Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1865-12-05
JUDGE, KRNNBDY's NOTICE OF eeNTksT'
no MR.. HALL.
CHARLEsTewN, W. Va.
November 2S, lS65

1 wy JO0S hAb L II SOul6 NOul IlSubU " De-
commissioned and hold tho office of judge
of the 10th Judicial Circuit, in the State of
West Virginia, for the following reasons,
1st-That at the election held on the
26th day of October last, l received a ma
jority of all the votes legally cast for Judge
of the said 10th Judicial Circuit.
2nd.-That the said election was held to
fill the unexpired term. caused by my removal
by the Legislature, and that [ was commits
stoned by the Governor Of West Virginia as
Judgs Of the roth Circuit in said State.
which commission recitcs the counties CONS
posfng'said Circuit and that Jefferson and
Berkeley counties arc not named in said
commission.
3Fd-That the said counties of Jefferson
and Berkeley are not constitutionally a part
of:tte 10th Circuit.
4th.-That the Legislature had no author
ity from the constitution to add said counties
to'that ~circtit, but that they were expressly
declared to'be a part Of another circuit known
as the 11th' J judicial circuit.
5th.-That if the aforesaid counties are a
part of the 10Th Judicial Circuit, [ received
a majority Of all the votes legally cast at said
election.
Gth.-That by the Constitution of the
State Of West Virginia "thc white male ci>
t!zens of the State shall be entitled to rote
at all elections held within the election dis
ericts i'll which they respectively reside; but
no person who is Il minor, or of unsound
mind, Or Il pauper, or who is under convic-
ton of treason, felony, or bribery in an elec-
ton, or who has not been Il resident Of the
State for one year, and of the county il which
he offers to vote for thirty days next pre-
ceeding such offer, shall be permitted to vote
while such disability continues" That citi-
Zens of this State are citizens of the United
States residing therein. Article 1st,. See. e.,
Con.
That by the act of18G3, sec. %, page 49,,
the supervisors and in jpectors at cVcy c&ec-
tom $h0tt permit 0U persons to vote, accor-
ding 10 the LIST section of the Bird article OF
the Constitution, and this law has never been
repealed, and is still the law OF the State; but
that Notwithstanding the Constitution and the
law thus impcrutiveIy declares who shall be
entitled to the rights Of suffrage. you, then
being Attorney General OF the State, and at
the same time Il candidate for the Office Of
Judge in the said circuit ut SAID election, did
pronounce your opinion in writing, publish
it, and have it circulated throughout the en~
tire circuit, (backed by Il proclamation from
the Governor, declaring said opinion to be
binding in the absence Of any decision by the
OOhlI w ApICiIS,J III uiCu Sd.l OI!llpl
YOU, as Attorney General, pronounce IL law
passed at the last session OF the legislature
known as ''the Test Oath Law" to be con-
stitutional, and that the supervisors and i'll
spectors of election were bound to cxccut, it.
l therefore charge that this was IN I'M
proper, and, under the ]circumstan ccs, an I'M
just!fiable attempt to influence the suPcrvi-
sOrs and inspectors of election, to obey It law
in direct violation Of the Constitution they
were sworn to support. That it did so in
tlucnce many Of SAID supervisors and inspec-
tors, aud caused them to reject many legal
vOtcrs-probably more than two thousand in
this circuit. That it distranchisc | many vo-
ters who could fairly take said oath, but who
would not do so because they deemed this
test oath an unconstitutional law and one
which the legislature had no right to enact.
7th.-Thatt the vote of jefferson county
was cast for me by a majority Of Isl votes.
See inspectors returns OF said county.
8th.-That a portion Of the Board of Su-
pcrvisors of said county, without authority
Of law, threw out and refused to count the
entire vote Of Charlestown township number
ing in all 2G7 votes, Of which 265 were cast
for me.
9th.-That one of said supervisors. Mr..
Daniel Cameron, served as Il volunteer in the
SDS my -lN ' lISllAl 4tSS4llCIl3 lJllC
wall Brigade; and that another, Mr.. Potter
field, was a deputy Sheriff for Mr.. Rush,
who was dedicated before the people for
Sheriff, and therefore directly interested in
throwing out and refusing to count the vote
of said township. And that Mir. Rush was
thus declared elected Sheriff Of said county.
10th.-That said Board threw out and
refused to count many ballots cast for me
which were printed on colOred paper, contra
ry to the provisions Of the Constitution,
which, while it prcscribes that the vote shull
be by ballot, does not prescribe its color.
l1th.-That at Char!ine and Shepherd
townships in said county about 100 voters
more or less, who offered to vote for Inc were
rejected by the inspectors, and although they
were requested by said voters to record their
names upon the rejected list required to be
kept by the act of 1868, said inspectors rcfus-
ed to record them, saying "they meant to
have no after claps." l charge and am pre-
| pared to prove that about 100 other voters
who would have voted for me, were thus de-
tered from exercising their right ofsutfrage.
\ list of those whose ballots was refused en-
try upon she rejected list is fled herewith,
marked "eXhibit y" and made part Of this
notice. ! shall contend that these votes
must be counted, or that the election held
at tHeSe Two PrccihciS, IN consequence OF
said refusal OF the inspectors, is Il nullity,
and should not be counted in asccrtaining the
general result.
l2th.-'?hat at Avcr:ll township, in said
county, Sc votes were cast for me, and placed
upon the rejected list, which were not count
ed for me by the said inspectors of election.
13.-That in the county of Berkeley the
election in several of the townships was con-
Quoted amidst scenes of great personal vio-
lence to those who sought to exercise the
right to vote for me and against you. False
representations had been made to General
Emory by persons holding Office in that
county, and who favored YOUR c%lectinn. such