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H. of R.]

Kentucky Election.

(May 31, 1834.

tox, Ralph 1. Ingersoll

, Kensey Johns, jun., Robert P. at an unusual hour; the judges had been changed after LETCHEN, HENRY C. MARTINDALE, Isaac Pierson, Robert the voting had been commenced; a deputy sheriff, who S. Rose, Jolin Taliaferro, John W. Taylor, JOSEPH was acting alternately with the high sheriff as presiding VANCE, SAMUEL F. Vinton, Elisha WhittleSEY.*-20. officer of the election, had been riding through the county

Here is my competitor himself, and a number of those to bring out votes for Mr. Letcher; unauthorized persons who now support bim, voting that the freemen of Ten- had acted as presiding officers; and when some of my nessee should lose their suffrages because they were de- friends, though in a weak minority there, bad ventured to posited in a gourd-shell, instead of a ballot-box! Arnold remonstrate with the deputy sheriff

' when presiding, they was of the party to which he belonged, but Lea was not. were met by the brandishing of a deadly weapon. The 1 presume, huwever, that he and his friends were actua judges had left the place of voting and taken a vote at a ted, not by party considerations, but by high principle! private house; they had permitted a voter who had inten. But where is that high principle now? How is it that mentionally voted for me to recall the vote after it was rewho could not conscientiously make a ballot-box out of a corded, and give it to my competitor. These facts, exgourd-shell, can now so readily make a judge of an elec- aggerated by rumor, which also alleged that an immense tion out of Grant, and a sheriff out of Marksbury? How number of minors and other unqualified persons had voted is it that General Kennedy's opening the polls an hour in Garrard county, created in other counties a belief that before the lawful time, and unlawfully appointing a judge I had been defrauded out of the election, and that the for that purpose-the taking of votes with no sheriff pres polls of that county, and particularly of the town of Lan. ent--the going from the court-house to private residences caster, were no proper evidence of the vote of the county, to take votes--the permitting votes purposely given to and ought to be materially corrected, if not altogether re. me to be taken off after the rulers had been coaxed to jected. It was natural that my ardent friends, who had request it, and then given to my competitor--how is it been so secure in the result of ihe election after Monday, that all these outrages, and many more, are highly proper should be deeply impressed with the conviction that they with gentlemen who would have overturned a whole elec- had been disappointed by improper means. tion when a political friend of theirs was to gain by it, Whether the sheriffs, when assembled to compare the because a portion of the votes happened to be deposited polls, have power to reject or correct the poll-books, in a ballot-box composed of a gourd-shell, instead of one had never been well settled in Kentucky. If a poll-book made of poplar or ouk? Let the people answer. should be presented by one of the sheriffs, which showed

When I reached home from Colombia, in June, 1833, 1 on its face that the votes recorded on it had not been found the State of Kentucky newly cut up into congres taken on the days prescribed in the constitution or laws, sional districts, as well calculated to bring particular in- at the place or by the regular officers designated for the dividuals into Congress, and shut others out, as if it had purpose, but on another day, at another place, and by been done with a single view to that object. My old dis- mere usurpers, it is not extravagant to suppose that it trict had shared the fate of many others, and the noble would be the duty of the sheriff's to reject it altogether. people who had so generously sustained me, were rudely if for these defects united, they would possess such a separated from their former associates, and unwillingly power, it is reasonable to conclude they would possess it forced into new political connexions. I do not impute for a portion of them; and if they could reject a whole such a design to the chief manager of that operation, (Mr. poll-book for notorious illegality, ihey surely might reject HARDIN,] who is always as honest as he is respectable; but any part of it for the same cause. many of my too partial friends did not hesitate to say that I do not maintain that the sheriffs have this power, nor this new and unnatural arrangement, so far as it regards do I admit that they have not. I merely say that there is the fifth district, had more reference to myself, individu. nothing extravagant in supposing that they possess it, and ally, than to the feelings, wishes, or interests of the peo-tbat this was the confident belief of many of my friends ple. So it was that the county of Garrard, (the residence in the present contest. It was known that Mr. Grant had of Mr. Letcher,) the people of which were supposed to acted as judge at Lancaster, for a portion of the first day, be almost unanimously opposed to the political views 1 and his name did not appear on the poll-book as judge entertained, was thrown upon the new district in wbich I either to the certificate or elsewbere. It was doubted reside, thus constructing a district, which, according to whether, after he bad been appointed, and commenced the result of the preceding election, contained a majority acting, the assumption of the place by Wheeler afterof 1200 votes against me. In this district, so arranged, wards, was legal, and whether all Wheeler's acts were I was a candidate but ten days before the election; and not void, and this affected the whole poll-book, the whole the result you have to determine. Possibly those who being certified by him. It was known that no sheriff had considered the probable effect of the new arrangement been present at Lancaster, during a part of one day, as were somewhat disappointed, and I imagine that my com- expressly required by law; and the sensation created by a petitor, if not his honorable friend, [Mr. Hannis,) who knowledge of that fact was not at all lessened by a knowlsees me here, and is now attempting to effect in another edge of the service on which the deputy sheriff was emmanner what his districting system failed to accomplish, ployed. It was also known that very many illegal votes would prefer by some odds that the district had been left of minors and others had been given for Mr. Letcher, and as it was before.

