The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-12-01

ticket But when he receives and records tho
vote without ticket being furnished. Is IL
just to the voter. when the day 10 passed fer
the exercise Of his right-which he su puosed
he had exercised-to defeat IL for the want Of
ticket not made essen tial ct the ti,ns1
j am, therefore. of opinion that the yotss
snonid De received referred to in your first
question.
A case somewhat similar. from Loudoun
county, was telegraphed TO express an opin-
ION upon to the Commissioners at the late
eiectioh. In that case tickets were furnished
out, though the names OF the voters were re-
corded, no mark was put under the Electors
voted for, whose nance, however, were On the
tickets
Ii that case the evidence by tickets was
compiete-that by the poll book was wanting.
decided the votes were good. upon the legal
evidence furnished by the tickets. The votes
were not bad because though one proof was
furnished another was wanting. SO in this
case, L say, though the proof by tickets be
wanting. yet the other mode OF proof is fur
nished-and it is what the law has made one
OF the modes by which votes are TO be authsn-
ticated.
ID, Sd. 4th Questions.
These questions present cases of hardship,
which fear there may be no time to relieve
w hen the Commissioners returned that GER
tain persons were voted for as Electors and az
matter of notoriety some OF those voted for
were not candidates, (there bel az slight yaria-
lions in the name, the only mode of TectifyinE
the mistake would be to call for the tickets
to obtain them.
We must lean strongly in favor of the right
OF the voter to vote. We must strive not to
de.ea. IL by technical or formal objec tions-
But, where he has voted and for q man bear.
Ing name which the voter desiguates the
questI you PROFOUND is, shall we presume
he did not mean To vote for man bearing the
name he designated, but for another person
bearing slightly different namel l may, by
changing his vote thus promote his real pur-
pose but might not thus, defeat his right,
and usnrp it to myselfl 1 am of opinion, that
when the commissioners certify that q person
by one name was voted for, il is nos compete 1t
for the officer appointed to decide to declare
person OF another name was voted for, or to
declare otherwise than the certificate war
rants. The law declares
SEC. 40 From the returns so made out, and
transmitted 10 him, the Governor shall asoer-
tam what persons are elected, and make procla-
ton OF the tact.'
This law shuts up the Governor to the re-
turns, aud he cannot go beyond the returns so
made out, TO presume Il mistake in them, TO
be lp what ali may really believe WAS the pur-
pose of the voter.
For example, certificate states that John
Sules received 50 many votes. The Governor
knows James Stiles was a candidate while
10 one ever heard that John Stiles was. But
non conStat the voter may have intended to
vote for j ohm Stiles. Who can take the n hberty,
after the poll IS closed and certified by the
proper officer, of changing it-of making the
voter vote for a man he did not vote for, upon
presumption that he must have so intended
| Upon this view l think the votes certified
must be counted only for the person whose
naIne ls recorded as having recei we'd them.
| If IL be said that some name was voted for
| which is borae by no person known to the
| Governor, still II does not follow that such
| person does not exist. Butif no such per.
son does exist, then the vote is void.
| Where the initial OF the middle name is not
that of ali Elector on either ticket usually
| voted for, the question is solved by asking. Is
| the name voted for that of the name most like
IL on the ticketl IsA. =. Smith, A. e.. Smith
Dan the latter claim vote cast for the tor.
| mers He can only do so by showing the voter
meant to vote for him, and how can that be
done now
| think such vote cannot be counted, ex.
cept for man answering TO the name desig
ma ted and not for one whose middle initial Is
| different.
| think, however, the addition of Junior OF
| senior is no part Of the name, is different, and
| that the vote may be counted for a man who
| is a candidate who bears the Rame designated
| by the voter.
| When the christian or sir name is stated diff
! farently from that upon either ticket, do no
| see how it can be counted for the candidate or
| the ticket.
| 5th question.
II / understand the case intended by thi;
| question, 1t is this 1t not appearing whether
| tickets we're used or not can a poll opened
| for candidates for President and Vice Presl
| dent be received, in determining who have
| been elected Electors to vote for persons TO I'll
| those Offices
l answer in the negative. The polls are t.
| be opened for Electors for President Elector
| are TO be voted for. If it does not appear tina
| Electors were voted for, the poll is OF no va
hdity, and cannot be counted, because it show
| no legal votes for persons to be elected.
l have thus hastily stated my opinion upoI
| the questions presented, and regret that
| want Of time compels me TO do so more hur
| riedly than / could have desired.
sm, respectfully, your obedient serv't,
| J. r. TUCKER