The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-27
LOCAL MATTERS.
THE CONTESTED ELECTION.
ABLE SPEECH OF COLONEL
MARMADUKE JOHNSON.

In the Hastings Court on Saturday the
contested election case was further con-
sidercd, the whole time of the court being
occupied by the able and entertaining argI-
mcnt Of Colonel Marmaduke Johnson on
behalf of the respondents.
Colonel johnson, in opening his argu-
ment, briefly sketched his Interpretation of
the duties of the judges of election under
the general election law, and of the com
missioners chosen by said judges. Some of
these judges did their duty in every par
ticlIar, and some did not. The returns
were received by the clerk of The Hastings
Court, and having been duly examined by
the sworn commissioners, certificates were
sons legally entitled to them. Chahoon and
certificates Us legally and equitably theirs.
The Conservative candidates hold the certit-
Gates, and are legally and prospectiyely the
incumbents of the offices to which they
were elected.
The other side claim that these ccrtiti-
Gates are nullitics, and thatithe returns of
the Judges are to he the only guide for this
court, although it is authorized by the law
TO decide the contest finally, and upon It's
merits. ,rhe1r argument shows the English
of the controversy on their part to be that
we "can't prove fraud" On the other
hand, it was il satisfaction to the speaker
and Ills aSsocintes to know that they repre-
sentcd the solid portion Of the community,
and desire to open the door to investigation
without limitation or disguise. They ut
least would not lnetically seal the truth and
fetter the rights of the good people of Rich
mond by narrow technicalities.
According to the al gument of Mr.. Maury,
this court can revise what its creatures, tho
Judges of election, have done In immaterial
mattcrs, but when it comes to material
questions. such as the casting of 900 or
more fraudulent votes, it must look up with
Difference to lis creatures, and cannot, how
eyer lmlpablc the fraud. change the result
This argument holds the judges Of election
to be everybody, and everybody else to he
nobody. According to this Interpretation OF
the law this court might inquire whether
they had turned the balot-box upside down
before the polls opened; but as Judge Quad
had distinctly said, it could not touch the
one thousand fraudulent votes cast. Was
ever such proposition made? 1t isa we'll
known principle of law that fraud yitiatcs
everything. Why, then, are our friends so
sensitive on this point1 Why do they shut
down the trap-door when we wish to show
the number of fraudulent votes? Why is
everything done to turn us from this most
legitimate and essential field of inquiry
Colonel johnson then considered the
question whether the returns Of the judges
were, ;ls stated in the complaint, made in
due conformity to law. He contended, and
proposed to prove, that they were not, but
the opposing counsel protested against any
investigation of the subject at all. He then
quoted from the decision of Judge Davis in
the case of The People Us. P ease (27, New
York Reports to show that III other States,
where the ballot system prevails, it Is held
that the inspectors Tor judges Of election
are not judicial but ministerial officers, and
that in case of q contested election the full
est scrutiny should be made into the quail
fication of voters, and that none but legal
votes should be counted.
This decision was made, too, In case
cited by Mr.. Maury, by some strange misap-
prehension, to sustain an opposite opinion.
He then quoted from the decisions in the
Michigan cases, also cited by Mr.. MauIy, to
sustain the same position, and showed that
they also met the view Of the respondents.
Colonel johnson concluded with the de-
claration that if there was not fair and
square investigation of the barefaced frauds
that had been perpetrated in the late cleo
ton the Conservative candidates would not
be to blame.
The court then adjourned until II O'Clock
this morning, when Mr.. Page will probably
speak for the complainants.