under these circumstances, it was not at all extraordinary On the first night of the election, I was about 200 votes that my friend should think the sheriffs ought to inquire ahead of my competitor in the district. A desperate into the validity of the Garrard polls. li might have struggle ensued on the part of his friends; and to that is been a mistaken feeling, but it was an honest one. It was undoubtedly to be attributed a large portion of the bad one of resentment at a supposed fraud upon the right of votes which appear on his poll. With the news that he suffrage, which ought promptly to be redressed. The was elected, the rumors as to the manner in which the mode in which redress was attempted might have been election had been conducted at Lancaster spread into wrong, but the motive was right. other counties. All the officers of the election were my

It was undoubtedly this motive which induced the mos warm political enemies; a majority of them were family tion to inquire into the validity of the Garrard polls. And connexions of my competitor; the polls had been opened it was resentment at the failure of the motion, anıl at the

approaching consummation of what he thought a fraudu. * The gentlemen whose names are printed in small capitals lent election, which induced Mr. Hocker, on the failure are now members of the House, and voted to sustain all the of the motion, 10 withdraw with the poll-books of Lincoln abuses which tended to promote Mr. Letcher's interest.

county. I shall not defend him in that step; but, knowy

MAY 31, 1834.]

Kentucky Election.

(H. OF R.

ing the character of the man, I shall not censure him. He shown, and all the forms of law trampled upon in Garhas had enough of that already, as well here as in Ken- rard county, and that the apparent majority for Mr. tacky. He may have erred; but it was from a noble mo- Letcher was made up of spurious votes. On the other tive. It was to prevent injustice, and not to do it. His hand, it was alleged by his friends that he was about to error ought, therefore, to be treated like that of an be tricked out of an election which had been decided in honest man, as a majority of the committee are disposed his favor by a majority of the legal votes, and that I was to treat it. Indeed, in the facts now disclosed, and ad- about to claim a seat in Congress with that majority mitted by the committee, his conduct finds an apology against me. How could the question have been so well sufficient to alleviate his offence. The majority of the settled as by the voters themselves at that time? There com nittee have found, and I doubt not the House will was abundant time before the meeting of Congress, and sustain their finding, that Mr. Letcher was not justly enti- their interests in this House could not have been comprotled to the certificate he would have received, if Mr. mitted in the least degree. After the refusal to submit Hocker had submitted his poll-book to the comparison.* the question to the people, it appears to me the insinua. This act has, then, prevented a wrong instead of doing tion that I wish to deprive them of their right of suffrage one, however illegal it may be in itself; and it will now comes with a bad grace from the friends of my competitor. be understood that the abuse heaped upon him has de. Why is the question here at all? Is it because I refused rived its gall chiefly from the exasperation of those wrong- to let them say, by an unequivocal vote, whom a majority doers whom he cut short in the execution of their own of them preferred as their representative? It was not my illegitimate designs. It will be understood that, instead wish, or my fault, that the question was taken from them of destroying the right of suffrage, he has, in this instance, and brought here. It was not because I was unwilling to secured it. Iam far from recommending his conduct to trust the people, that gentlemen bave had an opportuniimitation or future practice; it would be too dangerous a ty to exhibit their high regard for the right of suffrage on discretion to intrust to sheriffs, and might lead to enor- this floor. For all this they are indebted to my competitor. mous abuses. I am only speaking of Alfre<l Hocker as I was content to abide by a decision of the people; but a man, and of his motives in assuming so great a respon- he preferred appealing to this House. From the tribunal sibility, and showing that those motives were not based of the people to this tribunal, I was forced by him conon any wicked intent, and that his act bas wrought no trary to my will. To make you the tribunal, and occupy practical wrong. Thus far it is my duty to sustain him, your important time with such a matter, was his choice and having been in all vicissitudes my devoted and un- not mine. But as I was at first ready to submit the ques. wavering friend, I should not deserve to have a friend if tion to the people, and, after that was declined, proposed I did not, on this occasion, at whatever hazard or injury to submit it to a number of gentlemen, a majority of to myself, even the loss of a seat in Congress, perform whom had voted against me, I am also content that it shall that duty, and sindicate him against unmeriled aspersions. be decided by the House of Representatives. As my

