New-York tribune., 1870-11-14
PRICE -FOUR CENTS.
SCHENCK To GET HIS SEAT.
GROUNDS on WHICH GEN. sCHENCK's FRIENDS
CONTEST THE ELECTION OF CAMPBELL
TIE DEMOCRATS AND THE DISABLED SOL
DIERs-TIIE OBITER DICTUM OF TIE OHIO
HTPREME COTTRT. IT'D.

the lid Congress District have deerm 10 contest
the election of Lewis ID. Campbell, who bas been
turned by majority OF So votes Gen. schenck. 10
has been well known that Gen. schenck reluctantly
oepted the nomination, having at fast refused H.
afterward yielding only TO the general expression that
he the only Republican vho could carry the district
II also equally understood that he was totally ayere
to the Of his name for the pnrpo-e OF serVinI
notice OF contest OF the election. But the
Central Committees OF the several counties Ia the ds
trct and about all the inmates OF the National Asylum
for Disabled Soldiers this city, whose votes were re-
jeced have sent him urgent written appeas which no
could not disregard. Gen Schenck his therefore con
sented that the contest shall be made but only as
means Of testing the right Of these disabled veterans,
who reside in his district Except the uso
Of his he Is ia way party To the contest leaN
ing 1t TO the Committees to devote tie necessary time
trouble, and expense, as his constituent, feeling out
ragged at the result Of the election. He stipulated with
them that there should be other ground oi contest
traversing the district to scrutinze poiilists, no
scramble.
Gen. Schenck having determined TO accept the legal
upon the question OF the right Of these soldiers to
vote, the appeal to Congress becomes very daerenI
from any contested election heretofore brought
before it, and also different thing from simple
appeal to a party majority in the House of Ecpresents
tiyes.
The National Asylum for Disabled Volunteers IL
poraton established under act OF Congress, and IL
controlled by II managers, three of whom tSoeo
members OF the Board, viz. tho President Oi the United
States the Secretary Of War, and CheiJu,tice. The
other managers elected by joint resolution Of both
houses of Congress- This corporation has lestabsheda
Central Asylum Dayton, about three miles from the
city, and within the limits OF Jefferson Township OF
Montgomery County. The polling place for that Town
ship Is about four miles from the Asylum.
The soldiers have heretofore voted at several
elections where they had been within the State
the requisite time, without objection until last Spring
At that time, in the OF eontest.of election for
County Clerk question was raised as 10 their night {"
vote. The went up TO the Supreme Court oi tbs
State and decision given in favor OF the cand late
who had received the vote Of the soldiers but the Coi
decided the upon other grounds than that OF the
tion Of the soldiers and in its opinion" made remark
by the way-an oJter dctuo,-o the effect that the sol
diers' vote Illegal. The oJiter dicta8 was based
mainly upon the ground that b, the Constitution Con
gress exercises exclusive jurisdiction over all places
that may be ceded by am Of the States TO
the United States for the erection OF forts, maga-
zines arsena dock yards and other needfu buildings"
The Supreme Court decided that the ccSs0n OF this
land by the State of Ohio to the United States gave Con
gress exclusive Jurisdiction - nat is TOOK the
ground OF the state Of Ohc and tha persons rsid
ing within its limits could not be permitted to exercise
the right OF suffrage It enacted by Republican
Legislature repealed by Democratic ard reenscted by
sueceedin II publican l. gslature, that tho soldiers
should hayeihe hi - vote, after complying with Ger
tain conditions as 10 perio of residence etc. and thai
they should be regarded as reelents me i1t cssO"
propided that The o0crs inmates, aud employees OF e IN
sttio should not be degrired Of he right of rottn9 of
any State County, ToUnshp election. Tho supreme
Court took the ground that these conditions were repns
nant to the Constitution OF the United States ana that
therefore grant took effect stripped OF It's condtions.
