The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-02
REPORT OF THE COMMITTEE ON ELECTIONS.

!
The Committee on Elections submitted the sub.
Joined report in the Maryland House OF Delegates
on Wednesday evening, declaring A. Lingan Jar
rett ESQ.,, to be legally elected Comptroller of the
Treasury of Maryland:
The Committee on Elections TO whom vss refo,
red the memorial of A. l.. Jarrett contestng the
right of VIM. Ii. Purneil to the office of CONTROL.
Ter OF the Treasury of the State of MARYLAND. beg
leave to submit the following report
The memorial charges substantially
lst Ihat at the election held on the End of No
vember, A. d. 1859, for Comptroller, &c, the me-
moriallst received thrty-eight thousand four hun
dred and eleven votes, and that Wm H. Purnell re-
eelved forty eight thousand seven hundred and two
| votes. N wy
I'd. That in the several counties, excluding the
city OF Baltimore, the memorialis received thirty-
three thousand and seventy-six votes and the said
| Purnel thirty thousand five hundred and eighty.
four votes; and of the votes so returned and nro
iessing to have been cast in the said city the me-
morialist received five thousand three hundred and
| thlrty-hye votes, and the said Purnell eighteen
| thousand one hundred and eighteen.
3D. That the election in Baltimore was ILLEGAL
and fraudulent and the votes cast not entitled To he
counted; thaf many persons were permitted to
Vote or SAID Purnell who were not entitled to vote
ana that many were prevented from voting for the
memorialist-by intimidation and violence: that
many persons voted for said Purnell manv times in
many wards; that the memoriast received a large
majority OF the legal votes cast for Comptroller of
the Treasury, and that he is therefore duly elected
to said office. 0''N
In this case, as in that of Kerr u.s. Gather. your
committee determined to limit the Investigation to
the question to whether there was an election in
baltimore city on the I'd of November last The
testimony produced by the contestants raised such
Pr'ma jdcae case of violence and fraud as wouId
I Nltate tne election, and therefore all offers
on the part OF the claimant to scrutnize the polls
10 produce witnesses who voted the Reform ticket
WIN MS name on 1t; to inquire into the peace and
lalrness OF the election in the different counties,
were oVerruled because your committee were cat
IsfIed that whatever may have been the motive which
prompted such offers demands the short nar;od
OF the session would not permit an Investigation of
such extent and labor, and also because the con-
testant, by his counsel, admitted that if the com
mlttee should find that there was fair election in
Baltimore city he would make no claim to the
Office. ~
The Constitution adjourns this House on the 10Th
of March, and the act Of 1853, chapter PA. makes
it our imperative duty to pass upon all contests of
the office of Comptroller. If, therefore, your com
mttee proceed with any seeming haste or vigor, it
is the fault of the Constitution and Laws and not
of the committee or this House.
The same testimony was submitted to US in this
case as in that of Kerr Us. Gather, of which re-
port upon the law and facts have already been
made. Your committee beg leave to reshirp Tho
positions therein taken.
This contest is distinguished, however from the
former, by the important fact that in the election
OF the Comptroller all the voters of the State mar
tfnp
the only question is, whether the contestant bav-
ing received majority of the votes outside of the
city OF Baltimore, is thereby elected and entitled
to the office.
Having already declared in two previous cases
that there was no election in Baltimore CITY on the
I'd OF November last, it follows as a necessary and
inevitable consequence that the vote of the CITY s
not entitled to be counted And if it is not so en-
titled to be counted, the contestant stands with
majority in his favor of two thousand four hundred
and ninety-two votes Omitting the vote of the
city from the count, and the contestant standing
with this majority of the fair and legal votes in his
laVor, your committee are impelled to the conclu-
sion that the claimant (Wm. H. PurnelN has not
oeen legally elected to the office of Comptroller
and that he does not rightfully hold the same.
and further, that the contestant A. L. Jarrett}
mas peen legally elected to said office, and that he
is rlghtfully entitled to the same
10 legislate one man out OF office and another in
Is very grave and responsible exercise of copsti
tptlonai power; but its gravity and responsibility
snould De no objection to its exercise when the
and demands it. '"'1e"
The entire vote of the State for COMPTROLLER was
elghty-seven thousand one hundred and thirteen
The vote of the city of Baltimore was twentvth
thousand four hundred and ifty-three, which is
more than onefOurth and less than onetbird of thn
whole number of votes which were cast at the cleo
ton. 1t will therefore be observed that we declare
the right of the contestant to the office unon fair
count of nearly three-fourths of the entire vote
cast. ~
Inc law OF the case is plain. Although fully laid
down IN two previous reports, it is again repeated
Inc law OF the case as here stated has been here
toore published
The law is, that at any election where the vic.
lence and intimidation is so great as to strike ter
tS tpr lnto !he mind OF man of ordinary firmness
the election will be held absolutely roid cihou ref
erence to the number Of rotes MereJy affected
AS your committee observed in a preyious re-
port, rigorous construction of the law would per
maps nave compelled the House to admit the con-
TESTING dplpO1tps tba oii DolI:
the vote of the eighth ward where peace and ouiet
and fair voting reigned but the vote of the eighth
ward being so largely the minority vote of the eitv
such precedent.
Your committee would not be understood as in
terpretng the law in the last mentioned case or
any other, to make the admission or reiection
OF contestants to depend upon the fact that ma
ority or minority of the votes being left after the
expurgatlon OF violence, but simply as exemptinp
the previous cases from the rigor of the law, be-
cause OF their anomalous, peculiar and unprece-
dented character. In this case the facts reverse
the position of contestant and claimant. The
contestant has received (exclusive of the city
OF Baltlmore) majority of two thousand four
hundred and twenty-five votes of all those enti-
tied to participate in the election 1t was an
election in which all the voters of the State
cast their ballots, and was not confined, as the
two previous cases, to the municipality of Balti-
more.
Your committee cannot concei that the whole
people of the State should be deprived of their
choice their fair and legal choice-because Balti
more city or any other considerable or inconsider
able portion of the State should present itself
in such attitude of violence and atrocious
wrong, on the day of election, to vitiate its own
act and preference. If such principle were as
serted and carried to its logical consequences the
city OF Baltimore, or any fractional part of the
State, no matter how small, might defeat at any
time the wish and choice of the majority bv riot
and disorder. Other consequences of an equally
grave and deleteriOus character might occur from
so important modification of the law of cleo |
tions, as it has been handed down to us from re-
mote times
Your committee, realizing the full extent of the |
responsibility resting upon them and this House. in
the determination of this contest submit the follow
ing resolution
Resotred 6y the House Of Delegates of Maryland, |
That 1T appears to the House that there was much
tumut, riot, intimidation fraud and injustice at the
election held in the city of Baltimore on the I'd of
November last, in contempt of law and in violation
OF freedom of elections; that the said election, so
far as the said city, is void, and that A. Lingan |
arrett, having received majority of 2492 of the
legal votes cast in the State of MARYLAND on the |
said I'd day of November for the office of Comptro-
ler OF the Treasury of the State of MARYLAND be- |
and he is hereby, declared elected to said office
GEORGE FREANER,
Chairman of Committee on Elections
c. A. HARDING,
G. W. GoLDsBoRoUGH,
G. H. GORDON,
GEORGE Fl. MORGAN.