New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-11
THE SOUTHERN STATES.
VIRGINIA.


sTURDIvAST ALEXANDER III. SANDS and WM TAY-
LoR, Richmond Va.
GENTLEMEN: have received your communi-
cation dated October 81 in which yon "enter protest
against tho confirmation of the proceedings at the so
called election on the 23d and oath days Of october last
and state at length the grounds OF such protest.
The subject OF your communication has received the
careful consideration which its Importance demands ana
will reply i'm that full and unreserved manner to which
the diened and dspassonae tone of your protest is en-
Your protest is based upon two distinct grounds first
the extension OF the time for voting beyond the hour de
ienated m the order calling the election which extension
Won regard as unauthorized and illegal and second, that
by fraud violence and intimidation votes were illegally
cast and qualified voters prevented from voting the
ticket OF their choice Will consider these TWO GROUNDS
il is only necessary to refer to sections Of the
act of Congress of July 10 to show that ample authority
existed for the extension Of the time for voting IT, IN my
opinion, such extension was necessary 10 the eha tae
all the nents of the three acts OF Congress might be
fully and perfectly carried out Ah9 Wnat was .ne 1n
dent intent Of so much OF the act OF Congress as pre-
scribed the mode of conducting the eleeuonf And WHAT
the reason Tr GeTSy that every ~ registered
voter might have timely information ana ample oppor
tunity TO cast his ballot.
Had the time OF voting been shortened, without due
notice. then your protest would have been well founded
b nG1 G by any Of tho time Tie simple and
undenabe fact was that, at the hour appointed lof
qualified voters had failed from fault OF their own
10 east their ballots and patiently waiting at the
sd and thus deprived several hundred suragans of
their right vote, would that have been liberal con-
rying out the inten,s thereof
Having tecnicaltes of law what is the essence OF the
principle upon which claim based, that the voting
al election must be limited to the time originally spe
CITED believe 1t may be fairly stated mus: lhat
party is entitled the victory which can poll the great
est number OF votes in given number Of hours" viii
not do you great injustice as 10 suppose that you IN
tended announce such principle the basis OF your
protest Your laws ee Virginia Code OF lsoO, page
so wisely guard against such wrong Ivy requiring that
il the votes cannot all he poed before sunset II the
voters prevented from attending by rain or rise OF
water courses the polls shall be kept open for three days
Iau- ~ flta af
Pennsylvania have similar provisions In the latter state
the polls are habually kept open after sunset III Iage
judges Of the election II they shall deem u neces
sary for the purpose Of receiving the votes OF al te
electors wishing TO vote postpone the closing OF the pos
No doubt laws of other states arc similar (but have
not time 10 examine them. The prccedcnts given are
ample 10 justify the keeping open the polls In RICHMOND
2l and show that the extension OF the time Tor voting
In Richmond was no" unprecedented
/ think il must be admitted that there was ample
authority Of both law and precedent for the voting done
Richmond after sunset Of october - and that u was
demanded by fairness aud justice. Hence, If your pro-
test can be sustained at all II must be sustained upon the
alleged Illegal ballotng and Illegal prevention OF the bal
otng In the interest Of truth and justice, will cheer
fully give You all the aid I'm my power to develop the facts
in regard To this matter. But must here premise that
you, in common with many Others OF all parties over
estimate my powers and duties IN this regard IL Is u.
