Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-11-12

monstrous attempt of Gov. SEYMoUR's agents
at Baltimore, by forged and fraudulent bal
lots, manufactnred-b themselves, but Puf-
porting to have been given by the New York
soldiers, to carry the Empire State for NC
In order to understand the case it is neces-
sary to explain how<the votes Of the New
Yorl~seldiers are-taken..,.-The law extending
the right of suffrage to them was purposely
dyaYnssQ that tshould afford every opportu
nifty to any who might be base enough to forge
ballots for party purposes. 1t was openly de
clared that Governor SEYMOUR would veto
any bill passed by the Legislature unless it
accorded in all respects with his own views;
and, as the Union men had not a two-thirds
majority, they consented, in an evil hour, to
pass the bill which the Democrats offered
them. "Half loaf" they thought, is bet
ter than no bread" The statute, as it stands,
allows any soldier, for sixty days before the
election, to send home his vote; whereby it
comes to pass that mans vote may be count
ed at the poll while he himself is dead and
gone. The routine prescribed is very com
pick. A power of attorney must first be
signed, witnessed and sworn to, empowering
some one to hand the ballot to the Inspector
This, with the ballot, must be enclosed in an en-
velope, on the back of which is printed the or
binary affidavit of a voter, that he has resided
in the State one year, in the country three
months, is of lawful age, &C.. This envelope
is sealed and enclosed in another, on the out
side of which is printed, "Soldiers' vote,'
and which is directed to the person delegated
to cast the ballot The party so delegated,
on receiving the package, tears open the out
side envelope and keeps that inside until cleo
ton day, when he casts it. and the inspectors,
tearing it open, examine the papers and count
the ballot. 1t will readily be seen how very
easy of commission and almost impossible of
detection is fraud under this system of ascer-
tanning the soldiers vote. Smith, Brown,
and Jones sit down together and write bal
lots, afidavitsy and powers of attorney, tax
ing some little pains to vary their handwriting
from time to time, one personating the officer
before whom the oath is taken, another the
soldier and the third the witness. They
make ten thousand or twenty thousand bal
lots and send them to all the large cities of
New York State, where the population is so
large that the fraud cannot be detected.
There is no possibility of detecting the for
gers, and the result is the State is claimed for
MCCLELLAN by an overwhelming majority.
7hisis precisely aolat has. been donei A timely
detection however, has thwarted the mon
strous villany.
After this explanation, we subjoin the
principal part of the proceedings before the
military commission, at Baltimore on the
2Sth ult.:
The Court met at about l O'Clock. DoNA-
HUE, the prisoner, objected to its jurisdiction.
He plead guilty to the charge of having sign
ed certain blanks with the name of G. S. AR
THUR, Captain and A. A. G., but alleged it
was no crime, for the reason that it did not
appear that there was such an officer in the
service. He also claimed that a military
Court had no Jurisdiction in the case. 80
Judge Advocate Foster said :: 1t is my opin-
| ion, the court has jurisdiction of the case,
for the reason that the crime, as alleged,
was committed by the personatipg of soldiers
now in the volunteer service of the United
States and signing their names to the election
/ blanks, for the purpose of defrauding soldiers
of their votes. The offense is not against
| the State of New York. To constitute a
| crime against the State of New York the of
| tense must be committed within the State.
| This crime was committed within the State
/ of Maryland. If the State of New York
were to attempt to punish it, it would not be
known in what court to try the prisoner
| The crime was not committed in that State,
consequently the State of New York would
| have no Jurisdiction. On the other hand, il
is not crime against the State of Maryland
| 1t is neither a common law crime OF forgery
which requires that it should be for the sake
of gain or money, nor is it statutory crime
in Maryland. 1t is not a crime against the
4 civil laws of the United States. 1t is not q
common-law forgery in the United States
Hence, if military court have no power to
try the case, il cannot by tried at all. The
act of the State of New York entitled Gar
act to enable qualified electors of this State
| absent therefrom, and in the military service
of the United States, in the army and navy
| to vote" is only intended to be a law in time
of actual war, when quasi military law is the
| law of the land. This crimes goes directly
to the efficiency of the service. lsa.s -
The deprivation of soldier of his right tC
vote, the knowledge that he was defrauded o.
it, would have demoralizing effect. If hi,
false vote be received at the polls, his true
vote when presented afterwards will be re
jected. The very foundation of govern
ment which guards the rights of citizens as
electors is by that act attacked, and the only
mode in which the offence can be punished il
by the military authoritiess tr.ir
i The offence is to a great extent violation
! of General Order No. 265, which command.
4 officers to take measures to secure the free
dom and fairness reflections, and to see thai
they shall be conducted with due regard tC
good order and military discipline. What
greater attack on good order and military
discipline than this I? Ew - q
1.-The court decided that il had jurisdiction
| in the case. 4 f.li"d -
| 1T - MI ~ w. t.l iiHH ~ tsi "a
| WOODS TESTIMONY. .B,.s.,e
Mr.. Orville K. Wood was then, sworn Oh
the part of the Government Resides at
West Chazy, Clinton county, New York :, is q
merchant came from Baltimore as the agent
of the Union Committee of his county, "a
assist in procuring soldiers votes in this city
He visited Fort McHenry, and there met Cap
tain McDermott, of the glst New York regi.
= ID coldiarc from, Clinton