Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1864-02-17
CLEAREIELD, Pa, WEDNESDAY, FEBRUARY II 1861

ize an oath to voters of doubtful loyalty,
and although it appears, from the tenor
of his reply, that the oath suggested was
nothing more than an oath to support
the Constitution Of the United States
he refused to order it, saying to them,
among other things, tie Constitution and
lars Of Nayyiand proride for the exercise u
tie elective franchise BY regulations wuh Chtch
/ hare no right 10 interfere" copy of
this letter, dated November Isl, 1861,
and addressed to the judges Of an election
district of Carroll county, is herewith
communicated, and commended to your
attention.
Had the department commander who is
sued the recent order taken the same view
of his duty, it would, in my opinion, have
been a fortunate conclusion Of his military
administration, which had been previous
ly distinguished by marked ability and
success. So far however, as regards those
more Immediately conDected with the
preparation of that order, it will doubtless
appear, should its unwritten history ever
be published, that the commanding gen
erll deserved less Censure than those who
InsLigated it, and whose influence he prob
ably yielded the more readily, as such in
stigatons came partly from our own citi-
zens. Such a consideration, however, is
by no means calculated to diminish the
danger of such precedent. If men in
terested in accomplishing certain polti-
cal results can by any influence enlist in
their behalf such a tremendous instrument
Of power rs was here employed, no cleo
ton will probably ever occJr in which the
same means will not be again attempted
You will perceive by several Of the com
rnunications have received on this sub
ject, that ] have been appealed to, to
withhold commissions or certificates Of
election in districts where these abuses
were practiced. | possess, however, no
such power, my duty in the premises be-
ing simply a ministerial one consequent
upon the official returns Of the judges of
election. So frequent were the appica-
tions to me to this effect that deemed il
a proper subject for legal advice, and hay
ing consul ed the Hon. Reverdy johnson,
he forwarded to me q written opinion
sustaining the views ] had entertained,
and a copy ofNhich is herewith furnished.
1t becomes you to consider whether there
is any remedy within your power by which
such proceedings may be in any degree
restrained. The Constitution declares
that all elections shall! be by ballot, and !
would earnestly recommend that you Sc
cure the benefit of that provision by an
eilcctual prohibition Of all such marks up
on the ballot as are calculated to expose
its contents or distinguish one ballot from
another. If by use of coiOred paper or
other means of designation, such exposure
is effected, the whole object of the CoEsti-
!utional requirement is defeated. Again,
if that provision of our aw which has so
long existed aud been so universally con
sidered as one Of the safeguards of free ell
ections, which iorbids the mastering cl
armed troops in the neighborhood of the
polls, he indeed no longer admissible or
appropriate to our condition, it should be
repealed, or otherwise YOU will see the
propriety Of adopting some provision
which shall if possible, cause it to be res
pec,ed 1t might, probably, be accom-
plished by requiring the judges Of election
to certify in their return that no military
or other armed force had appeared at the
place OF voting or ln'er!ored in the ejec-
tion, and maling such certificate condi-
ton to any executive action thereon.