Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1859-01-08
The Chatlield Election rraua..


mus to the Register Of Deeds Of Fillmore
county, commanding him to issue certificates
Of election to the two Democratic Senator's
elect. -..s... .a....s
II will Be recolleeted that the Board b,
Canvassera Of Fillmore county decided Ia
throw odt the returns from tho Chatfield
precinct, not for any informality appearing
on the facs Of The returns, but on the
ground that, in the opinion Of tho board. ,
fraud was practiced, by which numbyr O,
Republican ballots were taken from the bo,
and Democratic ballots put in their place, pre-.
vious to the votes being counted.
The decision Of the Court is made on the
ground that the Board Of Canvassers have
authority only TO canvass returns properly
made, and not to 90 behind such and exam
inc into the fairness of the election. This is
clearly right, and has been 50 decided in nu
merous instances; one Of which was only last
fall, in the case Of Sickles, Democratic can
didate for Congress, in New York City, to
whom the Board Of Canvassers refused to is.
sue certificate for the same alleged reasons.
The st. Paul 7;nses assumes in 4 leading
article on this subject that in the decision
the Court was entirely governed by partizan
feelings, and deplorcs it as the effect Of the
Judiciary being elected, instead Of appointed
IN the old way. We can see no reason for
charging such spirit upon them in this in
|stance-or in any other that We know Of
the decision having been clearly according to
the good sense and we'll established law o:
the case, and no stronger illustration Of it
can b. found than this presents.
Here are returns, good on the face, prop
|erIy mace in every respect; the oanvassers,
instead ofcontlning themselves to the strict
line Of their duty, establish themselves as a
court. and 60 to taking evidence Of what was
don" At the polls, and that, the evidence Of
only one party; this court. bear in mind, is
an interested oi's, As the Register Of Deeds,
sitting as such canvasse,, was himselfa can
didate for reelection, and the effect Of their
action was to give him the certificate: thew
had . large number Of affidavits, made, or
pretended to be made, by persons who said
that they voted the Republican ticket At
Chathe'd on that day, which number of af1i.
davits It was reported exceeded the number
of Republican votes that were counted. and
therefore they forthwith decided to throw
out tho returns. If it was court, it should
have been regular one, should have let the
other side brought in their afldavits, heard
all the evidence, considered the character Of
the conflicting evidence, stayed for half the
witnesses to be impeached-for who doubts
that Of many Of the aftidavits picked up for
this purpose this could most successfully be
done-and- then bring in their verdict
Wouldn't that be an interesting see.e;to BE-
repeated, onee the precedent established, a,
every election Partizan courts would b<
then illustrated with vengeance.
But now comes the best commentary no.
on this action Of the Court and on that o.
the Board Of Canvassers. The Democratic
candidates, at the same election, for sheriff
Auditor, and Surveyor: each brought IN ~.
ton before Judge Wilson Of tho third Judi.
cial District. against their respective Repub.
Iican opponents, who had received their Ger.
ti6cates Of election. After = protracted ex.
ANIMATION, in which over one hundred wit.
nesses were sworn, and the whe|s. merits o
the case gone into, the Judge decided tina,
the Democratic candidates were duly elected
and entitled to tho certificates. Not on,
fact was proven, to Justify tho chsrges 0
fraud, perjury and bsllot-box stufiug tina
were made against men Of the highest res
pectability and howled through tn. Who'll,
Republican pTese On the oontv.rv Il ~,