The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-02-23

IiIIlu lISSc TttuTIlS ITOIH <AudliIS anu
Bedford, but also in effect behind the
unanimous returns Of all the other
counties Of Franklin, Fulton and SOM
erset, so far as the soldiers vote is con-
cerned.
The statement Of such proposition
on an Investigation of this kind would
seem to be sufficient for its own reputa-
tion. 1t would be attempting to hear
the case on the merits, without giving
the claimants the opportunity Of pre-
! senting their evidence in full, would be
utterly disregarding all credentials, and
| would Obliterate all distinction between
a 2)rinad f0cje right on the certificates
and papers from the proper certifying
officers and a claim founded on the mer-
| it's on a full hearing of all the evidence
| that might be adduced by either clai-
mant in support of his claim. See case
of Jayne rs Todd, vol. l, p. /, Reports Of
| Committees, lSt session 3Sth Congress.
| 1t should be borne in mind that by
! the resolution of the House referring
| this case to the committee, the commit
tee are restricted in their first eXamina-
| tiOn and report to the pri1J10 .fUcie right
| of either claimant to the seat; and the
committee are TO determine this from
! the certificates and papers referred to
! them, including always the admissions
/ of the claimants themselves before the
committee; but only those papers are
! to be considered which come from the
! proper certifying officers, and which
those officers are authorized by law to
make, and also which are pertinent TO
/ the case.
Many papers have been referred to
| the committee, which, on this hearing,
are not evidence for any purpose.
From the legal certificate and returns
| of the district and county boards Of re-
| turn Judges in this case, nothing APP
pears in relation to the rejection of any
! soldiers votes; and those who allege
such rejection are compelled to look
/ outside of these certificates and returns
/ and resort to papers and statements,
which are not legitimate evidence on
this investigation, and which, without
! furtherproOf, would few, ifany Of them,
/ be evidence of themselves ON hearing
! of a contest on the merits.
/ 1t is claimed on the part of Mr.. KOontz
that the county board of return judges
Of Bedford county improperly rejected
! or omitted to count two of the returns
/ (papers 10, 20, and Il OF soldiers votes
! for that county; and that the return
/ judges of Adams county also illegally
| rejected or failed to count eight of the
returns papers -, %, a, p, 26, -, .,
and 30l Of soldiers votes for that cOun-
ty: and that if these votes had been
! counted he would have had a majority
of the votes for representative in Con-
J 0'reSS. cast in the district
! While the committee are clear in their
/ opinion that on this examination of the
matter specifically referred to them in
this case they have no right to 60 behind
| the official returns Of the proper certify
ing officers, and especially not behind
/ the returns of the county return judges,
/ and that those certificates and returns
! in this case show that Mr.. COtfroth has
! the priHd fdcje right to the seat, and
! they 50 find and report, yet they will
add that on an inspection of the papers
| presented before them on behalf of Mr..
| kOOntZ, purporting to be returns of sol
! diers' votes, on which he relies, they are
| satisfied that most of those SO-called re-
| turns are, under the act of Pennsylya-
mia of August %, 1864, regulating cleo
! tiOnS, in case of soldiers in actual mill
| tary service, too defective on their face
to pass a legal scrutiny, and were not
! entitled to be counted by the county
return judges even if they had all been
before said county return judges at the
time of their meeting; for, while the
said act is in some of its provisions lib
eral, and says section p that "NO mere
infOrmality in the manner of carrying
! out or executing any Of the provisions
! of 4hig al .hali iVyva liIDta anN- al.a4 ion
held under the same, or authorize the
return thereof TO be rejected" &C., yet
there are many other provisions in re-
gard to the manner of holding the eleC-
tiOns, the appointing and qualifying e.
lection officers, the recording and certi-
flying the Oaths administered to them
before entering upon their duties, the
| mode of keeping and certifying the
pOll-bOOks and tally-listS showing the
name and precise residence of each VO-
ter and the number Of votes cast, and
/ the mode Of certifying and authentica-
| ting the returns of such vote, which are
essential and material, =, -, 6, 40, 10.
Is, II, 10, l6, II, IS, ., 81, 80, and 30,
and which must be substantially com
piled with to carry out the letter, spirit
and intent Of the act, preserve the pur-
ity of elections, and properly guard the
exercise of the elective franchise.
The very language of the section quo
ted-"NO mere infOrmality," &c, sec
ton p Unnecessarily implies that where
there has not been substantial cOmpli-
ance with any of the material require
ments of the act, and which is apparent
on the face of the papers themselves.
then the rturns are to be rejected or set
aside at least until an investigation is
had on contest on the merits.
One of these sO-called returns for Bed
ford county, Of an election claimed to
have been held at Barracks No |, Sol
diers' Rest, Washington, ID. c., shows
on the pOll-bOOk the names of only
forty-eight electors as voting, which
list is certified by the clerks and Judges
as correct and yet the same clerks and
judges of election return an aggregate
OF eighty-SeVen votes as cast for repre-
sentative in Congress, or thirty-nine
more votes than electors voting, which
is manitestly an absurd and illegal re-
turn, and ShOuldnOt and could not have
been counted by the county return judg-
es. The return also gives no company
| or regiment tSectiOn = to which the
soldiers belong, nor states any facts or
circumstances to bringthem withinany
of the special provisions of section of
the act, which could authorize them to
open poll or hold an election there.
So also the poll-bOOk in the other So
called return for Bedford county. pur-
porting to be for company H, 20Sth reg
n IL, I.