The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-12-06
Judxe Kennedy's Notice Of Csnscs' 70
-, = Mr.. HALL
CHARLEsrowN, w. Va. ,
November 2S, 1864 q

a.E. b.. 81 November 90, lOUo.1 -
Hon E.B. HALL--Sir-I hereby notify
von that will contest your right to be
ccomn,;ssioned and hold the sffice of
Jndoe of the 10th Judicial Circuit, in the
State of West Virginia, for the following
reasons:
lst.-That at the election held on the
Goth day of October last, received ma
iority 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 1
was commissioned by the Governor OF
West Virginia as Judge OF the iOtn CIR
cuit in said State, which commission re-
cites the counties composing said CIRCUIT
and that Jefferson and Berkeley counties
are not named in said commission.
3rd.-That the said counties OF Jeffer-
son and Berkeley are not cOnstitutionally
| a part of the 10th Circuit. t
4th-That the Legislature had no au-
tbority from the constitution to add said
counties to that eircuit, but that they
we're expressly declared to be part of
another circuit known as the 18th Judi
cial Circuit. -a,.
5th.-That if the aforesaid counties are
part of the 10th Judicial Circuit, re-
ceived majority of all the votes legally
cast at said election .EEe 3E.Es
eth.-That by the Constitution of the
State of West Virginia "the white male
citizens of the State shall be entitled to
cote at all elections held within the cleo
ton districts in which they respectively
reside but no person who is minor or
of unsound mind, or pauper, or who is
under conviction of treason, felony, or
bribery in an election, or who has not
been resident Of the State for one year.
and of the county ia which he offers to
vote for thirty days next preceding such
offer, shall be permitted to vote while
such disability continues" That citizens
of this State are citizens of the United
States residing therein. Article LIST, See,
6, Con.
That by the act of 1868, sec. "a, page
Il9. the supervisors and inspectors at
ere,y election shall permit all persons to
vote, according to 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law has never been repealed and is still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 nOtwith-
standing the Constitution and the law
thus imperatively declares who shall be
entitled to the rights of suffrage, you,
then being Attorney General Of the State,
and at the same time candidate for the
office of Judge in the said circuit at said
election, did pronounce your opinion Ill
writing, publish it, and have it circulat.
cd throughout the entire circuit, (backed
by proclamation from the Governor,
declaring said opinion to be binding in
the absence of any decision by the Court
of Appeals in which said opinion you,
as Attorney General, pronounce a law
passed at the last session of the leg: sla-
ture known as "the Test Oath Law" to
he constitutional, and that the supervi-
sors and inspectors of elections were
bound to execute it.
therefore charge that this was an I'M
proper, and. under the circumstances, an
unlustifiable attempt to influence the SUI
pervisors and inspectors of election, to
obey q law in direct violation of the Con
stitution they were sworn to support
That il did so influence many of said SUI
Dervsors and inspectors, and caused
them to reject many legal votes--prob-
ABLY more than two thousand in this
circuit That it disfranchised many vo-
ters who could fairly take said oath, but
who would not do so because they deem
ed this test oath an unconstitutional law
and one which the legislature had no
right to enact.
7th.-That the vote of Jefferson coun-
ty was cast for me by majority of ISL
votes. See inspectors returns OF said
county.
8th.-That portion of the Board OF
Supervisors of said county, without au-
thority of law, threw out and refused to
count the eutire vote of Charlestown
township, numbering in all 267 votes, OF
which 265 were cast for me.
9th.-That one of said supervisors, Mr..
Daniel Cameron, served as a volunteer in
the rebel army, 2nd Virginia Regiment,
Stonewall Brigade; and that another,
Mr.. pottertield, was deputy Sheriff for
Mr. Rush, who was defeated before the
people for Sheriff, and therefore directly
interested in throwing out and refusing
to count the vote OF said township. And
that Mr. Rush was thus declared elected
Sheriff of said county.
lOth.-The said Board threw out and
refused 10 count many ballots cast for
me which were printed on cOlored paper,
contrary to the provisions of the Consti-
tuition, which, while it prcscrihes that
the vote shall be by ballot, does not pre-
scribe its color.
18th That at Chaplne and Shepherd
townships in said county about 100 voters
more or less, who offered to vote for me
were rejected by the inspectors, and al
though they were requested by said vo-
tiers TO record their names upon the re-
iected list required to be kept by the act
of 1868, said inspectors refused to record
them, saying they meant to have no at
ter elaps" | charge and am prepared
to prove that about 100 other voters who
would have voted for ME, were thus de-
tered from exercising their right of sui
trare. A list of those whose ballots was
refused entry upon the rejected list is
filed herewith marked exhibit A" and
made part of this notice. shall contend
that these votes must be counted, or that
the election held at these two precincts,
in consequence of said refusal of the in
spsctors, is nullity, and should not be
counted iu ascertaining the general re-
suit.
l2th.-That at Averili township, in
said county, 80 votes were cast for me,
and placed upon the rejected list, which
were not counted for me by the SAID m