Mr. Hocker made a motion, at the meeting of the competitor bas forced me here from the tribunal I presheriffs, to go into an examination of the legality and ferred; as he has compelled me to undertake the trouble validity of the Garrard polls, or a part of them. This and incur the expense of taking numerous depositions, motion was not unprecedented in Kentucky. In 1827, and, as this affair bas occupied months of my time, and when a gentleman, now a member of this House, (Mr: deprived the fifth district of representation for many Chiltos,) was a candidate in opposition to Mr. Calhoun, months, it is now but reasonable that the House should he had a majority of the votes given; but the sheriffs ex- decide it. cluded the vote of a whole precinct for irregularity, and The mode in which the friends of my competitor attack gare Mr. Calhoun the certificate. Both of the gentlemen the report of the majority is ingenious; but it may lead started for Washington; but meeting at Louisville, they the House to a decision which is contrary to the opinions agreed to resign and submit the case again to the people. entertained by a majority of its members, or involve it in Whether right or wrong, the idea that sheriffs possess a seeming contradiction. The majority make out my ma. this power is not new, and the rumors in relation to the jority of votes over Mr. Letcher to be forty-nine, upon manner in which the election had been conducted in Gar- the basis of the governor's return, but forty-four upon rard county were well calculated to suggest a resort to the copies of the poll-books. Suppose it to be forty-four, it. Mr. Hocker's motion, however, was negatived by the It is alleged that the majority of the committee were sherifts, and then he withdrew with the poll-books of wrong in striking off fifty-four votes from Mr. Letcher's Lincoln county, it is proved, as far as such a thing can poll, and sixteen from mine, on account of the illegal be, that he took this course at his own suggestion, and manner in which they were taken; and it is moved to reupon luis own responsibility, in consequence of a perfect store them. This question may be decided in the affirmaconviction that a palpable wrong to the people of the dis- tive hy a majority which we will suppose to be ten votes, trict would be consummated, if the certificate of election There are five votes for me on the Salvisa poll-book, were given to my competitor. The votes of the four re- which the minority say should be tranferred to Mr. anaining counties were then compared, and three of the Letcher; and let us suppose that a motion to that effect sheriffs united in giving me a certificate of election, spe- be carried by a majority of ten votes; but that this macifying on its face that Lincoln county was not included. jority is composed of other members than those who

i declined at that time receiving the certificate, and made up the majority of the preceding question. The promptly proposed to my competitor that we should both first vote would take thirty-eight from my majority; and resign our pretensions, and submit the question again to the second, by transferring five from one side to the the people. This he thought proper to decline. His other, making a difference of ten, would give my comTotises for doing so are not called in question; but after petitor a majority of four. Now, is it not plain, that a the making and the rejection of this proposition, it was majority of votes might thus be given to my competitor, not candid in his friends to charge me with attempting to when a majority of the members of the House believe deprive the people of their right of suffrage. There that I have a majority, and am duly elected? Let us exwere assertions and imputations on both sides; it was amine the matter a little further. Both of these questions alleged by my friends that gross partiality had been must be decided against me to deprive me of the election.

There are two hundred and forty members. Suppose This, the House has since solemnly decided, by sending the that one hundred and I wenty-five of them vote that the Lectizo back to the people. So that Mr. Hocker's view of the csae

thirty-eight votes should be restored to Mr. Letcher, and riumphantly sustained.

one hundred and fifteen against it; and when the question

H. OF R.]

Kentucky Election.

