Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-11-05

NuSIS u aSStli Iuelu, 70 INQUIRY IneLn, 10
qualify them, much less to destroy them
This you will readily concede. Then, sir, al
low me to measure your powers as derived
from the act of Congress.
The second section of the supplemental act
of Congress, as published in General Order
No. 33, current series, reads as follows:
That after the completion of the registra-
tiOn hereby provided for in any State at such
time and places therein as the commanding
General shall appoint and direct, Of tchich at
Leust Thirty days public notice shall be giVen,
an election shall be held of delegates to con-
vention," &c.
1t is only from this section of the law that
you ever possessed the power to "appoint and
direct" an election at all. Here is the great
SOURCE and limitation of your power in this
behalf 1t is granted power; it is a spec
flied power; it is q limited power; it is n
conditional POwer-restrained, defined, and
encompassed in the very terms of the law
creating and bestowing it. If you transcend
the power thus defined, you violate the law
which bestows it. If you fall short of it, you
likewise violate the law. In either case the
acts, and all legal results flowing from them,
are without authority, and of course in viola-
ton of law, which is paramount and Oblga-
tory on you. A power granted for specific
purpose, when once fully exercised and exc
cuted, is exhausted. 1t has performed its
functions, and can never be rightfully re-
sumed. This is not only plain law, but it is
mauitestly just and proper. The law creating
the power, and vitalizing the administrative
functions flowing from the power thus created,
limits its exercise at the time, and by the
terms of the law itself
This act of Congress distinctly qualities the
power which it bestowed upon you. 1t re-
rnI 70 ~
this city for the election, and required you to
''give at least thirty days public notice of
both time and place. Was the "thirty days
notice giVen" of any vote in this city for an
election to be had on the Gath day OF Octo>
ber! If not, then where was the authority
to UOte on that day? Without this law there
could have been no voting. The IdLo requir-
ed "thirty days public notice of the time and
places" at aud in which voters were to exer-
else their franchise. Where the power to all
ter, vary, or change the ''fn,e" unless "thir>
days public notice" is given? Such sir, is
the law. Thus It is rriTem. l respectfully
ask if the power to vary the time without the
thirty days public notice" is anywhere given
in this or any other law2 Under this law
you had the slime" at your discretion, pro-
vided you gave thirty days public notice -
You selected, designated, and published
this time" In that order, if am not mis-
informed, you made no; reservation or quaIiti-
cations. You exhausted your powers con-
ierred by the law. l respectfully protest
against your exercising pOtCcr not conferred,
and thus prejudicing my rights as voter
and prOperty-holder in this city. When your
powers were legitimately exhausted, my rest
cd rights accrued, and no subsequent. change
Ofpurpose, policy, or discretion, on your part,
could legitimately divest my franchise. Such,
sir, is my view Of the law. Now as to the
facts.
l am prepared to establish by positive proof,
as am informed Certain interested parties
and cticiaLs to the contrary Notwithstanding,
the following summary of facts
. lst. That it was the purpose, design, and
foregone conclusion of.certain parties, among
whom are included Colonel Thomas B. Rose
and General o. Brown, that the election in
this city mast go in favor of the Radical
ticket at all hazards do not utter these
words without full comprehension Of their
legal import. [ believe can prove them
fully. In addition, / undertake to prOUe by
the most p0sitice testimony that by fraud and
precOncerted arrangements 4 good number of
colorcd voters did vote who were imported
for the purpose from adj jacent counties. 1t
will be proceed beyond a peradventure that an
organized band of colored people were in
structed, encouraged, and allowed by the
col0red police employed by Colonel Thomas
b. Rose, to intimidate by threats, in some
cases by actual violence, the Conservative
cOlOred voters. 1t will be proved, aud this
beyond doubt, that in various instances
Colonel Thomas B. Rose, the official superin-
tendent, was repeatedly guilty of the grOssest
misconduct, rudeness, and official insolence to
the very best, some of them, our oldest citi-
zens, and this without provocation that he
cOnniCed at fraud, and was, in my opinion, n
party to it. This | mean in its full force
If he denies it, let him so far honor his Off
cial straps aud Insignia as to demand court
of inquiry, and l pledge myself to prove at
least that he was, on repeated instances, guilty
of conduct unbecoming an officer and yentIe>
man. refer to the Article of War on this
point. l will undertake to prove that after
the polls in Madison Ward, on Wednesday
evening, were announced to be closed to the
white voters, the polls at the colored window
were kept open, and heavy vote pressed in
unprecedented rapidity, and that Colonel
Thomas b. Rose was then and there officially
present, and did then and there, with the
most unmanly and unoficerlike rudeness,
commit actual trespass upon one Of the
Conservative candidates, the Sergeant of the
city of Richmond, and others. | will prove
that fraudulent colored votes were mGnmJdc-
tured, GHored, and recorded, in my opinion,
to the number of over five hundred, if we
can have access to the ballots aud registration
list. In addition to all this, it can be proved
that white men were rudely driven from the
election precinct in Monroe Ward by Colonel
Thomas i. Rose, and this without cause,
provOeation, or even asserted pretext
Such, sir, are the facts and circumsta noes
on which base my protest and assert my
rights. protest in my own name and on
behalf Of the Conservative voters of this
city. protest in the name of the sanctity
of the ballot-bOx in the name of the iuvio-
l.h, - IL. L.