The Supreme Court hooerer, overlooked e fact mdf s
state OF ohio had refused to cede The jurisdiction e1c>p
under these stipuiations and u hey rers nPugh@"'o
The Constitution, no grant ros made
But after all Congress alone can pass| uds smem upon
these questions and TO Congress the appeal viii be ear
red that body having the right to determine questions
IN reference the election and qualifications Of ito mem
bers in all The will he there submitted WIN
further objection the decision Of the Coart on the
ground that the location lof the asylum was not cedfd
the United States but to corporation created unncr
an act OF Congress- and that in cedng jurSdoh to the
United States place which belongs To "A corpora
ton the State impose any conditions she plea.es
II the terms upon which the State OF Ohio was willing
to grant Jurisdiction to the United states were
inconsistent the Constitution then those very terms
being repugnant, prevent any grant from taking erect
whenrhe election on the soldiers, 3is OF them
believing as do, that the decision Of the Supreme
Court was rather than ridiculous, went to the poll
ing places and offered 10 vote the l'Mhch ,lekt,
cmding Schenck for Congress. Their NOtesm ac-
ceped would have made his majority about 80 IheIe
are at the Asylum about 1900 inmacs, of whom about
500 voters great many OF them ere IN noSi',i,
the polls. The Democrats under the lead 81 Naandis
ham are naturally hostile TO these nainrd NeteraS-,o
the injury OF aborng drive them from the polls
Vaandgham and his men add the insult oi StIghatl@ns
them IA paupers." vaandgham summoned his sup
pOrers 10 night meeting the eve of oleru0D AL the
little hamlet Of Gettysburg, lying between thr ponhK
OF about 100 and passed resolutions That they wohd
wade knee-dcep in blood, &C., rather tiah Mo" tIs
morning early aud, armed, to defend ile pol.. c
This memorable spectacle was presented ot copper
lame, manned, and vorr-oat defcnders OF ne county,
who sought simply for the privilege OF voting ior IN"
candidate of their cho.e az the place Of their residence
valandigham was there IN pers2i 81 o'l9cn A. III & aDs
morning 10 be present AT the opening of the pohs
ar sunrise and challenge the votes OF the soldiers. They
had pretended to fear violence and undsubtedy hoped
that disturbance Of some KIND might be eNrlt'n bt
the soldiers "a wsre a"n n,ed aSa reectd each one being
challenged by Vslandgham. These dangerous bleu
pemens OF that sort and were likely to seek dis
turbance OF any kind, but II there had "D Dreacho o
puls have at once used their cruches upon their nasu
raj enemy, Vaandig CHAM
The history of the decision Of the Supreme Court from
which ali this has proceeded and by which Cen
Scenck the time lost his seat Is about a. t0o"s
The Court in bane consists OF ionr or ave ""e %
prepares opinion in each, which opinion Is sntted
10 riasiv nT aSopted by them II is veal Court
Judges elected by the people like some OF yor NewfoS
d,,s and consisting chiefly OF men who content 10
~ apneal from this county in he matter OF
I'll the eecton Of Clerk Was re.errei 10 Judgr
BrinkerhO for examination and 10 draw mp IN opioh
l. YOU'D GTnSe s nss Ge n"ence EsTy e IN TO s
sionr by the fact that his brother He ~ Un n3 ~
actively at work in that behalf hsoughcu Ibis rii"n
Of country. But the Free-rraie ie'H N,;s, Cen
quarters In NcwYork) being desii' l' '' 80 ,-
schenck above all others, on account Q" bN .lI'
OF the Protection system, H Is n' ' I'" 10. -.
sulne that .Jndga Brinscriod. l' .- ''' .'.' ,".S
views would hc w,iliHS iiHt ", co., ...,l ice
should ur,vrut tb, ftti ct.. O. ' q t. ,'' W
so!dcrs hold.,s t.o b. .r,c of rcN = O. . ,.i5.'r,- &
otAtr Judges wi!o i;ii e. "i ',&'"' & 49,. ,ou.t'
t't thera a. tie h'st reason to n'i'.Ne tra II me