The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-22

| tilicaIe lnlfneQlateiy alter the election. Our
complaint having been preferred, they can
file theirs, but don't let them eject it into
this proceeding. At present there is but
one issue, and there is no necessity or pro-
priety for Introducing these collateral mat
ters. We don't ask that they. be required
to answer, but we do ask that the case may
be Immediately settled, so that the proper
officers can take their seats on the 1st of
July, and we do protest against instructions
as to the nature of the answer.
| Mr.. Page followed Judge Ould, and spoke
first Of the delay of twenty days already in
the settlement of this case. No answer to
the complaint had yet been made. He in
sisted, too, that inquiries into fraudulent
voting were not proper under this proceed
ing. The peace and tranquility Of the
should not be unnecessarily prolonged, but
that the people should know as soon as pos
sible who are their officers. He then of
fered, to show that all the Conserva-
tive candidates do not participate in the
contest, the following paper, which he pro-
posed to file rs counsel for Mr.. Bentley:
4" In the Hastings Court for the city of Rich
nlond, June term, A. D. 1S7U-In the
matter Of the complaint Of James Hayes
ct ais:
" To the Hon. 4. B. Guigon, judge, &C.:
| This respondent having been served
with copy of said complaint and notice,
that any right or claim chat he might have
to the office of Auditor of the city of Rich
mond under the municipal election held in
said city on the 26th of May last would be
contested, respectfully answers that he as
serts no right or claim to said office.
" "E. B. BENTLEY, by counsel"
Judge Crump objected to the paper be-
1 Iy1fr 80 ,l,1
was not represented in this proceeding.
Mr.. Page: represent him, and I pro-
pose to file the paper at the proper time.
l wish now to read it by way Of illustrating
my argument.
The Court overruled the objection, and
the paper was then read.
Mr. Maury, of counsel for complainants,
followed MIR. Page, and urged the point
that this was not u contested election in the
vulgar acceptation Of the term. 1t is not 4
strife between candidates, but the Court is
asked, as in n,andam,ls, to compel certain
public officers to perform their duties under
the law. He submitted that inquiry into
anything else but the matters mentioned in
the complaint was improper.
| Judge Crump replied TO the argument Of
Messrs. Ould, Page, and Maury. He de-
clared In all sincerity that he had never
listened to an argument from such source
with more amaZement. To sum il all up,
they announce that in time Of peace like
this, when it is so essential that the purity
of the ballot shall be maintained, fraud
shall walk our streets unchallenged, and
there is no remedy or redress under
our elective system. They say that although
the election may have been carried for u
certain party by one thousand fraudulent
votes the court shall crown this capital
fraud with Il chaplet of flowers. If this is
| so, what is our elective system worth? They
propose to tie lis to the naked, technical
point Of the conduct of the commissioners,
and having placed us Oh this Procrl,stean
bed, with unsurpassed confidence challenge
us to better ourselves. 1t is said that
this is proceeding an rem. 1t Is in
one respect-that your Honor's decision
is final. From it there is no appeal. When
| you decide one party is entitled to the
return, no human power can challenge the
decision. Standing before this supreme
court, we are asked to be silent as to the
great frauds which have been committed
and to let the case be decided on mere
technicality. The opposing counsel did
well to argue from imagination rather than
from law. They had not read one line of
law in support of their proposition. If
their argument is sound and true, this old
State, whose escutcheon has never known
j blot, stands disgraced, and instead of
purity Of the ballot, fraud and dishonor
must reign. If fraud has been committed
there is Il remedy, and the statute preScribes
the remedy; and the election having been
contested, the way is now open for proof of
any illegality. 1t is said that this is not Il
contest, yet the caption OF the section of
the law under which this proceeding is
instituted expressly dcsignatcs it as such.
The law says, too, in SO many words, that this
court shall "pr0ceed on the merits thereof,
and determine finally concerning the same"
Is the court merely to revise the arithme-
| tic of the commissioners, as Mr.. Maury
had intimated? Would that be proceed
ing on the merits of the case? Again :
They commend us TO Il n,andGn1uS after the
case has been finally decided as the law
prescribes. The Conservative candidates
have no apprehension as to the result whe-
ther the investigation is confined to the con-
duct of the commissioners or not, but pre-
fer to show that their claims rest on far
higher grounds than their certificate. They
wish to show that large numbers of Illegal
votes were cast for their opponents, and it
is to this that opposition is made. AS to the
motion Immediately under consideration,
he urged the Importance Of the court lay
ing down rule Of proceedings, that coun-
sci may no longer grope in the darkness
We will be prepared to take whatever
course is prescribed.
| Colonel johnson next spoke. He pro.
tested against the idea that this inYestiga.
tlon should be confined to the points which
che complainants choose to make, but we
! are, ct the same time, willing to meet them
on that issue. The Conservative candidates,
however, do not wish to be installed unless
| by legal vote, and they know that if the
contest is decided in favor of the other party
| fraud, falsehood, machination, and perjury,
walk out OF this room In triumph. We chaI-
lenge investigation as to the legality of the
election, and on that ground alone we
stand. He could safely predict that proof
Of one thousand fraudulent votes would be
produced. Perhaps this is one reason why
they shrink from opening the question of
fraud. But if this evidence is excluded in
the face Of the demand of justice we will
be ready to go ut once into the trial.
| Mr.. Page said great deal had been pre-
matllrely said about frauds and Illegal
voting. This court has nothing now to do
with that. A great wrong has been COM
mitted by the commissioners of election, it
has been complained Of, and it ought to be
righted.
Mr.. Neeson closed the argument. He
| said it had not been his purpose, nor the
purpose Of his associates, to comment on the
merits of the controversy al this stage of the
proceedings, nor to indulge in defamation.
But since this course had been pursued he
wished to say that they intended to demon
strate that there had been an overwhelming
| amount of fraud in the Late election ; to show
ut whose door these frauds lie, and thus
vindicate the claims of the Conservative
candidates to these certificates.
The Court then announced that, in view
Of the novelty of the question raised, time
would be taken to consider it, and the de-
cison would probably be announced this
morning.