New-York tribune., 1877-07-14
HON CLINTON BECAME GOYERNOR.

HOW CLINTON BECAME GOVERNOR.
AN EXAMPLE or "FRAUD" WHICH TAMNANY NAIL
MIGHT STUDY BEFoRE II Walls AGAIN IN PUB
LIC-vOTEs LAWFULLY CAST, But THROWN OUT
or THE COUNT
To the Edit0r Of The Trtb"ne.
SIR: In the year 1892 George Clinton was
declared duly elected Governor OF the state OF New York
by majority OF one hundred aud eight OOsl votes By
force Of the then existing laws the votes for Governor
Governor aud Senators were canvassed by
JOINT committee Of the two Houses OF the legislature
consisting Of six members from each IIonse Tue Con
stuton of the state scction 2G provided that sheFHs
should be annually appointed. and tnat no person shoa
Do capable of holding that Office more than iour years
successively OF holding other Office al the same
time By ysatrte It was provided that OF the inspec
ors OF Elections should deliver the ballots and postS
sealed up 10 the Sheriff OF the County; and II was pro
vdcd 10y Law that each and every shcrih OF the rspec
tive counties in this state should upon receiving said n
closures without opening any Of thom or inspecting
either OF tha put said enclosures. and every one Of
flcm into one box. 10 wei mclosed aud sealed by
him. under HIS hand and seal with the name OF his county
written on the back, and be delivered by hG INTO the OF
ice Of the Secretary this state where the same was 10
be safely kent provided that all questions ans
in on tie canvass Of the votes should be Gcclde1 bF
majority Of the members OF the joint committee attend
ing.
These points are stated az they must be held in mind
10 understand the question which the election of Mr.
Clinton turned Richard r. Smith was Sheriff OF tic
County of Otsego from the 18th day of February l|9,
20 hold until tlo Ieth OF February, 1902. He notified 10
the Council Of Appointment which then made the shefh'
that he would accept the Office for another term ana
this he did on the 18Th day OF January 1892 The Conn-
I'll Of Appointment, did not make another appointment
until the SO,h Of March, 1892 when Benia min GlDeft
was appointed. His commission was delivered 10 ophn
Gi and n was not iii tho II III day OF May, 1872
that ne 0uaiided. Thus. either smith hcld over te tr
was n" shcrii of Otscco County during that period of
s. days. TO compcac the matter s more, oinith va
the town Of Otsego aud on the first Tuesday In May took
IFS sca In the Board OF Supervisors and accd us suoh
officially.
on the 81 day Of March the ballots of the County OF
O.sego were delivered % bin Sheriff and by him IN
closed IN a hox about the 81 day Of MAY, |nlch
box he sent by special deputy to the Secretary OF state
There Was dispute In regard 10 the votes that Were
cast ami sent in the box to the Secretary % state Bu
TIE qres,icn- were: a. Was Richard II. Smith the
Sheriff of the County when hc received ana forwarded
tho ballots nv hs special deputyl (2D II be was nor
shorih can the votes sent Ly Ii De cantaSS3t tnes
questions were SUBMITTED i9r al' ~ % tnfns KIN,
and Aaron Burr Mr Kings opinion Eas tt ht>naci ~;
ms The torn # years had not cxlrcd from the lc
o. smiths appointment aud MS successor had not taken
possession the office lie legally Shefh 0 0HeEo
Countv at the time tho votes were forwarded Il no,
legally Sheriff, hc was Sheriff fact-lnd thoGeh sucu
acts OF an officer dc ffct0 As arc voluntary ad cNclu
vy 10 himself are void. yet snch acts as tend
~ .be ,.uhiic utitv are valid SIR. Burr held thar rs
bcI., 5as no statute in NewYork authorizing shcilh
10 cxercisc the functions Of his oicc a'r hH term eh
pres therefore when his term expires Tie Shcllu ceSed
! officially TO exist.
The canyasSers followed BuIr's advice ana thns &c
feaed the viii OF tc pc pie, for every one agreed that
the votes Of Otsego being counted Jay would nave
minority OF about 300. King advised as to give the
will Of the people Just rights aud powers BGrr Delng
"A Democrat, decided rs DemocIat ana George C'lich
took the high Office Of Governor of the state OF New
York by no better qubblc than this when neither he nor
h friends dared deny that the honest votes OF the
electors o. Otsego County that did find their way to the
ir m hc Secretary OF STATE, and before the can
yoqsrrS II counted, wOUld have gwen most Justly tie
pioc 10 another man. How could George Clinton take
tbc oi.e urrrr such circumstances TIC only answer
il. he lng the ranVasseTs alone could decide. ana no
Curf rouI review tleir work. and having made dc
Office Hammond in as political history of the STATE
| og Ncw-IOrk says: lie must have been &pprised
Of te s,l.e of the case before the canyasseis dc
/ ciIrd a. kline Was taken 10y them 20 eonsG
! cout,,.I and Obtain written opinions. Ought mol.
COY clinton 10 have volunteered his advice 10 then
ana II he had advised them 10 allow the disputed votes
/ f. II Da,sblr tlat majority - Gle Committee bcnS
p urrsona and political friends, would have rejected
| themi
| Ie wa, rot large enough to do such thing as Ham
rond suggested but he of the founders Of the
! Democratic party GEORGE DEDpLN
| Eairmou0d Ny, July o. 1877.