New-York daily tribune., 1863-11-21
Hoard Of County Canvass~rs.
Tmg sUPERIoR Court JUDGEsnIP.

1Hk SlfEhloh S't ~ SiV'tSHH'
This Board met at 10 o'clock Thursday morn.
ing pursuan, to adjournment. Supervisor LITTLE in
tie chair Tie nierc.i manifested IN ;ho settlement Of
the vote for Judge o the Superior Court drew together
large crowd which completely lied the lobby. Mr..
puRnY said that there were emnou, counsel present on
behalf of Messrs Boswor,h aad McCunn. and hc sug
eesied that before they we're heard. that Tie legal
edv.cr Of the Board 4 Surervisor should b. sent for
"a whic N. chair sad q u there could De- on.
Nj TNEfD tl~n read fIom tie statute Tie clause tlAt
n returns of figures from district canvas-cr- Should ~
ttcn In fu md ho wished io know through the
chair whether tie County ~ere IA nsuTes
or written out.
Tho CuIK replied ihai tie return, were written ont
Nj IwFiD Inquired what the casr With regard
20 tho rct4rus de hands . To Counts CAM lseTs
Mr WTss,As replied iAal tie Tctlrna Se!o ia igufcs
lir Iwi,p said apparent. then that the statute
LaI been yulafsd. and he therefore moved That t' ic
turns be cent haSk fr CORRECTION
NJ GIanAM Counsel for Judge Ho~wori) rcmhrl sd
ihat the eTT ascicly ate,Aalc4 one and 30. q" such
character to warrant tie returns beng seii back
Arer some difcnsslnu. motion vas carrier
ilat counsel d. heard pro sAd coa. md that
tvo l.luls b. allowed TO each side. l1fh sdos
claiming The ilgit 10 "ptn and cose TO cass'
iie settlement ~ Wlich POINT w. le' 90 TIE Af1l ~
wiser 10 decide but ahcT waiting sonc time, and Mr..
peyn NOT making bic appearance tls IofFl dirc'.,d
NJ Graham g. proceed oa h Aalf q Justice IosNoEih
Mr GpAgAN iu opeflrg fnid II did Aui rrtetA4ly
ow That De de- lsOu Il the ln4Td 81 tAuylfers vaA
final fur should Justice osWoil obtain the ocrthcae.
Judge Mo- had The flt 70 contest the matter H.
or them 10 decide whether they l,d night 10 correct
return which Vas perfect uj"u It's face. II tie
matter was ever brought hcflre The courts 81
they would b. sho Ia prove was that ucActs
veis voted with Judge NoCuun's rAmo struck
o. and that Of Justice liosworth substituted.
The only reas0n Why "a correction of Ito rcigTn was
urged Was lcoausc Judge NccGun had received votes
elfcVhere IL Was We. Known pFcyioss % the election
Tat tho contest between Tie tao cnndidai's "oHH D.
cdinrly close ana De Noull ssA sheiL'r or 10.
tho returns from tho disiric, an question might not
rurtoseiy have been Kept back fr The pgrpnto ol
making up any deficiency that might De found 30 eas
Aud he warned tie Board against making sny pfc
ceicnt Ike The one prop.lcd lie ilen quoted dec.
son - tie Court ~ Appeals 10 the effect that ile
dutle. IL the Board u Cai'assers we're merely minis
ieIia and argued that they cod only loos at tEs fact
- It appeared on tie returns: Ar. oTaAain
coutendef that MI Tie Board could DO wIs a. count
the returns and nothing more. their duties being
merely II a mechanical nature There was nothinR on
lhe rotrrn 10 chow ilAt Judge MoCgnn had received
single vote In the dnTct 10 question, and nc bol4u
had ght o. presume that lie Lad hs on tie inn!e
t might be presumed that come one else had
been voted ,or Nj G.. then referred 10 numerous de-
csons TO the effect that returns which appeared Prrd
fseia be correct could not be- sent bach for alteration
OF correction. lie would s.A what excuse Was made
by tie District Canyasser for failing % perform er
duty. Were they intoxicated, or did they delegate
thor authority t. some one clrci IL would be neces
sary 10 examine many witnesses 10 ascertain the con
dion Of tie caAyassers the night u tic election
and that could only be done properly before judicial
tribunal.
tions similar the under consideration had already
been decided by the highest Courts in tho country snd
under on the crcumtanoos he believed that his client
Una ent tied 10 a certificate Of election.
MI CLINTON tcOunscl for Judge NcCunn) tcn ai'
dressed the IOard and sad that they gave the ccrt
cate Justice B0sworh instead OF sending tho returns
back ior correction they would open one of the greatest
doors fJr fraud that existed. He said II was
strange that in tie only district where hcCunn had no
opposition in bis own party. and where his ticket "ss
generally voted le should get no votes at OIL af y.
read from a decision Of the Court Of Appeals to show
fiat while the powers of tie Board weIo mnisteral
aiil they might exercise judicial functions IL was
their duty 10 ascertain Tie VIII Of majority oi ue
voters ~ expressed through ,hc balotbox aud 70 cor
rect clerical other apparent crrOrs where corrections
could be fairly made in lhe casc before the Board.
The CHAnimAN asked how the Board WIS To Iho"
what omission there was, II any.
Mr.. CLINIoS replied that hc had IN tndhIit OF tnc
Pol Clerk Of the district in dispute, setting iorth nm
Judge McCunn IoceI ed l7J votes, AID he affsed ''
lgeIe cns that none should b. given 10 McCnnh' sf.
Clinton in concluding conicndcd that II an error W.
made IL should BE- the side Of uh' anu III peli ~
the great principle that mnjoriiics ana NOT toch''"
lies rule IN the election of men 10 Once ,,.c,,
Nj CHATIIIfD also spoke IN favor oi Jnuse h'I % & hn
arguing az considerable length ihht nis cen, n, ~
voted for IN the Xth District Of tho Il&il Nh'd. ~
cited many 70 show that errors IKE this .ou ~
corrected and insisted that counsel on inc vtneI suo
were afraid Of allowing the vote as gNrI, 10 ~ Vu 60
yasscd. II was simply ridiculous TO ray ii't a,c'"
might 20 10 Court lie had no reason 10 90 there IN
concluding he offered 10 bring forward testimony tol
prove the omission of the vote claimed. . .,,so,
WM. CURTIS NOlis said that be appeared ns c"uh,c'
for Justice BCsWorth. who WIS continued III JIM y,
the record before them. He argued tnt ihs wa, io
proceeding io elect. but one IA discover no u
The danger likely Ia arise from correction o 'nc 70
turns in 80 important particular could h"i DC o''t
estimated. Mr. Noyea then related Inc h]ihp,' J"
which the canvass should r mndo d6 tHHo. and pro
uounccd the amended return false ~ every l'ft'unI
charging that IT was cornpty made IL The inioos'o %
a particular party. a., r..,,el