Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-06-18
The view Hampshire Frauds.


Of votes shall be required TO elect a Sena-
tor TO the Legislature Of that state and in
districts in which no candidate receives
such majority, the House and Senate, in
joint convention shall fill the vacancy. 1t
also provides that the moderator presiding
at the meeting at which the votes were cast
shall count them; that the town clerk shall
send to the Secretary OF the State record
Of the vote and that the Governor and
Council shall examine the records, and
summon the persons appearing to have a
majority of votes to attend at The meeting
of the Senate. At the election last March,
the Republicans elected i've Senators, the
Democrats five, and in two districts, Of the
votes counted by the moderaiors and re-
turned by the town clerks, no person had
a majority, and consequently there was no
choice. In these districts, the Democratic
candidates, Priest and Proctor, had plu-
rality, running little ahead Of the Repub
lican candidates. Obviously, the only du-
ty devolved upon the Governor and COun-
Gil was to summon the ten persons who
appeared from the returns 10 be elected
and this would have left the Senate, on its
assembling, evenly divided in politics.
Gov. Weston, Democrat, and his Dem
ocratic Council, acted upon different ad-
vice. The Republican candidate in one Of
the districts in which there was no choice
was Gen. Head, everywhere known as NA;t
Head, and be was voted for by that name.
Gov. Weston, however, ir ,he first place
decided that Gen. Heads name was Ma
thanie and then that the votes returned
for Matt Head were really cast :or Nathaniel
Head and having thus taken two steps
which were no part OF bis duty, he took
upon himself the office Of moderator, or Of
the Senate, and refused to treat the votes
so coDstitutioually returned TO him as
votes, because OF the statute OF the State
respecting the full Christian name. By
this extraordinary and unlawful use Of
power, he declared the Democrat elected
in that district. In the other district some
scattering votes were cast for Arthur Deer
ing, supposed to lie constitutionally inelis-
ible 10 the office of Senator. This fact the
Governor could have no official knowledge
Of, and he had no RICH; whatever to refuse
to treat them as votes. Indeed, il he had
been made by the Constitution the hnal
judge of the election, he should have count
ed the votes for Deering. There is not, in
this country, a respectable authority for
treating votes for ineligible candidates as
blanks. By treating these votes for Deer
ing as blanks, the Democrat appeared to be
elected, aud was summoned as a Senator.
These acts Of the Governor put into the
Senate two persons who had no more right
to be there than though they had never
been voted for, but had been seated by
military force. 1t was an official usurpa-
ton, exactly .on a level with the outrage
perpeirated by the Louisiana Returning
Board last winter. 1t made the Senate
Democrat by just the votes OF Priest and
Proctor, and then they passed upon their
own right TO seats, and declared them
selves elected.
The Governor had been asked, previous
10 his action, to take the opinion of the Su-
preme Court as TO his power TO go outside
Of the returns made TO the Secretary Of
State. This be had in effect declined 10 do,
alleging as an excuse that there was not
| time. Amer getting possession Of the Sen
ate, however, the Democrats in that BODY
asked the opinion OF the court; the RepUb-
lican Senators also asked the opinion ofthe
curt on a somewhat different set OF ques-
ito ms; and the House, Republican in its
organization, put variety OF interrogato-
| ries to the judiciary Department Of the
| Government. The court consists Of Two
Democrats and one Republican, and was
created last year by the Democrats when
they were in power in the State, Repub-
lican coHrt having been abolished to max G
place for it. These inquiries were prompt
| ~ answered, the court unanimously say
| ing it was none of their business ; that the
Con siituiion did not permit the Judiciary
of State to sit in judgment on the action Of
| the Governor or the Senate. Practically the
court say, that whether the Governor sum
moned the proper men TO constitute the
Senate or not, they could only recognize as
a Senate the body be had called together.
We are not disp osed to criticse this opinion
OF the court; indeed, if it had been differ
emit, as it could only be an opinion, and
not a ju dgment in 4 case properly before
them for a decision, it would have been
| Only NAAOdBlG a. AuS Va thN NNAa =
and would have bound nobody. As il is,
| it leaves the action OF the G vernon and
the conspi racy of the Democrats OF the
| State 10 steal one branch Of the Legislature
just as inexcusable as before; and this all
| the more as this Democratic court was care
| ful not to say that the Governors course
was warranted by the Constitution and
| lauS Of The Sfa;e n they couid have civ.
en- ltheir party any help OF that sort they
would have made haste TO do SO. Theil
retice nee on the real merits OF the ques-
tons submitted is also significant OF toe
evasion by which lbe Governor avoided
getting an opinion in advance. II he hac
asked their opinion OF his duty in advance
they would have been Obliged by the laws
of the State to giveit and they would hav'
been careful not 10 risk their judicial rep
ulation by advising that he could lawfully
take the course he has taken. The frsuC
aud usurpation having thus succeeded IN
der the forms OF law, the Republicans
could do nothing but submit, or violentl!
resist, and they wisely submitted.
The pc oPle can judge from such instance
of Democratic disregard OF laws and Con
| stitutions what sort of an administration
OF public affairs We should have If the par
ty had control Of the National Govern
ment.-N. \. Tunes.
|
When the people quit fooling with fire
arms there viii be fewer sudden deaths. /
fellow at Fall River snapped a gun at
/ Il. 4.