Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1873-12-27


take the trouble even 10 Examine their ballots
being assured that they have the ticket which
expresses their general political sentiments.
Can Congress accept any man as the repre-
sentative If district when the partial vote re-
ceivel by him was cast under circumstances
% show conclusiye,y. that the great mass Of
the electors of the district were ignorant Of the
ftct that \ Congressional election was then be-
ins he'll ignorant u( the fact that there was
a clndilate IN the fel seeking their support
or that the country expecie the perform 1nce
Of that high duty by them as voters II the
partial vote of four counties IN a district COM
posed Of eighteen counties, and without notice
os such an election. can confer the representa-
tive trust np,n an individual, then four pre-
cincts in the cunty Of MonongAlia conld have
accomplished the same result, or even one
under the same circumstances, and that one
the smallest In that county.
This is not Ike the case where there being
fair notice Of an election, those who do not
come 20 the polls are presumed % acquiesce IN
the result effected by the votes Of those who do
attend In this case there was no Official no.
tice that a Congressional election WAS to be
hell in August On the contrary, every Off
cial proclamation and notice limited the elec-
ton 10 State officers. and in some Of the coun
ties # this District Berkeley among them, Of
fetal notice was given by the Board OF Super
yisors that no vote would be received fora rep
rescuiative in Congress
II would not. think, be 4 sound principle,
IN a case Ike ills. even if goa are Of opinion
that an election for representatives in Congress
/ might legally have been held in August. % say
II a. ~ D.. -. - g., IN
/ known such % be the law. aud should have
I cast their votes on the day prescribed by law.
Such technical reasoning might be admissible
/ iu controversies touching private property, AMI
/ individual responsibility but j., should not be
applied in determining the political rights Of
the people. or In ascertliniug the validity Of
+ great representative trust. think the views
/ of Chief Justice Biiukerhotl, Of the Supreme
+ Court Of Ohio, delivered in the case Of Foster
vs. Scarf. are more IN cousonance with tie
true theory Of our government. In that case
he SAYS:
"But it is said. the law presamcs that every man
knows the law, or is bound by To- whether be ac-
tualv knows 10 or not. and one man is not to be
deprived o' his right through his neigh bors igno-
/ rance of the Jaw. No one denies these general
/ principles; but they, ike other general legai
principle, not Drocrs ic0n n their Application
The Constitution, and the legislation under 10 re-
cognize the policy of notice 90 electors other than
. that which arise, from mere legal presumption
and the right OF no man Is hereby invaded, tor no
man has q right t0 hlch an dice through the me
dium OF ,u prise upon the great body OF the cleo
tors. I'm the case before u, the CIRCUMSTANCES
show. TIA, the m stake out ofwhich the whole mat
teroriruatad. involved The Governor Oi the state.
a. well rs the electors OF the county, District )
and does no discedt % their character for intel
igencc; and The She-d', proclamation. by cm-
b-acing maHr other Offices, but emitting thatnow
10 controversy, was Ca ated % mi>lead instead
oc en,ighterirg them.
Here then. was an election. held without no
tice t1 the body of electors. wtnout notice such as
the law prescribes, and without noticeiE act from
any other source Whatsoever; and for this reason.
and IRRESPECTIVE Of any Circumstances ot conceal
mcnt and straiagem on the part g the few electors
Who did not vote. we 'e of opinion thai the cleo
tion was irregular and invalid
he concludes his opinion rs follows:
"Iut whore, us in this case, there was no notice,
either by Official proclamation, or in fact. and IL is
obvious that the great body az the electors was
wi.led for want of 'he Official proclamation, its
absence becomes such an iiregu'arity as % pre-
vent an actual choice b. the electors prevents an
actual oh ctio0. iu the primary sense of that word.
and renders invalid any scmb|3nCe Of an electi n
which NAY have been attempted by few, and
which must operate. IL allowed O. operate at all,
rs a surprise and fraud upon the rights OF the ma
n.y.
Mr. Iaeanf cannot him cf claim that c
ever made known To the people Of ills District,
that ne was . candidate for their Suiirages for
a seat in Congress. Tie cannot charge the
electors with inaitention and neglect y not as
scrtns their proper riehtS IN resisting his az
tempt 20 become their representatives, He
gave them 90 notice of his purposes; bee offered
them n0opporfuujty ofco1ntencting his STRAIT
egv be carefully concealed from the general
public the fact That he intended 3 have his
name placed upon he State ticket. be >elu-
lou,'v confined that fact 90 the unity of his
residence ip Tho north western. portion Of : L,
District, and in three other counties cpntgu-
ou, thereto. H. as sedulouSlv withheld iufor-
nation e TINT fact from the remaining four
teen counties of the District.
Can Won. with Your Characteristic frauknesS
and manlness. sanction Such an attempted
surprise upon the people? Can you regard a
person thus chosen. as any representative of
the son tmsuis, the feelings or the interests of
tits District? Is it ~ means Ike these that
Won can consent 20 see the great popular rep
reSeuiativs taii of This nation iied2
ln the contested election from this District
In 1864 between Bethud ~ Kitchen and
Lewis NIcKcnsic, although the election was
held az ono u the general elections of the
State Of Virginia, anil on the day prescribed
hy law for Congressional election and al
though Nlr. Kitchen received a plurality of 2l6
votes, over bis competitor. Mcken>ie. yet as the
facts 00I circumstances which then character
izol the condition &C our District were such
that lis result could not be regarded as a fair
expression of The popular VIII. and gave no
evidence that he was the choice of majority of
the electors, the House refused to receive Mr..
Kitchen as the representative from This Dis
trict Mr. Dawes. then prominent member
~ vour body. now chairman Of the committee
of WAYS and Means made the majority report
upon which the House acted and the whole
country has since rec ,Cuized the Justice Of This
decision audi It's acc0rltnce with the true priu-
ciples OF representative government
hone that you viii not for one moment
suppose that am Influenced in my repng-
nance o the admission Of Mr. Haeans as a
representative from his District. because he is
OF pr ics>cs % be, Republican, | would
with equal energy. war against such a result.
10 attempted ty any Democrat in this District
write th's'ei'eT to Won from M personsl or par
usan feeling, but solely 10 yindicate the purity
and fairness of oar elections; 10 protect myself
and ihc srea, body Of the electors Of this Dis
trict from an adroit and indcfens:ble sunrise
attempted upon rs and 70 maintain the honor
and dignity az the representative character.
. .tle vital feature # Cur political SYSTEM and
I which can only ie preserved where men are
selected for iirb rul lie f-rsts " f,;- anil