Year: 1868




TIE APPLICATION FOR MANpANUs DENIED


OPINION OF THE COURT.


On ihe opening Of the Court in General Term
this morning, Chief Justice Cartier dehvered
the opinion Of the court in the case Of the appli-
catien Of Hall and others against the Judges of
the Election, as follows:


In the case of II. A. Hall st al agt II G. Rob-
bins et al, the Court have come TO the couclu-
sion 10 refuse the application for a writ of
mandamus The principal reason that has
brought the Court 10 this conclusion is that in
the case made before them they do not find that
clear authority for the superyention Of the
writ that they would desire TO find before
grsniing IL.


In the case made the fact is presented that
i've or six United States soldiers, taken from
Russell Barracks, are presented for registration
In this city as voters, and registered as a part
OF the electoral force Of this city, and in the
Relation they are charged as being non-resi-
dents, except so far as this is at present the
place Of their military habitaton- In reply TO
mis- Relation 70 IL sand by a majority OF the
judges that upon propoundng given questions
they made satisfactory ans wers; and that among
ths Sc questions was one as to whether they
were citizens of this District. To that question
they made an Affirmative answer, which the
Judges say was satisfactory 10 them. There is
nothing in the case W hich shows that the Judges
acted in bad faith or with any other purpose
than % ascertain who Were and who were
not citizens OF Washington; and the Court
is left only enlightened by this Relation and
this Answer except so far as they are advised





while the court permitted il TO BE- rect iyed and
placed upon file they do not feel themselves al
liberty to regard il as overruling the return of
majority OF the Roard. They feel themselves
concluded by the repert of the majority. The
question superyenes whether upon that SIM
pie issue, the court is sufficiently ad vised that
not. Lying behind this is the question which
was presented 10 the court. aud which their
ultimate view of the SUBJECT mpell-d them TO
deter inc, viz: Whether they would enter in
A fhS fo frar a h.far
the Board with view to ascertain the
truth, or whether or not they would
enter into a. traverse of the facts away
from the Board to ascertain the fact
OF residence by parole proof The
Court determined for the time being that they
would not receive that evidence. This was done
as an appellate tribunal to revise the action OF
the Board: that while the writ might be enter
tanned for 4 NEUTRALITY-SUSPICIOUS. OF the duties of
the Board In so corruptng the registration list
not voters or rejecting those who were entitled
to the right: yet whatever mig ht be the decision
upon that subject, the Court, in the absence of
such case, did not feel themselves permitted
10 enter upon and traverse all the facts per-
tanning 10 citizenship: which would, in effect,
transfer the seat of judgment in the work of
registration from the Judges of Election 10 this
Court.


The decision of that question was involved
in the issue, and the Court came to the con-
clusion that In the absence of any appear
auCes VI on the part OF
the judges, any conspiracy to impose upon
the ballot box IN the discharge of their ou-
ties, but on the contrary. where il appeared
that the duty was to be exercised under the
dlsc1etlon and Jude ment Of the Board, and had
been fully and dscreetiy exercised. they would
not take upon themselves the work of revision
oy reuaveTsing the facts that entered into the
question OF citizenship, but leave that matter
10 be determined alone upon the return and
answer.


There was another consideration that opera
ted upon the mind Of the Court To make
writ OF madam us effective il must have a rem
edy within its reach. 1tmust BE- capable in its
execution of redressing the wrong that is
complained Of. The Court was made aware OF
the tact that on Monday the election is 10 take
place. that the work of registration had been
Ss the law had previouly existed, closed The
honoate that would 60 forth from the %Oonrt
w0pld be that that Board should reasseuh1e to
open Its work OF correcting the list. Under
the law Its reassemblIng was made TO depend
upon notice. No time superyenes to give that
notice; and no times superNenes TO give oppor-
tuniy 10 correct the list; therefore, l. the writ
went out. ii would go ont without the pos sibIl-
ity of being executed. Ii appears to he Court
that the want OF time is an objection to the
issuing OF the witt.


These TWO considerations have prevailed on
the majority OF the court, and brought them to
the conclusion 10 deny the uIng of this writ
without passing any Judgment upon any other
question in yolved. for there is a very grave and
imports question in connection with the case
We have before us We have here the aston





INTO the United States service from the four
quarters OF the Republic, without any other
relation 10 the city than being Quartered In
public barracks; men ted by the public, clothed
by the public, lodged by the public, marched
by the public. armed and disarmed by the
pubhe, and moving under the public Will, are
engrafted upon the citizenship Of this city by
the mere accident that they are ordered here
Tor duty.


Now, it will occur to every CITIZEN that if the
armies ct the Republic are 70 be moved from
one precinct 10 another, and to be engrafted
upon the elective franchise wherever they go
II the armies Of the Republic bear any propor-
tlon to W hat they have done in the past-then
there is an end TO free government there is an
end to the purity OF the elective franchise; and
every citizen is interested In setting his face
steIn1y against ii. If any soldier can be in
duced 10 leave the drill of his command and
undertake 10 vote down the local interests of a
community because one party or the other
think they can gain 8 temporary advantage
by practicing fraud upon the elective franchise
II is time IL was ended: and the Congress OF the
United States have in this case very properly
interposed and settled all these doubtful q ues.
tons. l. says 10 the soldier: "If you are A SOL
dler OF the United States, you shall not b. dis
franc hised, but to be enfranchised in any pre-
cinct you shall bear the evidence that you have
family in that precinct" Congress has thus
finally determined for this precinct the Ques-
ton upon that subject, and that Determination
ought 10 be regarded in the coming election by
the military officers in command of this Dis
trict: ought TO be regarded by all good soldiers
!" Cofuudnu. duu ought 10 De regarded by
the citizens Of the District for. if there is any.
thing that would postpone all that is SACRED In
the rights OF citizen sovereignty, il would b. to
introduce TO the ballot.box and into the con.
troyersies Of political elections the hired sol.
der OF the Republic in time of peace.


1 make these remarks in view OF the fact that
we have before US plain palpable law, enact.
ed by Con gress for the purpose OF correcting
this evil; law inhibiting this class OF per-
sons from interfering in the civil walks of life
while they are bearing the bayonets OF the
Republic . r-~..- ...''.,
This is all that wish to say upon the sub.
Ject. In the Judgment of the Court the
Judges of Election. although the law desig-
nat first two days. but now three. for the cor
recnon OF the list. ard although we believe they
dis charged their duties In good fSith although
they were appointed by the Court rs gentlemen
Of character and standing in the community
well aoQuained with its citizens and while we
believe they honestly intended to do
their duty, yet we think they mistaken
in their view that the law in granting them two
days in which to make correction Of the list.
meant 10 restrict them TO two days. The spirit
and the purpose of that Law are that they shall
give to the public not tess than two days with
in fly days Of the election for the purpose of
correcting the list, but 1t Is our judgment that
they may give as much longer time as in the
exercise OF their discretion they may think
proper. The trouble is, that the ssdays" do not
supervene IN which they might be able to do IT,
and thatis the dimculty with this process asked
for here. What the remedy is the Court are
unable 10 advise. II however. the Court had
command of the army at tins place thev yvouId