(Mar 31, 1834.

be put upon transferring the Salvisa votes, one hundred rally, and in every case where a precinct is established, and fifteen of the same one hundred and twenty-five, and they have by law directed at what houses the election ten of the one hundred and fifteen vote for it, which shall be held. And there is an express prohibition in the would give a majority of ten also for that motion. By constitution that no person shall be entitled to vote, exthese votes it would appear that one hundred and fifteen cept in the county or town in which he may actually rebelieved me elected, on account of the thirty-eight Garrard side at the time of the election. Will it be maintained votes, and ten more who were in favor of restoring these that the freemen have a ght to vote any where else than votes, would still think me elected, on account of the at those places prescribed by law, even on the first MonSalvisa votes; so that there would actually be one hun- day in August? It has never been so considered in Ken. dred and twenty-five who voted in favor of my election tucky. As to the inanner of voting, the constitution deupon the general resolution reported by the committee, clares that “the votes shall be personally and publicly when, by cutting up the question, the majority might be given, viva voce.In this manner only has it been here. given to Mr. Leicher by precisely the same number! To tofore supposed that any one had a right to vote. The make the matter plainer, suppose one hundred and twen- time, place, and manner of voting, are therefore marle ty-one vote in favor of restoring the thirty-eight votes, essential to the validity of every election by the constitui. and that the same number vote for transferring the five tion itself, and the laws have come in aid of its provisions. votes; but there are only two members who vote in the But this is not all. It is only after a citizen's right to affirmative on both questions. In such a case, the vote vote has been ascertained, that he can give his suffrage in in favor of my election would be two hundred and thirty- this time, place, and manner. The constitution extends eight to two; when, by dividing the question, a majority the right of suffrage “to every free male citizen, (ne. of votes would be given to Mr. Letcher? The more groes, mulattoes, and Indians excepted,) who, at the time questions are raised upon classes, or individual cases, the being, hath attained the age of twenty-one years, and remore the probability and danger is increased that the sided in the State two years, or in the county or town House will be led to a result inconsistent with its own where he offers to vote, one year next preceding the opinion.

election.” It is obvious that some mode of ascertaining Is it not apparent that the only mode of giving certain whether persons offering to vote actually possess those expression to the real opinions of the House, is to take qualifications is absolutely necessary; and accordingly, the question directly as to which candidate is elected? It the constitution speaks of the “presiding officers of the is a fair expression on that point, and in that manner several elections," and declares that "the privilege of only, which can do justice to the parties, or express the free suffrage shall be supported by laws regulating elecreal sentiments of the House.

tions,” &c. Such laws, when passed, form part of the I give my adversaries credit for the adroitness of their system as much as the constitution itself, and are equally mode of warfare; but I trust the House will not suffer the obligatory. justice of my cause to be injured by this war of pickets The Legislature have passed laws "regulating elecand outposts. Let them come up in battle array, and de- tions," in compliance with this constitutional requisition; cide the contest on the main question. Let the House they have endeavored 10 guard the free suffrage of the say whether, in their opinion, I or my competitor is elect- qualified electors by providing ample means to exclude ed. Each will vote from his view of the whole case, and spurious.voles. To that end, they have associated with the true opinion of the majority, on the only essential the sheriff of each county two judges of election, who question, will thus be ascertained, directly and unequivo- are to look at the voters as they stand at the polls. If cally.

any person offering to vote be not known to one of the To me it is a new doctrine, that the time, place, and three, then they are required to swear him as to his conmanner of voting, are immaterial in a Kentucky election, stitutional qualifications; and all voters are expressly reprovided the voter have the personal qualifications required to vote" in the presence of the said judges and quired by the constitution. It has always been supposed, sheriff." This law, it must be remembered, was passed in that State, that to constitute a valid election, it must be in obedience to the constitution, and is as valid as if it held and the votes given, within the time, at the place, were a part of it. If a man, really qualified to vote, preand in the manner, pointed out by the constitution. It sent himself to the judges and sheriff, and, being unknown has never been supposed that voters had an absolute right to any one of them, should be required to take the oath to record their suffrages on any other days than the first prescribed by law, and should refuse, would he have any Monday in August, and within such hours of that day as right to vote? Would the judges and sheriff have any right may be prescribed by law. The constitution declares to let bim yote? Would not the legal and constitutional inthat elections shall be held on that day, and shall be con- ference be, that he was not a qualified voter? By prescri. tinued three days, if any of the candidates require it. It bing the oath and requiring the officers of the election to does not prescribe what time of day on Monday the elec- administer it, the law requires the voter to take it as the tion shall be held; but the law has provided that the proof of his qualification, and the condition on which he sheriff shall open the polls "by ten o'clock” in the morn- shall be permitted to vote. The requisition is consitutional ing, and shall not close them until "half an hour before and legal; and if he refuse to comply with it, he refuses to sunset.”

