Evening star., 1867-05-18

sion of two days, not more than five days pr'eY
70 each election, of which notice is to be given
| py puhllc advertisement. The ensuingel c.
son WI not be hefd TIL the Sd day OF June
| aexI therefore The time prescribed by tpe law
fpr correcting the errors OF the lists nss not
| YET arrived. We are not permitted to pres ume
| bad iaih or abuse of -ihelr powers yop the
Judges. Certainly no mandamus eau se al
| lowed in anticipation ofsueh conduct on their
part. Judicial IL, we have no knowledge that
| any persons qualified as voters have bee n
omitted from the lists except the present re-
lator and three Others who have made similar
! applications. The two days Will be ample
| opportunity to these persons to apply an 1
! have their names registered If they be duly
gqali fed as voters. 1t is said. however, Aha {
I there Is q very large uruber of other persons
in the same Situation whose cases have not
| been presented TO the court and that the two
| days may not prove suflcient for the correc-
tion of the list If that should turn out 70 be
I, the case, il will be misfortune. 10 thosewho
desire TO have their names on The lists, and it
\ m ay be unfortunate FOR the pablle interests.
Bnt that is an evil which may never happen,
| and lf' ii should, the fault of the law, or the
neglect OF the sufferers in refusing 10 avail
the emselyes of their opportunity, cannot be
cured by mandamus at tins time.
1t is further rspresented that these judges
may refuse 10 register the names OF persons
qualified 10 vote who had wiIfullv or pur.
posely neglected to have their names regis
tered when the first opportunity was afforded
them in their several wards. r.F
We cannot now act upon any such antici-
pated refusal OF the judges to perform their
Outy. ne lar dnO reasonable construction of
The provisions of the law cannot be mis- taken
by any unbiased or we'll disposed mind. If
the party applying at that time be otherwise
sual,feo In ahs judges Will have no right to say
OF his previous refusal. His having declared
formerly that he would not have his name
placed upon the list is not forfeiture OF his
franchiae by any voter. The qualifications of
the voters are prescribed by the law, and th,,
disqualificationsa are also plainly deciarnd, and
the judges have no right, at their pleasure, or
tory 1t may eeem to them, to add to or detract
one Jot OF little from this law
Should any qualified voter be refused the
right to have his name placed upon the list of
voters on either Of the two days, on any such
grounds as this, it will then be time enough
for him to apply for mandamus; or If he
or the time be too short to furnish the oppor-
tunity, or the court be not in session, he NAV
have another remedy in an action tor damages.
In Ashby and White, 2 Id. Raymond, g. ass,
Chief Justice Holt said :-.s Let ali people
come in and vote fairly; it is to support one
or the other party, TO deny any mans vote
be tried before me, I will direct the jury to
make him pay well for it' In making this
quotation beg to dIsavow any intention te
adopt the threat which it contains, as appli-
cable 10 these respondents, but have used it
for the purpose Of intimating to them the
serious responsibilities they are under in the
performance of the duties Of their office.
entertain not particle Of doubt that thew
nave heretofore aimed honestly to discharge
all the obligations imposed upon them by the
law, and that they will continue to do so to
by law tor the correction of the lists or voters
In the several wards every duly qualified
voter who shall apply to have hIs name reg
istered shall have his request complied with,
and that they will not undertake to inquire
what he may have formerly said about his
Intentions in that respect. 1t is not their con-
quire whether he prossesses the qualifications
prescribed by the act OF Congress.
These principles are with immaterial varia-
tions applicable to all the other applications
Tor mandamus now before us, none Of which
can be granted. ANDREW WYLIR.
Judge Fisher stated that he concurred ia all
the views expressed by Justice Olin, except
with regard to the character Of the crime of
which DIR. Boyd had been convicted, and the
eject of pardon upon one con vieted Of what
was acknowledged to be an infamous offence
as lar as constituting him legal voter OF this
District was concerned. He did not look upon
any offence as Infamous that was not Blalun
in SEA crime regarded as infamous by the
enlightened reason of humanity.
Had DR.. Boyd been con victed of such a
CRIME, he did not believe that the pardon of the
President would even then have the effect 10
render him legal voter in this District. He
was aware that a pardon had the effect 70
Ielieve party who had been con yicted by
Judgment of court in a criminal case Of the
penalty that should be imposed by the law
governing the case, but this act was not a
criminal statute. The right to saw whether
anybody or nsbody should vote IN this Dis
latHre.
The statute referred to was to be viewed in
the same light as were the constitutions Of the
different States. Most of the State constitu-
tions, if indeed not ALL prescribes the oualifi.
cations of voters.
For the reasons he had stated he thought the
name OF Dr. Boyd should be placed upon the
registry OF voters of the District.
FOURTH WARD RRpUBLIcAN CLUB.-Pur.
suant 20 adjournment, the Fourth Ward Re-
publican Clu b met last ni1hf nr
ans Churcb, 70 nominate candidates for the
Councils and Assessor. General Joseph Ger
hardt presided, and Mr.. Gahgewer (white)
was secretary. At this meeting the voters Of
the ward were invited to participate. The
meeting opened with prayer by Rev. Mr..
On motion Of Mr.. Needham, (white,) } COM
mittfe Of nine was appointed by the Chair to
nominate candidates to the meeting Major
Morse hite), Mr.. Hickman, p. Briscoe fcoI-
oredl, j. Ca.teilo, J. H Crossman {white), j.
Is. Brown. Jos. Fry (colored), Mr. Lewis, j.
b: Brown (white) were appointed on the COM
Mr.. J. H. Brown offered a resoIutien de-
claring that it is not only Just and right, but
eXpedient, TO nominate colored man as a can
didate for the Common Council in this ward;
MAYOR Townsend explained that he voted
against the resolution not because he was
opposed TO the nomination of a colored candi-
date for any office, but to the spirit Of the reso-
luton. to make the nomination of colored
man, without respect to merit or competency,
necessity.
The committee retired for cons uItation, and
In the meantime the meeting was favored with
brief addresses appropriate to the occasion by
Mr: r. h. Donegan (white), Rev. Mr.. Bailey
(colored), Captain McLane (whIte, said to
nave been an Intimate friend of sold ohm
Brewn"). and Mr.. Boswell. The speakers ali
exherted the Republicans to act harmoni.
ously.
The committee having made its selection OF
nominees, Major Morse, as Chairman, report.
ed :-For Aldermen, long term. Gen'l Joseph
Gerhardt; short term, Il. O. Robbins; Common
Council, DR.: Harvey Liuasiy, Major Enoch
Totten. j. D. Defrees; Assessor, Jacob II.
Cros ssman.
Major Morse also read a letter from s. 7.
Bowen, Esq, who had been mentioned as a.
candidate for Alderman. in which he declined
q nomination.
Mr.. Crossman declined the nomination for
Assessor. After q short address from Mr.
Crossman the meeting proceeded to act upon
the report.
The nominations of General J Gerhardt and
Il. O. Robbins, for Aldermen, were confirmed
Upon calling the name OF Dr. Harvey Linda
iy, Mr.. Mccoy asked when Dr. LindsIyr had
announced bimseif a Republican. He was a
very respectable gentleman. and Mr.. Mccoy
mad Known him for 80 years. but only as a.
-
This question and remark drew forth remarks
from Mr. Crossman in favor OF the nomination
OF an undoubted Radical.