The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-12-01
~ the Attorney General on the
B HiSh Returns.

--,rt ot the recent election in this
-" president and Vice President is
$50" ,,rao.ient we believe. The vote OF
''",. s,ac. the adoption of the general
.,..,a,, has always been east entire for
'prssiden ,ial nominee. The circumstances
80, have led to the remarkable result are
~ suoh general interest that we pub
,,ornipe the interrogatories OF Gov.
'''. ,v, relative 10 the questions affecting
- ali addressed 20 Attorney General
and his response TO the same. We
- m another column, the official vote
'.--ajned according to the opinion of the
raey General;
, ,,ssiions submitted by the Governor to
/ - t,oYupy General, upon which he req nests
I'D ,,tu{oi in wiring
D. Uhath is IL necessary 10 constitute O
TER nat be should present q ticket and
70 his name on the back, or have the same
tsr The Commissioners return a total
- rast fcr the Electors, specifying the
4 q - and then add portion OF these vote
/ without tickets, and the residue cast with
l o.. Ought these votes to be received or
-sl,, ed
1 10 = Electors by the Commissioners being
4 p. '.,,,sIv given thus as" instead of az, " or
4 mission of Junior or senior at the end OF
l anne as the case may be: Ought such re-
4 80 IN he received and counted in favor of
4 10. nartlcular Elector
-- Ia ths case Of the Christian name of the
\ ,...,-r hping enormously stated in the re-
--u-for example, Anthony instead of An
81 s..v-should such returns be counted or ex-
.raad for the Elsctor
IN In the case OF the sir-nam of the Elec-
4 - bling enormously stated in the return
1 aauia such return be counted orexcluded for
.a4t EisCtoT
IN Whether poll opened in the name OF
.44 candidates for The President and Vice
p-~.idpnt, and not for The Electors, should be
-. wed and counted not appearing whether
,---a were tickets or not
Answer is desired by Monday morning next
JOHN LRTCHRR.
1 h. Tptks7, Esq, Attorney General
RICRMoNs, Nov. Gath, 1860.
50 i have received your communication,
! pounding several questions in respect 10
~ eirctng of Electors for President and
wee President OF the United States. am
-mpsiled, by reason OF your req uest Tor an
Il slsTer by Monday morning, TO prepare my
-snfy az once: and to state more succInctly
lau | would otherwise have done, my rea-
1 ,as for the conclusions 10 whish l have
ne.
,G Whether it is necessary 10 constitute q good
srtHat he should present ticket, and write h s
..re ~ the bIck, or have the same written The
4 mmssloneTs return q total of votes cast for the
eaiars speoif}lng the number, and than adt a
,DHon Of these votes cast without tickets, and
4 residue cast with tickets. Ought these vote s
4 Z. IA Tsce red or rejected
1 This question involves an inquiry into the
]. real mode in which the law directs the voter
Z .tsf his vote, whether the voter really ex-
m .es bis choice by ballot or rira roee.
The Constitution of Virginia (Art. III Sec
contains this provision:
10 all elections votes shall be given openly, or
s,rl eots. aud not b, ballot but DUMP persons n
n it,d 20 sdifage may vote Dy ballot
4 This provision seems to settle the point al
4 g he mode Of casting vote; il must be given
I openly or rird r0es, and cannot be by ballot
II ypt IN the single case OF vote cast by 9
4 dumb person.
j /, seems to me It would be incompetent 70,
II. legislature 10 have required a vote 10 bs
ca., by ballot, even had il attempted to do so
Nor, in my judgment, has the Legislature
made such an attempt.
sac "a of chapter 20 of the acts of 1857 '6, pro-
y3es that ''under the supeIIntendenoe a con
y OF The Comml lssloners.' polls should be OPEN
Iat he should proclaim and see the votes record
t. appoint writer's have poll books prepared
sli del yer 10 each writer the book he is TO keep
Tie wTitsr Is required to wtite the names Of o
t-'s II n column headed with the words ma ne.
| yoteIs;' and opposite the name of the voter
msrk under the name OF each person for whom
| 2: yo'Sa.' The section then PROCEEDS as follows
And IA 81 election for Eeoiors for President ant
4 Wee President OF the United States, the said on
/ esf.' tite COnductor,) shall receive from eacl
voter paper or ticket containing the names of
| MANY persons Tor Electors as the State may b.
entitled Ia, Tor the time being. he name of thu
voter shall Re written on the back of the paper
! snl ne shall also de lare utrd roc. for whom ht
4 yales as Electors either by repeating the Mans %
e.Ch psrson voted for, or by any other distinct AZ
IEna ipn OF them collectively: provided, that l.
g 3, ys dahHt b: may vote bp ballot. When the vote
Seolded on the poll book as afoTesaId.' II further
= provides, thai Inc correctness of the poll wheI
conclude BY the conducting officer, shall oe oert
tsi b. The commissioners and Conductor; ant
requires The delivery OF the polls at pTeeincts Il
Y Ne Comm,ssoneTs at the Court House.