Between these periods the people have an comply with a constitutional and legal prerequisite, and absolute right to vote, so far as regards time, which no has no right to vote. As an additional security to the man can rightfully deprive them of. The right to vote right of suffrage, it is required that every citizen en. on Tuesday and Wednesday, or before ten o'clock in the tiled to it shall vote “in the presence of said judges morning, or after half an hour before sunset in the even- and sheriff.” This positive and unqualified requisition is ing, depends on the conduct and discretion of others. evidently prescribed as a precaution against the admission Place is restricted, as well as time. The constitution of spurious votes. By requiring the vote to be given in says the elections in the several counties “shall be held the presence of those officers, the law makes it the duty at the places of holding the respective courts, or in the of the voter to see that they are present when he offers several election precincts into which the Legislature may to give his vote. If he do not take that precaution, and think proper, from time to time, to divide any or all of give his vote before unauthorized persons, or in the ab. these counties," (with a proviso that the election for sence of one or all of these officers, he has not himself counties shall not be held in the towns which are entitled complied with the requirements of the law, and bis vote to separate representation,) and the Legislature have is illegal upon the same principle that it would be if he enacted that they shall be held at the court-houses gene. I had given it on the second Monday in August instead of

Mar 31, 1834.}

Kentucky Election.

[H. OF R.

the first, at his private residence, instead of the place pre- maintain, that the votes given at Lancaster on the mornscribed by law, or by a written ballot instead of viva voce. ing of the first day of the election, while Moses Grant act. For neglect of the voters themselves to observe the re-ed as judge of the election, are illegal, and ought not to quisitions of the law regulating elections, such votes would be counted, because Grant was not legally appointed a be illegal. In addition to this defect, the law considers judge of the election; and those votes are certified by all these observances necessary to prove that the citizen another person, as judge, who was not present when they has a right to vote, and if they be omitted, that proof is were taken. The law and the facts of this case have al. wanting. Nor is this proof of a character which can be ready been stated by me in a printed argument, addressdispensed with, because it is expressly required by law. ed to the members of the House, as follows, viz. The meaning of the law is as plain as if it had been de. “The election law of Kentucky provides that the clared in so many words, that no vote shall be considered sheriff, or other presiding officer, shall, on the day of valid, unless given “ in the presence of the said judges every election, open the polls by 10 o'clock in the mornand sheriff," personally and publicly “viva voce." The ing,” and “continue the same open until at least one hour fact of its having been given in the presence of said before sunset." judges and sheriff, is one of the legal and indispensable • The justices of the county court shall, at their court evidences of its validity, and in the absence of that proof next preceding the first Monday in August, in every year, it must be considered bad, however strong may be the appoint two of their own body as judges of the election other evidence of the citizen's right to vote. All such then next ensuing; and also a person to act as clerk. And votes cannot, therefore, be pronounced bad, unless this in case the county court shall fail to make such appointHouse has the power to overrule and make void the laws ments, or the persons appointed, or any of them, fail to of Kentucky regulating elections, passed in obedience to attend, the sheriff shall, immediately preceding every a constitutional injunction

such election, appoint proper persons to act in their No one denies that thirty-two votes were given for Mr. stead.” Letcher, and thirteen for me, at Lancaster, on Tuesday, “ The judges of the election, and clerk, before they the second day of the election, in the absence of the sher. proceed to the execution of their duty, shall take the oath iff. One of the sworn and responsible officers whom the prescribed by the constitution; which shall be administerlaw provides for guarding and securing the right of suf-ed by any justice of the peace. They shall attend to refrage, was not there. These forty-five persons, though ceiving the votes until the election is completed, and a required to vote in the presence of the judges and sheriff, fair statement make of the whole amount thereof.". gave their vote in the absence of the slieriff. Unauthor. " The county court of Garrard county appointed Isaac ized persons were acting in that capacity, whose pres. Marksbury and William Wheeler to act as judges of the ence could give no validity to the proceedings, more than election in August, 1833; and A. McKee to act as clerk. if there had been no person to represent him, and the Marksbury became a candidate for the Legislature, and judges and clerk had been proceeding by themselves, declined serving. Wheeler did not decline serving. On

