Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1858-07-30
For the Register.
-.... .r.. .-.'. For the Register.
The New Election for Clerk. +.~
Where docs the Responsibility Lie!

-..- t...' ..'.-.' FOR me he9tSteT.
DID,. The New Election for Clerk. r.~
Where docs the Responsibility Lie!
The election for Clerk of the county
court of Harrison took place on the eth
day Of last May. II is well known TO all
that great dissatisfaction existed after the
election, in the mind of the Democracy,
and the minds Of those who were believ>
ers in the validity of that first and cardi.
nal principle upon which all civil Liberty
is based. viz: That the voice of ma
jority of the people. when fully. fairly,
aud lawfully expressed. shall always gov
ern. 1t is well known that the frauds
committed by the opponents Of the Dem
ocratic party, and more especially the
frauds committed by the Know Nothing
party, and the supporters Of Mr.. Moore,
induced such feeling Of resentment, to
the gross and fragrant violation Of all
that Is held dear and sacred, in discharge
OF the duties appertaining to the election
franchise, as to call forth public clamor
in denunciation Of these frauds, and to
ask the only tribunal appointe! by our laws
to investigate such frauds. and set aside
the election, because it was "undue and
upon false return" We are informed
that the enemies Of Mr.. Cooper, four
present estimable clerk, are attemp ing
to attech bl 4me to him on account of the
contested election. just settled by the
unanimous &C ion of the five Justices. at
the July term Of the county court. His
enemies allege that the county has been
run to an expense OF one hundred dol
lars !! because of his conteSting the cleo
ton Of Mr.. Moore. Now even admit
ting. for the sake of argument, that the
contest was solely and entirely the act OF
MIR. Cooper. will any reader Of this ar
tcle who possesses a single spark Of high
aud honorable regard for the sanctity Of
our laws and institutions, and for the IN
sulied and untrammellcd purity and vir
tue Of the Ballot-hox. hesitate to say that
Mr.. Cooper, with a knowledge Of the
| facts as detailed in said contest, before
| the Honorable Justices Of the county
count, could have done wrong or should
be accused Of doing wrong if he had
without the Intervention of any other
authority, and Of his own motion, prose
cuted and maintained such contest? But
upon this point of responsibility. we are
not left in doubt. We say. had Mr..
Cooper Instituted, maintained. and pros.
ecuted this contest upon his own mere
motion-if under our laws be would have
be n permitted 10 do 50. we say it in the
teeth Of all opposition. and with due re-.
gard 10 all the circumstances attendant
upon the subject. that he would have re
ceived the thanks of every one not I'M
mindful Of the duties and responsibilities
which surround US as defenders of our
election rights and privileges. But Mr.
Cooper did not make the complaint which
led TO the trial. and the contest before
the court. A contested election would
have been had whether Mr.. Cooper Gp
proved of il or not. and we are prepared
to show that the friends OF the Democra-
cy as we'll as of the maintenance Of JUS
tice aud the purity Of elections, did So in
form Mr.. Cooper.
This contested election arose upon the
complaint Of eighteen legally qualified
voters oil Harrison county-two of whom
made oath. that the facts as set forth 10
said complaint. "Were true to the best Of
their knowledge. so help them God" and
this complaint was based upon The cleo
ton law Of last winter-found upon page
80. OF the Acts Of Assembly Of 1878.
from which we make the following ex
tract: ....
Sec 67-CoNrEsrED ELECTIONS How
PROCEEDED I&.-"The returns Of the
elections OF Justices Of the Peace, Of
Clerks Of the county and Circuit Courts.
OF Attorneys for the Commonwealth. Sur
veVors. Shirts. Comrhi ,sioners OF the
Revenue, Constables, aud Overseers Of
the Poor, under this act, shall be subject
TO the inquiry. determination. and judg>
ment OF the respective county and corpo>
ration courts. or of the county court. in
case the election was for a county and
city. upon complaint Of fifteen or more Of
the qualified voters Of the county or cor
poratIuu. ur Of the proper district Of an
undue election or false return. two of whom
shalt take and subscribe au oath or at
6rmstion that the facts set forth in such
complaint are true to the best of their
knowledge and belief and the said courts
shall, in JUDI ing Of said elections. proceed
upon the merits thereof" DC, DC. ...
Thus it will be seen that this contest
was the act Of eighteen qualified voters,
aud that it was they who informed the
Coult by their complaint, that the cleo
lion was run1ue ard upon Jalse return.
An examination Of the record will show
that MIR. Cooper did not sign. said COM
plant. ... .fr-.
In the Investigation before the county
court. it was most clearly and conclusive
~ shown. that Mr.. Cooper received more
legal votes than his opponent. but the
Justices who tried the cause determined,
Notwithstanding that fact, to order new
election. because the court had no wish
to sit as an umpire. aud determine who
was elected. but 20 protect and maintain