The daily gazette., 1878-04-01
THE MAssACHUsETTs ELEC.
TION CASE.
DEAN VS.. FIELD.
EXTRACTS FROM THE SPEECHES OF GEN
- ERALS BANKS AND BUTLER.

| MIR. BANKS. "rhe election In ques-
| ton here occurred on the 7th day OF Noe
| vember, 1876. There is no doubt that the
supervisors, in this case at least, did their
whole duty. Nobody complains that
they did not on that day do everything
that was requlr.d, They made their re-
| port and they did not say and could not
say ANYTHING improper took place at
that election because 1t was agreed on
all sides it was peaceful, orderly, legal,
and perfectly honest election. The count
of votes and the declaration of the result
OF the polls In the congressional district
in question were In favor OF the con-
testant, Mr.. Dean, aud against the sitting
member, Mr.. Field, by majority OF
something more than 20 votes.'
MIR. BUTLER. II l believed upon
the fair preponderance of eveidsnse SO
derived, as it strikes my mind, that Mr..
Field received the larger number of votes
at this election, he should have my vote
to retain his seat here. But should be
very unwilling to be brought to that col n-
clusion upon the ground that the evidence
provided tor by laws of Congress and
furnished by the supervisors was estab-
hshed to be set aside because that United
Statet law wss not made in pursuance Of
tho constitution onal power Of Congress "to
make and alter" State regulations In re-
gard to Federal elections. y
But the count Of the supervisors ap-
pointed under the authority of Congress,
selected by tho court indifferently from
beth parties, should be received by this
House as the highest evidence until
somethingmore than o count bysomebody
else, afterward made under State law,
is set up In your place Of this official
Federal count.
You may show that these supervisors
made mistakes, that they did wrong; you
arc at liberty TO show that. Their count
is not conclusive. But, In my mind, 1t ID
conclusive against any evidence that Is
not of higher character. And subse-
such Is not higher or better evidence
This Is what claim for this count oi
the supervisors in this case.
1t has been said here that ehese super.
visors constituted a sort of machine by
which somebody was to be oppressed. l
have given you the whole history and
scope Of the law; no mgn will doubt 1t
Now, whenever a man signs his name 10
ths declaration that 1t Is not constitution
al, under the right to alter aud regulate
by Congress the manner Of elections ir
a State. TO pass law providing for the
appointment of officers to see that there
! Is fair count, then L must make my pro
test here, now, and ever.
l would remark also that in no con
gressioDal district in Massachusetts can
| there be by law recount of all votes cas
except In the district under considera
ton. Why? Because this district Is com
J posed wholly of wards ofa city, portions
; OF the.city of Boston; and all the othe
congressional districts are composed
partly OF cities and partly of to Hns. The
recount applies only TO cities; there can
not be recount IN towns. Our Legisla
I ture will not hear a call for recount ii
{ towns The constitution Is isagainstit.
, Under these circumstances how is tn,
election conducted The inspectors-th,
ward inspectors chosen by the people
and others appointed by the city authori
, ties-go to the polls aud hold.the election
Two watch the box, one watches th,
| checklist. A man comes up and give
his name; his name Is checked Off ant
his vote is put in the box. AT interval
of an hour during the day the box II
turned" as 1t SAID; that is, the ballot
box Is carried to a table and the vote:
emptied thereon to be counted. Thel
d the warden and inspectors of elections b.
gin the count. We have Requirement
of law that no officer shall give informa
9 ton how the vote stands during thu
4 progress of this count, SO that A or
may not rally his friends in the afternoon
to change the result. The officers silent
e ly count. As rule the unscratche'
@ votes are laid aside in packages OF 20, al
. was done in this case. Then the scratch
K ed votes are taken up, counted and lai'
4 aside In like packages. This process l
gone over every hour with each box, tht
different officers changing from time Il
time, and revising each others count un
til the last hour, when there lare usual.
very few votes cast, during which tn
s count il finished. As soon as the box /
d turned finally the last votes are counte'
n ntalt af...x d. u..A dnn Ead .
10 the people present, SO that they may So
" whether there has been fair play. Tn
returns Of the votes are then sealed vi
+ aAd sent to the city clerk of the city-ho
70 to be recounted unless there is som
charge of wrong, but to be tabulated b
a the city clerk and the tabulated return
IA sent to the governor and council, VIII
IF are the final certifying officers in som
40 cases as in the present. My colleagu
% Mr.. Banksl was, 1 think, in error in su
u posing that the governor and council eve
( count the votes. They examine the tai
n ulated returns and declare the result,
l. Now, the ward officers swear that the
made their official count. In additio
81 to that the supervisors appointed undo
n the law of Congress made count in a
- the contested wards, and made a return
% The latter count does not vary substan
IL TALLY from that of the ward officers. Th
lg result is the same-the election of NJ
T. Dean. The supervisors then 60 HON
v and make their return to the chief 81
pervisor Afterward tn sre was a conr
NJ by asubcommittee of the board of aide
10 men, and this last count came out diffe
=" ~ emily from the other two counts. Why
o. l do not believe the ballot-boxes wei
70 tampered with.
" Now, then, Alderman Stebbins W;
" chairman. of this subcommittee who r
u counted the votes here, and he tells ,
e. whenever paster was SO broadly paste
le on as to cover the name of the office Il
" which the candidate run, then they cou
A. ted that vote as blank. have a vete hel
n one of the original ballots of Mr.. Fiel,
~ (holding up the paper to be seen by tb
"a House) L have one of the original ba
ne lots OF Mr. Field, and you will see "W
III bridge A. Field" is in large tyre, an
er "for Representative to Congress"
ic small letters close to it above, betwee
those two black lines. Now, then, L wal
,r to vote for Mr.. Dean, for instance. p
" a sticker, as IL is called with Deans nan
ne on, paste it over Mr.. Fields name bl
or so wide az to cover up "for Represent
e. tive to Congress" and ] would have
be careful if l did not, because "for Re
resentative to Congress" is close to M