Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-08-04

above mentioned eight returns he noted the
oplectlons which presented themselves to
his mind. LII your committee should con.
cede that the prothonotary has the power to
determine what returns he can certify to the
return judges and what not, then the pro
thonotary OF Adams county did so diter-
mine, and certified all the returns subseauent-
ly rejected by the judges, save one Whetk-
er he had taslS power, is, to some extent,
answered BY the action Of the judges them
selves gseen they appear to consider it their
duty TO reject this return, partly for the rea-
son. that he had not furnished them with
certified copy of it.
be- however, did pass his Judgment upon
these returns and certified them, as has
been stated. What then was the tl1ty of
the return jndges2 To reject said returns Z?
clearly not, unless such returns were $50 de-
tectIve as to prevent the same from
being understood and computed in adding
together the number of votes
do the reasons given by the judges, for
the rejection of these returns, show that
they We're SO defective as to prevent them
from being understood and computed? If
| not, then the act Of Assembly requires they
should be considered, and the prothonotary
having furnished the judges with a certified
copy OF the return of the votes transmitted
" AAAAAJ GENr cnphlQ u GlulffdIe
them. 4ouF committee submits, that not a
reason given by the judges, for their action,
shows that they were unable to understand
these returns, or unable to compute the
votes cast
The only reason looking that way is that
given Tor the rejection of the return from
company *, of the One Hundred and Eigh-
ty-fourth regimeRt where there was voter
| from Franklin county, aud the reason given
| for the rejection of the return from company
| b, OF the Twenty-irst cavalry, where there
were more votes cast for Congress than there
We're electors of Adams county. But il will
be remembered that Franklin county was in
ciuded In this Congressional district and an
examination of the returns win show that all
the electors voting in company b, of the
Twenty first cavalry, were residents of the
Congressional district, so that in the opin-
ion OF your committee, no difficulty need
have been experienced by the judges in under
standing these returns, or in computing the
number Of votes cast, as the discrepancy only
existed upon the Congressional question.
Your committee, therefore, cannot help
but feel, that had the judges been as anxious
to perform their duty, as they were to reject
the votes of fthesedefenders ftheir country s
honor, they would not have disfranchised
two hundred and eight voters.
One other matter in connection with the
conduct of the return judges ofAdams county
your committee cannot pass without motto
ing ltappears that certain members of the
bar of that county thought it proper, that
the judges should be apprised of the legal
questions which might arise in the course
of their deliberations They accordingly
consulted among themselves as to the pow
ers of the judges, and eorresponded with
United States, J. M'Dowell Sharpe. Esd.
of Franklin, and o. K. Shannon, ESD, pro-
| thonotary Of Bedford county, upon the same
subject. Having, apparently, arrived at
satisfactory understanding, they held a
meeting lf the fourteen Democratic Judges,
at hotel in the borough of Gettysburg, On
the morning of the day fixed for the return
judg5s to meet to count the soldiers votes,
but before they formally assembled. No
Republican judges were present at this meet
ing, yet the objections to certain returns
were fully stated, and freely discussed
These gentlemen of the bar gave their opin-
ions professionally to the fourteen judges
thus assembled, and the action of these jud-
ges when the full board met, corresponded,
as Mr.. MClean states, with the views ex-
pressed at the consultation. The same
witness states,, it was understood, that it
was not proper for persons outside to discuss
questions before the board, and that there
would be no opportunity of affording counsel
to the board during its sitting. And yet,
strange to say, it did not appear improper
to any of these gentlemen concerned, to dis
cuss these various questions In this sec
pdrfe' manner, without afEording those who
might differ with them in opinion, an op-
portunity to reply. If this course,was prop
er, your committee is at loss to see what
improperly there could have been in presen-
ting the same views in an open and formal
meeting Of the board.
IF the judges had been seeking simply af-
ter information, and been actuated solely by
a desire to discharge their duty, it would
have afforded less ground for suspicion for
them to have heard openly and officially
what they considered themselves justified in
hearing privately and individually.
Such course of conduct on the part of
public officers, shows clearly the want of
proper appreciation of their official duty ,and
those who advised such a consultation, must
have doubted the strength of their cause.
Your committee also called before them
citizens of Westmorelaud county, to whose
testimony the attention of the House is
invited The prothonotary of that county
pursued different, but equally as extraor
dinary and illegal a course as the prothono
taries of the counties of Bedford and Adams
He declined to certify copy of the return
Of votes from and by the soldiers, as directed
By the act ofIS64, but sent before the return
Judges the returns themselves. The said
prothonotary was proven, before your COM
mittee, to have had an interview and under
standing with certain attorneys of the town
of Greensburg, one of whom was a return
Judge himself, and became the president of
the board on their assembling. The evil
dence shows that, under the direction of
this president, some twenty-t two returns of
votes from the soldiers in the field were
thrown out, and that for mere informalltles, |
specially provided for in said act OF 1864
The evidence further shows combinatlon |
and party arrangement to reject SAID returns, |
and further shows that through some manage |
merit the minority ofthe judges were induced
to sign the necessary certificates, before the |
result had been ascertained, or before any |
action or decision was had on any question |
relating to said returns This action, the |
minority of said judges had no doubt after |
wards Of being designed trick and advan- |
tage taken of them, and your committee
may add that they have no doubt OF the
same.
Upon careful review of all the facts
deyeloped by the examination of the COM
mittee' we have concluded that further legis- |
lation is necessary, to protect the soldier In |
the exercise of the elective franchise. our
committee report herewith oil, which, Ia
their Judgment, is calculated to secure the |
end contemplated by their appointment.
Il LII