The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-25
To the Voters of the Sixth Congress
ional District of Mississippi.
VIcKsDURG, MISS, Nov. 20, Il

VIcKsBURG, MISS, Nov. 20, 1880.
! The election officers of Warren county re-
| fused to count certain ballots for the Republi-
can candidates because they contained distin-
| gushing marks in violation of the law of Mis-
| sissippi. This action has been denounced by
| the friends and organs of Mr.. Lynch as fraud
ulent, violent, corrupt and illegal, and some
| good Democratic organs like the Greenville
| Times have conceived the idea that the law
was intended to prevent exterior marks alone
| on ballots, and hence it has declared "the ac-
| ton of the Warren county election commits
sioners entirely erroneous ifnot indefensible."
AS this action Of the election commissioners
of Warren county was taken after an argu-
ment, openly made to them by myself, deem
it due to the Democrats of the sixth district
| that l should state the grounds ofmy argument
and of their decision.
The 18th section of the code of 1880, pro-
vides-
'All ballots shall be written or printed with
black ink, with a space of not less than one
fifth of an inch between each name, ON plain
white printing newspaper not more than two
and one-half nor less than two and one-fouIth
inches wide, without any device mark by
which one ticket may be known or distinguish
ed from another, except the words at the head
CT the ticket, but this shall not prohibit the
erasure, correction or insertion of any name by
pencil mark or ink upon the face of the ballot
and ticket different from that herein describ-
ed shall not be received counted"
And we will state that this is almost an ex-
act copy of the law of Ohio, with these excep,
tons: The Ohio law allows one-eighth instead
Of one-fourth of an inch in the variation of the
width Of the ticket and further makes it
criminal IN any one to vote OF circulate tick
ct which does not conform to the statute. AS
the candidates usually have the tickets prepar-
ed, we think the Mississippi law more lust
than the Ohio law, because 1t is more Just to
punish candidate who prepares illegal bal
lots with loss of the Office, than to punish his
friends for having voted an illegal ticket
which ne has prepared for them.
The wisdom of this law is not now in Issue
but 10
been not only sanctioned by long usage in the
Northern states, but that they are sustained
on principle by Judge Cooley, one of the most
accomplished writers on Constitutional law in
Judge Cooley says:
The mode Of voting in this country at all
general elections is almost universally nv
naiiot. Inc distinguishing feature Of this
mode of voting is that every voter is Thus on.
abled to secure and preserve the most cam
plete and lnvlolable secrecy, in regard to the
persons for whom he votes, and thus escanes
Inc lnnuences which under the system of oral
SURFACES may be brought to bear upon him
with view to overbear, and intimidate and
thus prevent the real expression of pubIic
sentiment. PUOAiV
In order to secure, as perfectly "a nossible
the benefits anticipated from this system stat.
utes have been passed in some of the States
which prohibit ballots being received ~
counted, unless the same are written or prin,
ted upon white paper, without aay marks or
ngures thereon, intended to distinVuish ono
ballot from another D'
After giving this statement of the system
Huuge cooley proceeds to this emphatic
lang uage: These statutes are simn1v decIarao
tory OF constitutional principle that ipberes
IN the system of voting by ballot and which
ought to be inEiolable whether declared or
In the absence of such statuta oil dou;o
oy which party managers are enabled 10 dis'
tiinguIsh ballots In the hands of the voter and
thus determine whether he is voting for ar
ora
constitution inasmuch as thew tend ~ Jaf sne
tablished." y D0ii0' 10 es-
:: And just here We viii state that the Renub.
lio5h eIectlon managers in Warren counfv
unuer the guIse and protection of heinz ~
ted states supervisors, not only did at tbo
various precincts in Warren county. distin
sut I'm; me ballots In the hands of the voters
violation of the constitutional nrincin nIo ~
9ounced by Judge Cooley, actuaIIv wr an.
ted a. me ne Hane OF each voter and how he yo
teq as the ballots were deposited in the bov
n, we now proceed to the argument beforoA -
warren county commissioner WaoiS the
presented the statute of Mississipni abere
1uOJeu, anu tnen the definition of he vyorJ
marx aG as given by Webster "Oru
Mark yi9fble sign made or 1af. -,
ILL., IN IN = inc, point stamp, figure or az
a11er uiawn or impressed as to attract H.
tlmation, as a token or trace a NATION or in
GDoncIuslvely that the marks found ,Seor "1
republican ticket came under tb;s 5 Pun the
of mark. 'hts deAnItion
den;ed next INSISTED that the statute had i,ss,s
enieo an ythlng to be mark nv which os
uc5et could be distinguished from n1 one
demor ms mage profert of the tickets ana
uJLmanded OF the Commissioner ~ ano
other br sney could distinguish one from tSs
ticket "a tILlng outside of the letters On {he
they could, ueclded that |
intends sls - now contended that the statute was
and tIst =! 20 apply to exterior marks elona
Lon by the inspectors. thew m-ss -. ehJec-
ask attention to the tvo-fold naf,,Se a1
~. ~ prescrIbes defects thai go tt ~ tne
tieksts aS internal, and prescribes tbat
! 9. dlHerent from that deacrihad ~ mat
Oe received or counted. y Shall not
Al Inc ticket is printAd
- ~ paInelng Newspaper If 4 ia s-ag out
in or II 1t has any other exterior AL
see, It should not be rece;x ~ peGSors could
,pecsoE has right to open ticLa. no .. IN
tora9 De gross violation Of the la Mn
;ae,s s; ne inspector to know anv intern.iL Nv
The statute requires tbat a.. a.,
. 49, % not less than one-6Tffh ~ -. 1- =: ~
,seWeen the names" This vac ;t11 inch
M 80. 80 VI me voter to scratch one ra~.s
.no write smother on the ticket Te ~ name
we're printed too close 10 Ala. = me names
I OF II Printed nearer tcvefhar ~ . De
Ne law PrescFibes. this wo,IS sS;ts tnan
i - o, a..a xet the inspector. not being ana
-..:I og gs ~ could not discover tIs59 dea-
NIL y, after the ticket was receiye5 ~ geEect
~ ~ uekess might have printed on AZ
~. ! y IN eagle, nag, the picture a. F;rI N
ubliean e 9;aAay 2. the devices printed 81 "a
,s,.I1 - eas kets n the past, and W. 49, /
oula re q folded aa not to be seen ~ they
psosess such atckeE would havp - 80 1917 ~
mazkI ana yet We presume ~ ;. ~ Tss.sLl
=. ss1aa ~ heket thus marked akenid | !