Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-03

the candidates of the Union Republi-
can party, for the number of votes
cast in that district in 1894 exceeds
the plurality claimed and the number
OF voters registered in 1886 is greater
than such alleged plurality. II is q
recognized principle of Constitutional
law that the neglect by the public
authorities of any action required pre-
ilminary TO an election resulting in
denial to electors of the opportunity to
participate in an election, il the num-
ber OF electors 30 denied such partici-
patton exceeds the plurality and might
have changed the result, renders the
election nugatory. ''That one emitted
privilege by the action of the authori-
ties is a fundamental principle. Il y
And although the failure of one
election precinct to hold an election,
or to make return of the votes cast.
might not render tho whole election a
nullity, whore tho electors of that pre-
cinct were at liberty to vote had they
30 chosen, or where. having voted but
failed to make reIurn, 1t is not made
to appear that the voters not returned
would have changed the result, yet if
any action was required of the public
authorities preliminary to the election,
and that which was raken was not
such as to give all the electors the
opportunity to participate, and no
mode was open to the electors by
which the officers might be compelled
| to act, it would seem that such neglect,
constituting as it would the disfran-
chiRement OF the excluded electors pro
hac vice, must on general principles
render the whole election nugatory
| for that cannot be called an election or
the expression of the popular sen.i-
ment where part only of the electors
have been allowed to be heard. and the
Others without being guilty Of fraud
| or negligence, have been excluded.
| (Ccoley's Constitutional Limita-
tions," marginal page GIG "If, how
ever, the inspectors of election shall
exclude legal voters, not because of an
honest error in judgment, but wilfully
and rorruptly. and to an extent that
affects the result, or il by riots or
otherwise legal voters are intimidated
and prevented from voting, or for any
other reasons the electors have not had
opportunity for the expression of their
sentime1ts through the ballot box, the
| election should be set aside altogether,
| as having failed in tho purpose for
which it was called. Id, marg.
page 621.) One of the clerks of elec-
| tion in the Eastern election district Of
| Duck Creek hundred, member of the
| Union Republican party, at the bidding
and with the sanction of one of the
| judges OF election In said district,
| another member of the Union Repuhli-
can party, did refuse to give out ballots
| to the electors, as required by law, and
there was no adequate legal remedy to
compel him to give out such ballots,
and by HE unlawful and unwarrantable
refusal tu proceed with the election. ac-
cording to law he disfranchised hun
dreds OF electors in this county, being
greater number than the alleged
| plurality OF the Union. Republican can
| didstes, and thereby nullitied and
| vitiated the alleged election of every
Union Republican candidate in Kent
county.
We maintain, therefore. that there
has been no election OF their candidates
in Kent county. And in view of all the
circumstances of this alleged election,
no disinterested and unprejudiced man
can maintain that the Union Republi-
can candidates have any good moral
claim to the offices to which they pre-
tend to have been elected or that the
| law 10 tWiblbu
liberally for their benefit. Whenever
the law is SO construed it must be for
some person having good claim in
conscience and in equity or for the
public good. They have no legal or
equitable claim, and none except their
own blind partisans will allege that
their induction into the Offices to which
they were not legally elected would ac-
| comnlish any good DurDOye,
Kent county, because of the lawless
acts of the Union Republican party,
is in a state bordering on revolution.
Wa do not believe hoard of CANVASS
in this State is authorized by law to
throw out election returns when duly
certified according to law. The throw
ing out of the returns from certain dis
tricts by the board of canvass may also
be revolution. We are quite ready to
concede that one wrong does not justify
another wrong and that two wrongs
never make right. But revolution is
not always wrong. Sometimes it is
! absolutely necessary and therefore
justiiiable. When the Boston patriots
dumped the tea inro Boston harbor.
they were not acting in accordance
with any law. The Independence of
,, this republic was not secured by any
prOcoSS VI law, Uul ny TbNoiutioh.
Many of the mos. precious rights of
! freemen, secured by our Anglo Saxon
forefatheYs, were wrested from the
British crown by revolution. The
members oil the board OF canvass re-
fused to certify to the election of the
candidates of the Union Republican
! party, when as a fact of public notoriety
their apparent plurality was Obtained
by lawlessness and revolution. The
} board went step further, perhaps,
, than the law authorizes 1t threw out
, the returns from some of the districts
where lawlessness was rampant and
{ counted some Districts; the results
3 then showed an apparent plurality for
5 the candidates Of the Democratic party.
! and the board certified to the election
: of the Democratic candidates.
t Y This review OF the situation mani
t testify shows that the unquestionable
: election OF the Democratic candidates
y was prevented only by the lawlessness
: and revolution OF the Union Republic
0 can party.
: We have thus detailed the foregoing
z facts because hitherto many we'll
8 meaning citizens who were not aware
: of them had condsmned the action oi
r the board of canvass and given their
i sympathy and support TO the Union
+ Republican candidates. Now, however,
!. with these proofs of the revolutionary
: and lawess course of the Union Re-