Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-16

George Wilson, Judge of Probate for An
derson county, made an affidavit that to his
personal kuowledge, this party threatened the
life of any who should attempt to take the le-
gal census; that the life of any one attempting
to execute the law in this respect was In dam
ger; and that these threats prevented the
taking of the censuss in Anderson county
within the time prescribed by law. He also
Ewears that similar threats prevented the ex-
rcution of the law in Allen and Franklin
counties.
believe these statements have never been
refuted, or seriously cOntroverted. On the
contrary, the determination Of the Free-soilers
not to vote in the election of delegates to the
convention has become matter of history,
as also the efforts of Governor Walker and /
Others to induce them to change their inten-
tions, by warning them that 81 those who alb
stain from the exercise of the right of suf-
frage, authorize those who do vote, to act for
them in that contingency. and the absentees
are as much bound under the law and consti-
tuition, where there is no fraud or violence,
by the act OF the majority of those who do
vote, as if all bad participated In the election"
This principle lies at the very foundation of
all representative government; which could
not exist without it. Strike it out of our po-
litical system and you could not elect a repre-
sentative to this House, whose enemies might
not manage to avoid his election. and render
ii mere farce. In view of this. important
truth, those people were admonished by the
Governor not 10 console themselves tclh the eIpecta-
ton Of defeating The ratification Of tie constitution
by a subsequent Uote; for although he was in IA
vor of submitting it to the people for their APP
prevail or rejection he did not know the con-
vention would so decide, and there was no
power to control their discretion.
These admonitioIs, and the great truths on
| which they were founded, were unheedcd, and
we are now invoked to treat them as idle
babblings. and political hereses. For myself
| | am willing to test this objection by such
! heresies.
! l pass to the charge of fraud, which may
be numbered as objection third. Fraud in
the election of delegates TO the convention,
and fraud generally; for / believe some affect
! to consider everything connected with the
| convention, from the enactment of the law
for the election of the delegates to the end of
! their labOrs, and the entire work of their heads
and hands, as soiled with fraud l believe
one gentleman [Mr. GRAINGERl said the Lee
compton constitution ''is corered all orer lcith
| fraud, and spotted 1cih corruption"
This is grave charge. 1t is easily made.
| and frequently hard to prove. 1t is legal
aphorism that fraud must be proceed and not
presumed. Ii is founded in good sense. and
must prevail rs well in political as in ndicial
tribunals. | ask, then where is the evidence
of fraud? 1t was not in, the enactment of a
wise, just, and efficient law to preserve the
purity OF the ballOt-bOX, and the rights of
every bona tJGe citizen: to prevent and punish
all fraudulent and violent interference in the
election, and secure full and fair expression
Of the popular will. II was not in the faith
full attempt of the officers. und T that law, TO
carry ont its laudable intent, by making a
fair registry Of all the voters in the Terrific
nv, for the purpose of securing them in the
exercise of the elective franchise. and to ena-
bic them to keep Off aliens. non-rcsidenIs, and
invaders Of every description. 1t was not ia
the willful Obstinacy, fraud. and threatent
violence of the frec-State men to prevent the
completion Of the registry. Surely gentle
men of the Republican party will not row
turn on their present cO-aborcr, late acting
Governor Stanton, by whom the apportiOn-
ment of delegates was made, and say that
was fraudulent. and thou art tie man. No
gentlemen. though | may be prepared to be,
licve much. / can't believe you will be guilty
of such ingratitude. 1t would be an accumu'
lation of msfortunes on him. too grievous tC
be borne; and in the bitterness of his anguish
well might he eXclaim, saUe me from my
friends ~
Was there fraud in the election of delegates
to the convention? There is no proof of it
And in all the investigation of Illegal voting
in Kansas, | am not aware that any attempt
has been made to ferret out Illegal votes il
this election. for the reason, | suppose, thai
even il it be conceded that fraudulent votes
were cast. the fact would not, in legal phrase
be cause for challenging the array. or setting
aside the verdict of the jury; annulling the
convention and avoiding its acts, any NOR,
than it would give cause for annulling th'
present House of Representatives, or declar
ing its acts void, because Illegal votes may
have been cast in the election of its members
thing which probably occurs TO some eXten
in every popular election. Nor would it in
validate the election of an individual dele
gate, unless the legal votes he received wer,
not greater than the number of legal vote
received by his opponent. Even then, if h,
were p.rmtt d to take and hold his scat i
would be too late to raise objections aft r tn,
labors of the convention Were finish, d, anC
the constitution would not thereby De ''SDotte,
sgah corrltptio,li' Moreover, it would not b.
for those TO inval.dlte an election on tn
charge of fraud who refused to vote, and, a
far they could, prevented others from vol
ing, and did all in their power to prevent al
election. We are not TO be mislCd by the CT.
of "StQp hisf!'
lCONCLUDED TOMORROW