lhereaf
ter be conveyed TO the County Clerk"
s. The facts in the case are these, the cleo
L. ton took place on Monday; on Wednes
day, being the second day thereafter, tn,
Desoto poll-book was conveyed to my res
idence and securely locked up in m,
drawer and there remained until Frida.
e. the fourth day, when | took them to Fol
Calhoun and canvassed the vote with tn
! assistance of o. Colestock and +. II
Clark. Again | appeal to any and ever
pc honestly impartial and candid men I
ly know if we or any of us did wrong in &C
IS cepting of the Desoto poll-book as a legs
instrument and properly returned. thin
:, you will concur with me and the balanc
'e of the board of canvassers, who declare
e, the poll-book legal and properly returned
err and not because it lay in a drawer at m
e; residence instead of a drawer at Fl. Ca
!; houn, it was not returned in time, | car
" not believe that so whimsical an obiectio
D. can invalidate an election return and di
We franchise a whole precinct. If it was col
No. veyed to the county Clerk within tire
ve days, the requirements of the law hay
been complied with, and such is the cas-,
co. If there are any who differ with me
les opinion in these matters, l sincerely hop
ny they will do mt justice to believe that al
ia. honest in my opinion, and in doing VIII
| conceive TO be my duty, | hope they wi
believe that | do only what is righi, an
'e' that in such a manner as the law direct
nat and not as has been intima,ed, thai / dec
be- ded thus because it elected me, which
TO most positively deny; and such being II
H. case, | came to the conclusion TO resi9
the office of Register, to which | have bee