Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1864-11-10
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New York Soldier Vote Frauds,
Startling Developments.
Testimony before Military Commission.

2 brings report OF the opening proceedings
in the case of EDWARD DoSAHUE, jr, one of
the persons arrested for participating in the
INDUSTRIOUS attempt of Gov. SEYMoUR's agents
at Baltimore, by forged and fraudulent bal
lots, manufactured by themselves, but pur-
porting to have been given by the New York
soldiers, to carry the Empire State for Nc
CLELLAN.
In order to understand the case It is neces-
/ sary to explain how the votes of the New
I York soldiers are taken. The law extending
the right of suffrage to them was purposely
drawn so that itsheuld afford every opportu
nifty toany 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
plex. 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 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, Oh the out.
side of which is printed, "Soldiegs' 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,
1 tearing it open, examine the papers and count
the ballot. It 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. affidavits, 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.
THIS is precisely ac1tat has been done! 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 DovA-
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.
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 personating of soldiers
now in the volunteer service of the United
States and signing their names to the election
f blanks, fort 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
l known in what court to try the prisoner
4 The crime was not committed in that State
consequently the State Of New York would
have no jurisdiction. On tba other hand, i
, is not a crime against the State of Maryland
1t is neither a common law crime of forgery
4 which requires that it should be for the sake
I of gain or money, nor is it statutory crime
! in Maryland. 1t is not a crime against the
3 civil laws of the United States. 1t is not
> common-law forgery in the United States
6 Hence, if a military court have no power tt
4 try the case, it cannot by tried at all. TIL,
5 act of the State OF New York entitled "Al
act to enable qualified electors of this Stat
: absent therefrom, and in the military service
L of the United States, in the army and navy
5 to VOTE" is only intended to be a law in tim
of actual war, when quasi military law is tn
q law of the land. This crimes goes directl
= to the efficiency of the service.
o The deprivation Of soldier of his right t.
vote, the knowledge that he was defrauded O
o it, would have a demoralizing effect. If hi
6 false vote be received at the polls, his tru
6 vote when presented afterwards will be re
Y jected. The very foundation Of a govern
3 ment which guards the rights of citizens a
h electors is by that act attacked, and the onl
:, mode in which the offence can be punished i
Il by the military authorities.
!, The offence is to a great extent a violation
| of General Order No. 265, which command
| officers to take measures to secure the free
. dom and fairness of elections, and to see tina
e they shall be conducted with due regard t,
|, good order and military discipline Wha
! greater attack on good order and miIitar
discipline than this?
The court decided that it had jurisdiction
in the case.
WOODS TESTIMONY.
= Mr. Orville K Wood was then sworn OF
| the part of the Government Resides a.
> | West Chazy, Clinton county, New York is
). merchant came from Baltimore as the agen
l. of the Union Committee of his county, t.
assist in procuring soldiers votes in this city
! He visited Fort McHenry, and there met Cap
tain McDermott, of the 91st New York regi
: ment, and several soldiers from Clinton coun
| ty; stopped there two or three days; il
;. conversation with Captain McDermott in re
laton to the voting of soldiers he remarked