The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-02-15
REPORT OF MEsSRs. SULLIVAN AND JAco
LDnLOHEnl. nErInLLcAN..
Received
REPORT BY MEssRs. SESSIONS And GoAR
CDHIocRATs.)

lDtMocRATs.)
/ Mr.. Spcaker-The undersigned. members
Of tar Committee ON Contested Elections,
differing ~ they 10 with the majority of
said Committee iu the conclusion reached
hy them in HE ease ct BENJAMIN King, IT,.
Y ". w. !. Willing. beg leave to submit The
following report:
7 Tie total vote iu Copiah county at the
late rlccfifu stood Tor King. 1927 for
/ willing, lGl.; giving majority for King
of 23j votes. The registrars certified that
tile vnf" wn, 80 fellows: King. 1865; VIII
ling. 1857; giving willing majority Of 50.
tn" evidence shows and IL IL not contrO-
~ rtrG. thIf fij- result was reached by the
Boaid ~ Registration by excluding from
the count the tuti~ from the box on east
side 81 ihr rGlt"Ei at Crystal Springs,
and tire BItto1tor b.tN. At Crystal Springs
cast oi ilc railroad King received az votes
Htd WILING 'ntH- . majority for King Of
40. ~ Buu"uf1u hing received 81 votes,
aud Wiling 3 . majority for willing Of
=. Tie returns fiuin both Of the boxes
named heb Nrfs 10 evidence before the
Committee. ave- r'EGltr having proper cer-
t'icau ANT ullu attached, and are filed
with thH te-fiupI iu the ease, marked
"ENhiJIt. u -au h. The reason assigned
hy a." REGISTRAR fur excluding said returns
l. th5t the Inspectors aud Clerks were not
sworn at tlir time the polls were opened.
The testimony shows that al the box re-
ferret tp, ut trl stat springs. the Inspectors
htlil AlNihr lf'ntl Niii eNb~tIlbt.l ANt proper
oath briorr opening the polls. but that the
oath was Lut administered until II or u
o'Oock 4 The authorities arr abundant
and unanimous, a. contained in the reports
Of almost every State la the Union. that
such az irre2uiarity does not inyaliGate the
election.
Ia Di-hou ". Smith. County Judge, 10
Iowa u 2l2, the following language j. held /:
The people are not 20 be- distranchised. TO
be deprived OF their voice, by the omission
OF some duty by an officer, " an election
has in fact been held at the proper time, aud
such penalty ought net % be- visited upon
them for The negligence or wlllfulness Of
one charged with similar duties.' Upon
considerations like these, the courts have
held that |thc voice Of the people ought not
% be rejected for a defect, or even want OF
notice. u they have in truth been called
upon and nave spoken Referring 90 tie
facts ib that case. the Court says: "a more
maniie-t fault j. In tire fact that neither the
Judges nor Clerks Of election appear 10 have
been sworn. Ia the case Of the township
before named, the officers signed form Of
oath, but there j. no eYiuence Of the oath
having been administered. IL is urged that
tai. defect entirely yitiates these three re-
turns. Bot the law T. not so. 'Were the
ease upon trial upon the facts, the court
ght receive evidence Of these officers
having been sworn, and this might be the
course ia the present case, but the law goes
still further Neither the election nor the
subject 10 rejection IL tie above officers
were not sworn p. 30.
In 10 Wendell, N. y. R.,) l3J, and the
following eases among "A great number,
language equally strong and conclusive, b.
held. viz: DEMO- y. Y. r., lGs: / Hill. y.
Mass ~; . Maine, JO7 10 Illinois. 492
? COrter. Indiana. 400; ], Manning. Micil-
gan. 3G5; 10 Minnesota, 100; 10 Ohio, ls4
"a Wisconsin. l23; 70 California. 2li; ~
Pennsy lvania, Oregon, Us; Is Louisiana
30l; % Illinois. 4l3: z Texas, 2l7. Many
other cases ~ point might be referred 20,
but we deem it unnecessary 20 accumulate
on this proposition. as we pre-
sumo thar IT. correctness will not be de-
MED. We viii only in addition, refer 10
Cooly's Constitutional Limitation, = 6lS a
622 and Brightley's Contested Election
Cases. p, ABS.
IL mas also been repeatedly held under
statutes similar 10 ours, that the duties Of
the board Of registrars or canyassers are /
purely ministerial, they cannot 20 outside /
Of the duly certified returns made 20 them,
see cases cited above. In Manning, Mich
igan, X. IL Is stated I'm this connection, that,
lin a republican government where the
exercise OF official power Il but derivative
ballot-box. IL would be a monstrous doc
trine, that would subject the public Will and
the public voice thus expressed, % be de-
feated by either the ignorance or corrup-
Llon OF canvassers-" =. 30
In this case, then the certificates Of cleo
lion should have been given 20 King, as he
was elected by majority Of 245 Il there
my testimony 70 show that his election was
secured by bribery, intimidation or fraud
We invite the House 20 a careful cOnsidera-
ion Of the evidence--the mass Of IL relates
20 disturbances In 1S87-'GS-60 aud '7O-that
here were disguised men seen in COpiah
county as late as l660-that certain threat
ming anonymous letters were received by
postmaster. one or two, az late a. the fret
" the year l67l--that there was excitement
md patr0lling on the streets at the time Of
he Dry Grove Riot, ETC., all Of which - en-
irelY Irrelevant in This case and can serve
in ether purpose An the opinion Of the un~
|oreIant1. than tp excite feeling and pas.
Ion f. relation % the unlor|une14 occul-