Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-03-06
ltFrom the Alarsinsburg New Era-l

The readers cfSodr widely circulating pa
per will be anxious to know what WAS the
result of the Jadiciat cohtosted election case
in this Circuit. Those who have rot for
gotten the incidents of the last election, and
the Irregularities, interference .sintimidations
and frauds, charged to have been committed,
will be surprised to learn that no testimony
was taken before the Court sat, in the shape
ct +Depositions,a( and the law does not author
'lze the Court to hear verbal testimoey,) to
prove either that any voter was not allowed
to vote without taking the Test Oath, or
that, in many cases ne list of the Rejected
Votes, as required by law, was kept, or, as
charged, that the ballots cast fot Judge Ken
nedy, at one precinct, were gsbliciy burat,
or, that there was military iatimidstiea at the
election, or, that the Supervisors threw out
the returRs treal the Chartestown precinct
10 Jetfersoa, sad at six precincts in Hardy,
which would have given Judge kea4reSy a
majority ia the District.
Many Interesting questioa1, thss, as the
Court sand, which might rave been raised
especially as to the constitutionality Of the
Test Oath--.were not considered by it.
The course taken was not the result Of
oversight in Judge Kennedy. Looking to
the uncertainty OF sach contest, owing to
thestateef thingsin West Virginia-altheugh
Judge K. was confident that the law and the
right were with him, If he proved the charges
alleged In his notice OF coutest--and the law
providing that, even it he succeeded, he
would not recover the costs he should expend
In taking testimony in all the counties, which
hn 81. II
done, while if he were defeated he would he
obliged to pay Judge Halls costs-he con-
ciuded to rely upon two or three points Of
law and differences to be drawn FROM tue no
ticc aud counter nJtice,
Judge Hall selected Mr.. Blackburn, Of
this place; Judge Kennedy selected Major
Andrews; and the Governor appointed Gen.
Bunker. This is the mode required by law.
and the three constituted the Court to de-
eide the case.
do not propose to do more, for the in
formation of your readers, than to state some
of the points made aud passed upon before
the final decision in favor of Judge Hall,
from which Major Andrews dissentcd
LIST. The contestant claimed, that, as the
law authorizes the case to be heard, in part,
upon the Returns, and as he, thus had a
right to have the original Inspectors Returns,
Board OF Supervisors had rejected, as OK
pressy authorized to DO seut for. in other
cases of contested e!uctions-thut either the
Governor should furnish these returns, as
empowered by law, or the Court should send
Tor them. as the contestant could not other
wise get them. Cop :es, it was shown would
not answer all purposes aud the court, as a
power inherent III its Constitution, had a
right to have before it, upon the contestants
motion, the returns. This motion was re-
sisted, upon the ground that documentary
evidence could not now be laid befure the
Court that copies could have been pro-
cured before the Court sat \ majority of
the Court declined To send for the returns.
but said the Governor had the power to do
SO. Upon being applied to the Governor said
it was net his duty. Copies, in the mean
time, were seut for. They were refused by
the Recorder of jefferson; although the law
requires him to furnish copies OF all papers
in his Office and it was aScertained that the
returns of Hardy could not be found
Thus no case could be made on the re-
turns.
I'd. The contestants counsel then contend
cd tina; although not point made by the no.
tlce yet 1t appeared that Judge Hall was not
Il resident OF the Circuir, from his own adj
mission, at the tire OF his election or cOD,-
miSS'0n-and as there was no evidence that
he had moved into the Circuit when he guu(-
ifed, he could not hold the office, rs the
Constitution required him to reside in the
Circuit during = his continuance in Office -
that this should at least vacate his election;
and that the fact of on.residcnce ut the time
OF his qualification was not presented in the
notice. because he qualified subsequent to
the notice. To this 1t was replied that the
E,,Ak - L., LoS,,. i
at the time of his election dis. not affect his
qualification. (Which was not controverted y;
aud it is understood, that the Court took the
view that, however his continued non.rcsi-
dcnce up TO, and after his gMNt fcutiOn, might
render him disqualified. yet that was an OBJ
lection which the contestant could not avail
himself OF, but it should be left for the ac-
ton Of a different tribunal. 1t was not con-
Sldered that his election could be declared
void by the Court, although he never resided
in the District, $50 as to consummate his
qualifications either when elected, commits
stoned, or qualified
3D.. The counsel further contended that
Berkeley and Jefferson constituted under the
Constitution the 1lth Circuit, that the cleo
ton ordered was in the 10th, and if so, that
the votes of Berkeley and Jefferson could not
be counted. 1t was admitted that this would
elect Judge Kennedy, who indeed, it was
further admitted. had a mgority Of all the
Uotes cast, including Berkeley and Jefferson
1t was said. that as Frederick did not form
part OF the State, there was no 1lth Circuit,
and that the Legislature had an Inherent
power to put Berkeley and Jefferson, when
required, into the 10Th Circuit, notwith-
standing the power conferred upon the Leg
islature by the Constitution is, merely, to
''re-arrange the Circuits" Subsequent to
the argument Of this point Information was
received Of the passage Of bill by one branch
of the Legislature, which recognizes Berke,
ley and jefferson as having formed the 18th
Circuit.