It has been denied that the presence of the sheriff is of the morning of the first day of the election, about nine any importance, or that he has any active agency in con. o'clock, the sheriff appointed Lewis Landrum and Moses ducting the election. It would seem to be sufficient to Grant to act as judges--the latter only until Mr. Wheeler prove the importance of the sheriff's presence, that the should come in-opened the poll-books, and proceeded law expressly requires it. In fact, his presence is more with the election. About ten o'clock Wheeler appeared. important than that of either of the judges. He opens Grant left his seat, Wheeler took it, acted through the and closes the polls, and is the presiding officer of the election, and united with Landrum in certifying the whole election. He has by law the samne power to question a vote poll, as well the votes taken in the presence of Grant that either of the judges bave. An oath is directed to be as in his own. administered expressly to satisfy his doubts, as well as any I can scarcely hope to add any thing to the suggestions doubts of the judges, and when the judges disagree in re- heretofore made by me on this point. Can any one lation to a voter, he decides it. These facts are conclusive believe the law intends that the sheriff shall open the {o show that his attendance is as important asthat of a judge. polls at any time before ten o'clock that he pleases?

The voter is required to give his vote in the presence Where does he get the power? Is it derived from the of the jurlges and sheriff. The law requires all three to constitution or laws! There is not a syllable in either be present. If he may vote in the absence of the sheriff, conferring such a power on him. He is but one of three be may also in that of a julge. If the presence of one may whose presence the law requires at the opening of the be dispensed with, so may that of two or of three. The polls. He must have a court to preside over, before he entire election may be left to the clerk, and all the secu- can open the polis as “presiding officer.” How is that rities provided by law to protect the right of suffrage court to be made up? The law answers, and tells us it is disregarded and trampled under foot. Nay, the idea has to be composed of two judges, appointed by the county been advanced, that “mere usurpers" may take in the court, to sit with the slieriff'

. If his court be in attendiNotes, and that the vote taken by them ought to be ad- ance, he may open the polls at any time before 10 o'clock, mitted, if proved by other evidence to have been given with their concurrence; but if they do not attend before by qualified voters. If this looseness be admitted, then 10 o'clock, then he shall appoint other judges, and promay any person take a poll-book and travel over the coun- ceed with the election. The great object is, to afford the try to every man's house, and there take down his vote a freemen an opportunity to exercise securely their right week after the election, and these votes, if proved to bave of suffrage. As the best means of effecting this object, it been given by qualified voters, must be admitted. The is provided that the management of the election shall be time, place, manner of voting, and all the officers of the vested, not in the hands of the sheriff, or persons appointelection prescribed by the constitution and laws, may be ed by him, but in those of persons designated for that bet aside and annihilated. It cannot be possible that the purpose by the county court. But lest the opportunity House will sanction a principle which would effectually to vote shall be lost to the people, by the failure of those break down all the safe-guards of elections, and enable persons to attend, the sheriff is commanded not to wait men to bring poll-books here, as they sometimes do me- for them beyond 10 o'clock, but to appoint other judges Dorials, containing hundreds and thousands of names bimself, and proceed with the election. To my mind, this wluch are not to be found in the towns and counties from is the clear and only meaning of the law. which they purport to come.

If the sheriff may, in the absence of the regular judges, The majority of the committee have reported, and I lopen the polls before 10 o'clock in the morning, he has a

H. OF R.)

Kentucky Election.

