Year: 1870

| Ills phy SiSAi SoAolblou w iish GuC


indulgence of the court. he spoke of his
Honor's decision first made in this case rela-
| tive to the sanctity of the ballot. To that
decision the side ofthis question represented
| by him and his associates bowed with all
the dignity which became them but at the
same time, if your Honor please, expert
encing great deal of surprise and disap-
pointment. So far as this court is con-
cerned you have decided that you cannot
60 into an investigation Of fraud and illegal
voting committed at the polls.
Your Honor has decided that, and that ls


all you have decided-all other questions
are open. The decision which your Honor
rendered, and the question involved by 1t
which was so elaborately discussed was in
protection of the rights of the voter. 1t did
not reach the conduct Of any one connected
with the polls. We were at loss at first to


understand your Honor's decision, mas
much as your Honor made no allusion to
the Both or Goth sections of the election law,
for the reason that certain phrases to which


we attached large Importance, such as


"undue or false elections" etc., and
language to which the complalnants at
tached Importance also. was not alluded
to. Your Honor decided that the mo-
tion should be confined to definition OF OF
the rights, privileges, and immunlties, or
the voters. We selected one out of the six
teen precincts OF the city-the third pre-
cnct of Jefferson Ward, to illustrate what


we regarded as the merits Of the case, hav-
ing been denied what we considered as our
lust rights. The election law has not yet
been construed; it is now to be construed
by you. As your Honor said the other day,
you have no enlightenment by previous
decisions. There was no statute like 1t IN
the Uuited States. Counsel regretted that


the state of his health did not promise his
Honor any material assistance In Its enllght-
enment. go. 81.


If the gentleman on the opposite side


who had lust concluded be right, we need
have no law. Indeed, if he be right, we


have no law. Though the law direct O
thing shall be done, and it is not done, it is
all right-it is only directory. From the


beginning TO the end this statute was the
most mandatory one the speaker ever saw,
and there had been error upon error, de-


parture after departure, from its unmstaka


BILE mandates or directions. The speaker
cared not which they were called. And
vet. this was all right If the gentleman who
had Just finished was right. The case now


before this court was solemnly important to
the State. 1t had been decided by the court
that the ballot-box was so sacred that 1t could
not be touched to prove fraud. Having decl-
ded that it was now the duty of the court to


see that every substantial requirement which
the statute itself says shall bo complied
with is strictly complied with. If that be


not 80, then we have nothing left but agra
rianism and mObocracy. Is this law entl-
tied to judicial execution or not? Are we


right i'll saying that the law shall De com. ON.


piled with, or is the opposing counsel right


in saving that no matter what the violation
is, no matter what the departure from it is,
ali Is right, though everything in point OF
fact is wrong! s..


The speaker wished to know what ono


requisite of the law had been complied


with at the third precinct of Jefferson


Ward. In his Judgment not one single one


had been. 1t had been Il total abnc cation


of all law, so far rs the proof goes. What


was required by the law? 1t required that


the officers of election should be sworn.


That was done. 1t required that the box


should be turned up side down in the pre-
sence of the people. There is no proof on
that subject. 1t required that there shall


be three iudges--all acting together. 1t re-


ouired that if within an hour after the


nolls are open there are only two judges,
thew may appoint,!a third, but does not


authorize that any votes shall be received


until there are three judges. In section 81


of the election law it is prescribed that the
voter shall deliver his ballot to one OF the
Judges in the presence OF the other TWO
Judges and it means that it shall be done.
This is the law. The fact connected with
it, as shown by parole testimony, to which
we objected, is that for one hour ut the pre-
cinct named two judges acted. This Is the
testimony of Mr.. Paul. Were those two
Judge even acting In cooperation? No. He
tells you that there were two separate polls,
one for whites and another for blacks and
the two Judges were attending, one to the
one poll and the other to the other. Each
acting independently of the other, and lg-
norant of what the other was doing. DID
the law mean or not that there should be
three Judges present and acting together?
1t said 80 as plain as language could see. 1t
made ample provision for filling the places
of the absent ones to insure the presence Of
three. Should the fact Of the absence OF
this Judge 20 for nothing? Your Honor
felt constrained, and, as know, reluctantly
constrained, to decide against going into
the question of fraud and now VIII you not
feel constrained to see that this election was
carried out in strict accordance with the
law. The rights of the electors can only
be secured bY following the strict letter OF
the law. Leave that, and we embark on an
ocean of electioneering confusion. For any
cause, sickness or aught else, the place Of
the vacant judge of election might be sup
piled, but it must be supplied with three,
and only with three could the election be
proceeded with.


The law provides that there shall be q
duplicate poll and the Secretary of the
Commonwealth is directed to supply the
Judges with duplicate poll-books. That


was done in this case. The words spoil


book" does not exist i'll this election law


but in one place, and in one connection,
and that connection is thus: That when the


polls have been closed, and the poll-books


have been brought to the office of the clerk,


one book shall be given to the clerk OF the


commissioners and the other to the Mayor.


In every other case the words used are


poll-books." The object of duplicate
pol-book is accuracy. It is as check and
q balance; that the one may help the other.


1t would be hazardously uncertain to have,


in the confusion of an election, only one


clerk. The law also provides that at the


close of the election one of the judges shall


read over the poll-books and see that


the number Of ballots correspond with the
number OF votes shown by the poll-b0ok to


have been cast. Was this done?


We're there duplicate books at that pre-


cinct. If so, where are they? These in
court are not duplicates, for neither Of
them contains one name that the other con-
tains, contrary to all law, and to all the
| theory and principle Of voting by ballot.
Aftcryour Honor has felt constrained by
YOUR interpretation of the act of the Legis-
| lature for the secrecy Of the ballot, to de-
eide against going into evidence of fraud,


are we, are you, are the people OF Rich


mond to content themselves rs my friend
on the other side contents himself with the