Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-05-26
From the Lewiston Journal.
May 4th, 1873.

THE NE w HANPSHiHE ELEC Iio''
1t is stated that a large number OF thu
most intelligent and candid democrats o
New Hampshire entirely disapprove The
action of Gov. Weston and his council il
declaring democratic Senators elected in
the second and fourth districts. Even the
New York Tribune, which under its pres
ent management has been disposed to
generally defend the course OF the democ'
racy. declares that the will of the 800
voters who voted for "Na;t Head" cannot
be defeated by any such game, and that
the men upon whom this fraud is attempt
ed. and thousands of others who may have
been led into voting the democratic ticket,
will turn away from democracy and all its
works with loathing aud disgust.
The grossness of the outrage is all the
more inexcusable. from the fact that the
same democratic Governor and Council
recently declared Jones (dem.) elected to
Congress from the first district. notwith-
standing all the votes cast for him bore
the name of Frank" when it appears
that his baptismal name is Franklin"
Let the same rule be applied to this case,
that has been applied to the case of Matt
Head" and the democratic Governor and
Council would be obliged to declare White
house (rep) elected to Congress The
fact that the republicans conceded Jones
election, and the democrats claimed it,
shows that at that time nobody had con-
ceived the Interpretation now put on the
constitution and law by the democratic
leaders.
We notice that some Of the democratic
papers in their eagerness to defend every
thing done by their leaders, place them
selves in ridiculous attitude. One of
them says that the constitution provides
that
1.-The fall christian and surname OF every per-
son voted for with the initial letter Or letters of the
middle name, and the usual authorizations for
Junior second third and the like, shall be written
Or printed upon every ballot; and every ballot not
thus prepared, shall be regarded as blank and
not counted"
The above paragraph is not quoted
from the constitution of New Hampshire,
but from the laws of the State relating to
elections. Like the law of our State,
which provides that ballots shall be writ
ten or printed ION clean, white paper
without any distinguishing mark or
figures thereon besides the name Of the
person voted fort refers solely to the
duties of municipal officers in receiving
and counting votes. The Governor and
Council never see any ballot" which has
been cast, and of course cannot have any
thing to do with counting "ballots." That
is the duty of the Selectmen. The Gov
ernor and Council see only the "returns "
of the votes cast, rs sealed up in open town
meeting and returned to the Secretary of
State.
On this point the constitution OF New
Hampshire, as well as of Maine (tor they
are exactly alike as to this matter) pro-
vides that
1.-THE governor and council shall examine the
returned copies of the list of votes attesed, etc,
and issue summons to such persons as shall ap-
pear to be elected by majority of votes
This is all there is on the subject, either
in the constitution or laws of New Hamp-
shire. The duty of the Governor and
Council is perfectly plain, and that is to
open the returns OF votes and add up the
figures for each candidate precisely as re-
turned. and from such mathematical
computation ascertain who, if any one,
has majority OF votes. They have no
power to go back of the returns to correct
them, or TO receive evidence as TO the in
tentions of voters or the names and quail
fications OF candidates. That is the prov.
ince OF the Senate itself. which has the
power OF going behind the returns and
examining into any and all points. The
case brought before them several years
since, and it is well understood that the
Court in New Hampshire would have held
similarly had the democratic leaders given
an opportunity to consult the court, as the
republicans desired. The reason for this
restriction of the duty of the Governor and
Council, to the mere examination of re-
turns, is evident; for to give the Cover.
nor and Council the power of going be-
hind the returns in the same manner as
the Senate can. would be to give the ex
ecutiye department the power TO coniro
the organization of the legislative depart
ment.
That sense of justice and that regaf'
for fairness which control large MAJOR