necessary 20 Inquire whether technical construction OF
mander power over this whole subject not at liberty
be governed by such technical construction but must
consrue the laws under which am acting with reference
their general intent aud purpose, and with reference
To the fundamental principles OF the American Govern
ment
The clear intent and purpose Of the lawsof Congress
to give the people Of tins State excluding the dis
frnnchsed) fair and free opportunity 10 establish
Constitution and civil government OF the state oyal 10
the unon with such form Of Constitution as they might
freely elect subject ohy 10 the cohdllioh PtseilOeu py
Congress. This was 10 be done an the usual manner
through the agency of representative convention whose
acts should be subject TO the ifcc ratification or rejection
OF the people and If ratified by them then TO hnal accept
ance or rejection by Congress -
1t - fundamental principle OF representative govern
mcnt, universally recognized and observed IN this
country that every legislative body shall bc the sole
Judge Of the elections reuns aud QUALIFICATIONS OF is
own memhersV This Is not mere granted power ltis
an essential inherent night. Without IT, representative
body that term T. understood IN thus country could
not exist Especially Is this true OF CONSTITUTIONAL Con
ycntiOn which 10 form the fundamental law OF state
Without such power whom would such body represent
Certainly the people, but more nearly the hingc uc
The a gaasd ~ The law q March Is also clear this
subject, aud is in exact conformity with the principles
sad returns he 6e b &c sE S
same ascertain the persons elected as delegates a,oord
ina ~ ne returns Of he officers rhO conducted sad etoc
tons and make proclamation thereof &c TINS Ian
guage clear 10 leave any doubt as TO tine limit OF my
powers aud duties IN reference to the matter. -, l.,
While cannot, for the reasons have stated, take IN
dca action upon the second ground OF your protest ana
doubt that my action In extending the time OF election
not only Justified by the law aud by precedeni, put
pie OF justice and fairness Will submit 10 the convc
ton when u assemblies the question OF your title 10 seats
therein: and WILL moreover give TO bot parties, II they
desire IL, every facility ana ad III my power 70 chapo
them 20 prepare In advance full exposition 81 the fncts
i'm the case TO the they may be ready to present
them 10 The convention upon its assembling Fortu-
nani II ia moi mnossibe though il NAV cost much labor
and trouble 10 ascertain the truth OF the whole matter
While do not wish to anticipate the result oil any IN
vetgntien that may made, II is proper for me now to
specifically referred 20 In your protest
You refer the fact that the polls were closed AT the
annointed time in two OF the Wards while they were
kept open Others aud think they ought To nave Deoh
HE Voting had almost ceased some time before sunset
IN two OF the Wards and nearly all of the registered
voters had voted Why then keep open the polls longer
than sunset those Wardsi can no reason n-
give time TO hunt up representatives for absent OF
deceased voters. II legal voters had failed TO come 10
the polls during the appointed time, they had forfeited
their right 10 vote at that election And IN the TWO
Wards referred TO there was ample tune Tor an 70 vote ~
the two days appointed But In the other three wards
two days not sufficient The voters were at the
pOs m large numbers waiting an opportunity To vote, ht
sunset Whatever fault had been committed was mine,
ia giving sufficient time, and mine was the duty 10
You object to the fact that the polls kept open
longest In the Ward where the dsproporton between the
white and black voters in favor of the blacks the
greatest TO this II is sufficient to answer that the polls
were kept open in each and every Ward until all reg
istered voters who were present had voted ana no
longer. -. 49,, -
think TO be "ts" own comment, that from o'clock p
m on the third day until the hour OF closing the polls
that night there black votes poed than
polled at the same place on any one Oh tc preceding
days. although the period OF voting on each day was
ne6tp Your understanding OF the facts differs materi-
ally from the official report OF the ocers III charge OF he
he nioht OF the 2Ith was somewhat rapid than
during days Of the 2d and 2ith but less rapid than
The reason why 10 was more rapid In the night than
during the day OF The 2lth, will explain, and the con
son 10 be drawn from the fact OF the case Is quite the
reverse OF the one you appear 10 have drawn. visited
The polls you refer TO- that OF the Third Ward about sun
set and Watched the balotng for considerable length
of time found the officers working very slowly, and
Consuming very much in examining the registration
records and files OF oaths for the purpose Of deciding,
without possibility of error the large number OF doubtful
cases that came before them go .
Tbere were several hundred persons waiting at the
pols TO vote and seemed doubtful whether at the then
rate of progress the voting could he finished that night
oaaerV
more particular than their duty required ordered them
10 reject, at once and without delay, the votes OF
mt cd 10