The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-01-11
THE CONTESTED ELECTION
RMGMm
Defeated Radicals COn%PArln& 10
Rob aRe People OF Their Right
40 Choose Their Own AEenns-


which Is being made by divers lean and
hungry and INSCRIPTIONS professional
ofiice-seekers to crawl into that body in
defiance of the popular viii.
These cases have all been referred 10
by THE CLARION, and very recent men
ton was made of the adventure of GIL
and his associates from Marshall county,
who, in order TO promote their vile object
VIGOROUSLY managed to exclude in the
preliminary investigation, the testimony
which would have completely exposed the
dishonesty and rottenness of their cause.
Examples, equally vile, of brazen at
tempts of ofice-seeking adventures in
search of employment by the Legislature,
which was withheld from them by the peo-
pie, are found in the examples of the Mon
grel pretenders in Lauderdale, Chickasaw,
Copiah and other counties. They are all
clear cases of conspiracies to defraud the
voters of their right to be represented by
men of their own choice and We do not
know that one is more fragrant than the
others.
In the Copiah case, Willing and his
sable confederate have, through the
agency of partizan Board of Registrars
managed TO obtain certificates of election.
In that county, there is no pretence fraud
alleged against the Conservative can
didates. There is no pretence that single
vote was cast which was not authorized
to be polled by the Constitution of the
State. The voters of the county went
peaceably and quietly to the election and
deposited their votes and on count i
was ascertained that Willing and his
crew were defeated. Then, as desperate
resort, these hungry spoilsmen, presumed
to procure the ignoring of this result on
the ground that in the case of one, OF
probably two, boxes, the managers OF
the election were not sworn in before the
voting commenced, though the omission
was supplied after the voting had pro
crossed for time. OF this omission, the
voters themselves, who are the chief par
ties interested, and who are sought to be
defrauded, were ignorant. The blame
rests upon the officials who were appoint
ed under the Radical administration. We
do not charge that it was previously
coneocted conspiracy to create a pre-
text for trampling on the viii of the
people of the county in the event {
majority of the votes were cast agains
the Mongrel candidates, but the circum
stances warrant the suspicion. The fact
however, stands prominently and incon
testibly forth, that there was no fraud OF
the part of the voters-that there was no
forcce-that the election was orderly anc
peaceable, and that the Radical candi
dates now claiming TO represent the coIn
ty, were defeated.
To sustain this pretence of claim, i!
to sacrifice the main object of election
to mere form and to trample upon the
right of suffrage guaranteed to the citi
zens by the supreme law of the State.
The Inspectors had no authority to &c
behind the returns. 1t was their duty tC
make them up from the figures placed
before them and to furnish certificates
accordingly, without inquiring into the
forms of conducting the election. When
they assumed to change or to correct
/ fhaY,1 IN onA TO ao.t1f
Gates, at variance with the results which
they bear upon their face, they were gull
ty of exercising powers which did not be-
long to them. The remedy of aggrieved
parties was in the Courts, or the Legisla-
ture, as the case might have been. This
principle was declared as the basis of a
decision by Judge Gilbert of the Supreme
Court, of New York very recently in a
case ON an application for a mandamus
directing Board of Canvassers to reject
and not to count certain returns from one
of the Districts of the city of New York
The learned Judge said 4:
The authorities on this subject are unani-
nous and decisive. The rule is as declared
by the Court of Appeals Of this State, in the
People rs. Cook, 4. Selden 81, that "the
County Canvassers, with regular return
from the District Inspectors before them,
which Is fair on its face, huue no right to 90
behind u and prOue that its estimates are uEareli
able, by reason Of rObcdyism at the polls or ir.
regutdrities of the Inspectors. They must act
upon it as regular return, and leave the
parties aggrieved TO their remedy through
the courts of justice" (See Brghtly's Lead
ing Gases on Elections. 305. where the an
thorities are collected.)
It has been urged that here is great pub
lie wrong, and that the court by virtue of
its supervisory powers over all inferior tri-
bunals, ought to interfere by the writ of
mandamus, and cause it to be redressed.
Passing by the objections to this of tech
meal nature. IL is sufficient to say that the
Court has no authority 10 invest the Board
of Canvassers with power or duties which
the Legislature has withheld from them, or
to enlarge the powers or duties actually
conferred upon them. Our duty is to adj
minister the law, not to make il. The
properremedy Is to punish the perpetrators
of the frauds alleged, and in an appropriate
action wherein the parties interested on both
sides can be heard, to determine the right to
he Office involved in the election. L should
be glad TO have it in my power TO summa-
rily deprive the instigators and perpetra-
tors of these frauds of the fruits of their
inquity. 1t is better. however, to bear with
the inconvenience and delay attending the
usual remedies than to seek redress through
the exercise of doubtful and dangerous |
powers. No doubt the statute can be amend |
ed so as TO secure in a higher degree the !
purity and inviObility of the suffrage, and
this ought to be done, but it rests solely with
the Legislature whether these objects shall
be accomplished or not. The commanding
or even sanctioning. by the Courts, OF the |
board Of cdRrdsseFS Of dIly lOlceI TO reject re-
turns or to change the result appearing from |
them, ac0aId be frdHgIt Nth great danger, far |
more, in my Judgment. than is likely to pro- |
coed from The frauds or crimes of district |
ms pectors. Admit the power. what is to |
limit or regulate the exercise Upon what |
evidence are returns to rejected or altered |
How is the inquiry to be conducted? In |
what manner are the parties interested to be /
hoard A litfle reflection unOn the aDsxrar- 4