The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-28

proper. The law creating the power, ano
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 required you to appoint "time and
places" in 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 giuen" OF any vote
10 this city for on election to be had on the
oath day of October? If not, then where
was the authority to tote ON that day i?
Without this law there could have been
no voting. The lac required "thirty days
public notice of the time and places" at and
in which voters we're to exercise their fran
chise. Where the power to alter, vary, or
change the slime" unless thirty days
public notice" is given? Such, sir, is the
law. Thus it IS ,rritten. respectfully ask
if the power to vary the time without the
Thirty days public notice" is anywhere
given in this or any other law Under
this law you had the Z" time at your dis
cretion, provided you gave thirty days
public notice. You selected, designated,
and published this time" In that order,
if I am not misinformed, you made no
reservations or qualifications. You e1-
hausted your powers conferred by the law.
| respectfully protest against your e1er-
csing po,cer not conferred, and thus pre-
udicng my rights as voter and property
holder in this city. When your powers were
legtimately exhausted, my uested rights
| hoy nf
purpose, policy, or discretion, on your part,
could legitimately divcsr my franchise.
Such, sir, is my view of the law. Now as
to the facts.
am prepared to establish by positive
proof, as l am informed Certain interest
ed parties and officials to the contrary not
withstanding), the following summary Of
facts:
lst. That it was the purpose, design, and
loregone conclusion of certain parties,
among whom are included Colonel Thomas
B. Rose and General 0. Brown, that the
election in this city must go in favor of the
Radical ticket at all hazards. | do not
utter these words without q full compre-
hcnsion of their legal import. believe
! can prove them fully. In addition, I
undertake to proue by the most poSitive
testimony that by fraud and preconcerted
arrangements good number of colorcd
voters did vote who were imported for the
purpose from adjacent counties. 1t will
be proved beyond a peradventure that an
organized band of coored people were in
structed, encouraged, and allowed by the
colored police employed by Colonel Thomas
B. Rose, to intimidate by threats, in some
| unt o1 VII "a iya
colored voters. 1t will be proved, and
this beyond a doubt, that in various in
stances Colonel Thomas B. Rose, tho Off
cial superintendent, was repeatedly guilty
of the groSSeSt misconduct, rudeneSs, and
official insolence to the very best, some Of
them, our oldest citizens, and this without
provocatiOn; that he cOnnived at fraud,
and was, in my opinion, party to
it. This l mean in its full force.
If he denies it, let him SO far
honor his official straps and insignia as to
demand a court os inquiry, and pledge
myself to prove at least that he was,
on repeated instances, guilty Of conduct
unbecoming an officer and gentleman.
| refer to the Article Of War on this point.
| 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 coloreG
window were kept open, and heavy vote
pressed in unprecedented rapidity, and
that Connel Thomas B. Rose was then
and there officially present, and did then
and there, with the most unmanly and un.
oilicerlike rudeness, commit an actual tres
pass upon one Of the Conservative candi-
| Z zft IL ID n1,
mond, and others. | will prove that
fraudulent colored votes were manutaC-
tured, aA0ued, and recorded, in my opinion,
to the number of over five hundred, if we
can have access to the ballots and registra-
tion 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 B. Rose, and this
without cause, provocation, or even as
serted pretext.
Such, sir, are the facts and circum
stances on which l base my protest aad
assert my rights. protest in my owr
name and on my own behalf. protest il
the name and on behalf Of the Conserva
tive voters of this city. | protest in the
name Of the sanctity of the ballot-box il
:, the name of the inviolability Of the law
in the name of the integrity, fidelity, anC
patriotism Of the American people; in the
. name Of law and order against this elec
ton as conducted on the day and night o
the 24th yesterday. In SO doing, ALLOW
I me to express to you, sir, my convictions
| that, with an unprejudiccd judgment, yol
' will decide this matter-that you will fur
, nish full opportunity to meet these i'm
portant and vital issues.
r It's to me painful duty thus to com
municate with you. But it is an imperiou
duty from the full discharge Of which
= shall not shrink. Should you unfortunatel
determine to overrule me, | realize
: proud consciousness Of being fully sustain
! ! cd in my opinion, and shall, with all per
> sonal respect for you, neither yield m
Convictions nor discontinue my efforts t
remedy the evils incident to the unfortu
y nate extension Of the " time" Of voting.
= = AS this is apublic, national matter, ma
g = respectfully ask aD early reply, that ma
: know precisely how this whole matte
. stands and in the event of your not agree
= ing may at once pursue my remedies.
Very respectfully,
> JOIN II. GILMER.
{, An OLD WRONG REDREssED.-Mr. lsaa
Il u, E..,-. 10 NJ ntyy