Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-12-22

To the Editor 0: the Free Press and Times.
see by your weekly Of the Sth instant
that YOU copied the article of the Bangor
Wing and Courier, on the attitude of the
Democrats in the case of the Senatorial
contest in New Hampshire, two years ago,
and in the present contest in South Caro-
lima. There is no doubt that the editors of
the political papers have the right to show
up the Inconsistencies Of their opponents. If
stated truly and perhaps they could not be
accused Of dishonesty II they only Published
partial statement to prove their objects.
But when they directly talsiiy the position
Of their opponents, and state things as laets
that are false, and thereby mislead their
readers, it is going far beyond the allow
ances Of partisanship. do not believe you
intend to misrepresent in the copying the
article mentioned above, as You assumed II
as true but when yOa see the truth, |
think your love Of justice and fair play Will
induce YOU to correct 1t, as | call your at
tertion TO the errors
First-It says, "They began with the Sem
ate which according to the returns had
seven Republicans and five Democrats
The TACT Is the returns showed five Repub-
licans and five Democrats elected, and in two
districts no choice, es a majority l. required
to elect, but the two Democrats had plu-
rality of about one hundred, even il You
counted every vote that could possibly have
been intended for the Republican eandidates.
Second-It says, /" The Constitution gave
the Governor and Council, no lower to 20
behind the returns" etc. Now the Con
stitution makes the Governor and Council
Il = 4 a.
first instance, and of no other officers but it
makes the Senate the final judges of their
own election The Senate OF New lamp
shire does not pretend to represent the peo-
pie, and is not based upon population, but
represents property and is based upon pro-
| perty so you can imagine why the makers
Of the Constitution thus guarded the cleo
ton of Senator. The same cour; that sns-
tained them in their action regarding the
Senators, decided, the year before, IN i case Of
member of Congress, that they could not 20
| behind the returns, Us they were the Judges
| of the election of Senators only, nOt of Mem
bers of Congress. This court was composed
| of two Democrats and one Republican, not
all Democrats a the article stated and
| think they were unanimous in both deci-
sions.
Third-It says, "To declare Il vacancy
would not answer the party purpose. etc,
so they arbitrarily threw out all the votes
referred to-" meaning the votes cast for
matt Head Now. the .act l., a law of
the State, passed in 1858, expressly declared
| that such votes should be thrown out. 'dnd
shall not be counted" " Every ballot in New
Hampshire, to be legal ballot. must have
the fultChri>tian and surname OF the candl-
date, and the initial of the middle name II
any. Now, Head was = voter in Hookset
| as "Nathaniel Head, p" and was on that day
elected moderator as "Nsthaniel Head,
but was voted for as Senator as INA It
Head and lie has since had his name
changed. in a legal manner, from "Nathar'-
iel Head" to "Natt Head" Quite a
number Of officers in New IlamPhir''
have lost their elections in the same
manner within twenty years. Now in the
Fourth District, the temperance candidate
WAS constitutionally ineligible, and the Gov
ernor and Council. as judges of the election
of Senators, called his vote blank, and that
gave the Morgan vote to the Democrats.
You and ], Mr.. Editor, believe that the
voice Of the people, fairly expressed, should
rule and to avoid the complication often
arising from requiring a majority to elect
believe it better 10 have plurality elect
Ii the plurality law had been the law ii
New Hampshire at that election, the tw'
Democratic senators would have had thel
seats unquestioned and to make this cas-.
parallel with South Carolina, the Governor
and council should have presumed 70 "
judges of the election Of Represen'a'Se'
.,nd to have for some reason given 'uo -,
| t;6cates to enough Demoorat is to con'ro, 'ne
House. and shen for them to elect the "'''
erDOr- ,,., the facts fairly
I before your readers, the comments oi sne
dered harmless. FAIR PLAY