= SEC 81 uf the same act requires the Commls
i toneTs at tue Court House III examine and com
pare the several polls taken the counts ctr kt
hefeirom i'm proper votes-attach list thereof Il
The poll and the re Ason for so striking them from
The poll.
btc. Al provides that 1.-The tioks.s handed IN b,
iae voters shall be kept by the Commits ssionerj
aaler their seat'-t that they shall b. PrsSsrrsd b.
Il aa a the Commits oaerS, aud be delivered to thi
q gIssflor, II demanded by him within six months
a aef the electIon. IL further provides, that The
iHoa! pods, when subscribed by the ,mmission
s eo snail be delivered to the Clsrk Of the county
b y. . prsSsrred tn Ehe Clerks Gtce."
h The sections cited are all that bear upor
this question. 1t is obvious from the languag,
u he II III Iec lion, that the law does not pre-
,enbe vote by ballot, but really forbids 1t
I except in the case OF dumb person thus con
1 Iorning 10 the provision of the Constitution
l efeady cited. The whole law shews tina
pills are 10 be opened aud kept, and the vote
1 'aeFein recorded-that upon these the Com
i Hssl0Lers are TO determine the result-tha
'Aese are 10 be returnef TO the Clerks office
!. 0e preserved as perpetual evidence OF th
/ srcAou; while on the other hand, the tickets
1 aie &c be Kept by the Commissioner only, un
/ les: ihey be demanded by the Governor.
"hat then, Is the purpose OF requiring tht
/ 'l"a.Hg In OF the tickets Does that coHstt-
1 '-;s Tue casting Of the rOte
am OF opinion that the vote is cast by tn,
'Jter when he declares "rtpa p0ce for whom
A7 votes rs Electors" and that the vote 81
e's' must be evidenced according TO the mod,
SECURED by the law. The vote is cast riro
taft, and not by ballot-and this under the
Constitution and the law. The law direct
'1e 1eVMcef TO receive a ticket, and TO have the
sI,'e recorded on the poll. These are thu
@'ues OF evidence which the law prescribes
etaoilsh the fact that the vote has beer
eas' But the absence OF the requisite EVIL
usLee In al! the m odes req uired cannot in val
a;o lAe vote, III proved by any one OF tht
AIJles lhe law requires. If one writer re.
>.sas tne vote upon his poll book, and tht
| S'Ie4 iaIis 10 DO 30, l presume the vote viii
a. a., oe rejected for the default OF the writer
- ne ueket is furnished and the writers omi
- record, Is not the vote To be received, wheL
aug commissioners certify il WAS castl
a.. .ulhk The sound rule in such cases is this
- 49, or should be shewn TO the right OF suf.
-! 'he iJrm. prescribed 10 protect II should
- pe MADE instruments 10 defeat II, and
eie mere is legal eUtdsnee that IL has beeL
| T.reised In particular m ode, it will not b'
.eeoeu' because all the evidence possible hal
~, oeen furnish TO prove ii.
C'e 'he ease stated in your question, thu
ct'Aissloners - certify, that a GER tain mum bel
w. - 'o.ss ns's cast for the Eiec tors-that a por
fhsi 'Aem were cast without tickets. Still
N1s cast and SO the Commissioners cer-
.ryyn no" cas-! Ftpa roes, IL is to be pre-
~ and the evidence OF the fact must have
fryrn flushed by the record on the poll books
bv mnlcl the Commissioners are requirec
81" 20 make their return. Why, then
lbs4 ihe votes be rejected ! Not because
c-r;,,s were not given, for the Com lissioners
I.asI3 they were nor because there was nc
4 fraIa Evidence OF II, for we must presume
lhs me 'ne certificates the legal evidences was on
mat' pI'i ooo1' The only reason for rejection
unssti, oo, because there were no tickets Ths
~ oh I'm lhea recurs Does the ticket const Il.
car ne vote or such evidence Of lis being
havs s that, without ii, il cannot be proved t(
dos. a~ ooeh given j think / have shewn il
Ao' Constitute the poie.
eanao, ", rIoence OF the vote cast, without which il
To' De esta aidlxhed!
sviss"ef "ef IL is oaly one Of ssessal modes o
oh 4 kI kz1 u