The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-02
The Decision of Judge Mann In the
Case of tho Clerk of the Hastings
Court of Petersburg. .


fore attracted the notice it deserves. The
Democratic press of Virginia has been
prompt to condemn in advance the claim Of
Senator Abbott to a seat in the Senate of
the United States, and to denounce un-
sparingly the attempt to seat him in that
body on the ground Of the ineligibility OF
his opponent, and that be having been the
only eligible and lawful candidate before
the Legislature of North Carolina, was du-
ly elected. The Lader and Courier of
Judge Mann's own city, have severely crit
icized and stgmatzed Abbott for setting
up such claim, and the United States
Senate for entertaining it, and yet they
have approved and sustained the decision
of Judge Mann who gives a certificate Of
election to a candidate defeated by an
overwhelming majority at the polls, and
declares him elected to the responsible Of
fee of clerk of the Hastings court of the
city of Petersburg for the term of six
years.
Our principal object in bringing this
matter before the public at this time, is to
direct attention to this decision as prece-
dent. If it is generally accepted as law
full and just-if it is to be considered that
ia all similar cases that may hereafter
occur, similar decisions may be rendered,
we have no exceptions to take. We are
willing to accept as principle in law,
"that whenever one party who is ineligible
is candidate for office. his opponent who
Is eligible, is entitled to the certificate of
election, no matter what the result of the
vote )" and this is what Judge Mann's de-
cision amounts to. We believe Mr.. Davis
was eligible to the office awarded Mr..
Armistead, on the first day of July-the
day he would have qualified but for Judge
Mann's decision, and we suppose this is
the point that will be made, and on which
the case will turn in the United States
court where it is proposed to test it. And
we.are informed that all parties are ready
Z
plies to giving the certificate of election to
the eligible candidate without regard to the
vote. %
AS no possible question exists as to the
ineligibility Of Governor Vance to seat
in the United States Senate, and as Gen.
Abbott was the only eligible and lawful
candidate voted for, we call upon the press
of Virginia, that has openly or silently
approved of Judge Mann's decision, to
advocate the application of the same prin-
ciple in the Congress of the United States,
to urge the rejection of Governor Yance's
credentials and the immediate admission
of General Abbott as Senator for six years
from the State of North Carolina We
are aware of the fact that this principle
has never been recognized by the Ameri-
can Congress; that never in its history
has it admitted to seat in either body
contestant on this ground of ineligibility
of opponents. 1t has always rejected this
plea, and reu.anded the case to the people.
But we are also aware that Congress has
never before been able to avail itself of
the wisdom of Judge Mann. Unfor-
tunately for themselves, our Senators and
representatives have heretofore, when
reading law or looking up precedents,
been compelled to grope in the dark.
Those in the present Congress have the
advantage of them, and inasmuch as they
have this advantage and can avail
themselves of the clear, lucid and learned
decision of this sapient judge, they will,
of course, be expected to reverse the de-
cisions of former Senates, who were COM
PEELED to make their decisions without the
assistance of the legal productions OF
Judge Mann, and, as matter of course,
must give General Abbott the seat he
claims. When this is done, let the
Democratic press Of this State and
of North Carolina unite in peans
of praise to this learned Judge-to
this upright Judge-to this second Daniel
come to judgment-to the system that
has given us this Judge-to the Legisla-
ture for its penetration in discovering his
talents--to the city that has had the honor
of presenting him to the woodland
henceforth and forever let the name of
Marshall fall into insignifcence-Yi Virginia
presents to an astonished world another
talented son, the son of man named
Mann has arisen What a shame that
his talents should be hid in the little
Cockade City--presiding over a one-horse
corporation court. They should have a
wider scope, and we nominate him now as
the successor to Judge Chase, to fill the
vacancy occasioned by the election of that
functionary to the Presidency by the
Democratic party, achen that contingency
occurs.