(Mar 31, 1834.

right to open them at any hour before ten. For party or tucky. "The majority of the Committee of Elections de. personal purposes, he may open them at daylight or sun- cided that eight of those votes given for Mr. Letcher, and rise, and the regular judges and clerk not being in at- one given to me, are bad, for want of the residence retendance at so unusual an hour, may put up the partisans quired by the constitution and laws. or relatives of his own favorite candidate, and proceed The courts in Kentucky have decided that the mere with the election. Can it be conceived that such power abiding in or out of the State for many years, without an is vested in the sheriff? Can he thus take the whole elec- intention to change the residence, does not affect the civil tion in his own hands, in defiance of the regular judges or political rights of any person. In addition to opinions appointed by the county court? Such, surely, cannot have expressed by the General Court, and Court of Appeals, been the intention of the law.

of the State, we have that of the Federal Court, which, The high sheriff of Garrard, in appointing Mr. Grant, in one case, (that of Henry Banks,) decided that residence and opening the polls at 9 o'clock, must have known that in the State of about fourteen years, I believe, did not he was acting illegally. Judge Ousley proves that when make him a citizen. General Kennedy was a candidate himself, a few years When a young man goes from one State to another, for ago, he protested against the polls being opened before the purpose of obtaining an education, does it require any 10 o'clock, and they were not opened. The conditions of evidence to prove that he went for the purpose of making Grant's appointment show that so far from supposing a settlement? And if he do not go for the purpose of mak Mr. Wheeler had failed to attend, his attendance was con- ing a seltlement, he does not lose his rights as a citizen in the fidently expected both by the sheriff and Mr. Grant. Mr. place whence he comes, nor does he acquire those rights Grant would consent to serve only until Wheeler should in the place where be goes. Has it ever been conceived arrive; and upon that condition the sheriff appointed that young men who go from the South or the West to him. The law knows no such condition. On the con- Philadelphia, New Haven, or Cambridge, for the purpose trary, it gives the sheriff power to appoint a judge only of acquiring knowledge, forfeit their rights in Georgia, when the regular judge fails to attend; and especially pro- Virginia, or Kentucky, and become citizens of Pennsyl. vides that the judges so appointed “ shall attend to re-vania, Connecticut, or Massachusetts? Perhaps few would ceiving the votes until the election is completed, and a go in search of knowledge if the consequences were to fair statement make of the whole amount thereof." Grant be expatriation. The same principle applies to those was appointed on the express condition that he should not coming into the State as to those going out. And the comply with the law; but should give up his seat and office same principle, on a more limited scale, applies to those during the election, and no statement make of any part passing fro.n one county of the State into another, for the thereof. He did so give up his seat, and did not certify same purpose. A citizen cannot possess the right of sufto the poll-book, or any part thereof; nor does it appear frage in two counties of Kentucky at the same time, any by that book, or official document, that he ever served more than in two States. To decide that he has it in one, as judge of the election at all! The votes taken while is to decide that he has it not in another. he was acting as judge, are, like all the rest of the book, But as to the right of students to vote at the places certified by Wheeler, who was not present when they of their former residence, and not at the college or other were taken, and had no official knowledge that the men literary institution where they may be temporarily locahad ever voted. He certified to that which he did not ted, the committee have decided it. The majority and officially know, and to that extent his official certificate minority both affirm that principle, in two several cases. is void, being no more than waste paper. Had he been Carey A. Wiley was a student at this identical college, absent during the whole election, could he have certified but happening to be at his mother's, in Garrard county, to the truth of the poll-book? If not to the whole, how at the time of the election, he voted there, returning to could be do it to any part-to a hundred votes taken in the college shortly afterwards--and his vote was prohis absence, more than twelve hundred?

nounced good. In this case it was proved that he was Nothing is more clear, it appears to me, than that twenty-eight years old, had sold bis property in Garrard, Grant's appointment was void, and Wheeler's certificate bad been at the college some years, was qualifying himself illegal. The votes taken by Grant were not taken in the for the ministry, and had no intention to return to Garrard presence of the judges and sheriff, as the law requires, to reside permanently. A stronger case could not, probanor are they certified by the persons in whose presence bly, be found among the students at that college: and, they were taken. All the arguments urged upon the pre. had he been in Danville, his right to vote there would ceding point apply with equal force to this, and it is un- have been as complete as that of any of the rest. if he necessary to repeat them.

had a right to vote in Garrard county, he could not have I cannot, however, quit this point without remarking had a right to vote in Mercer; and if he had no right to how completely “circumstances alter cases" with some vote in Mercer, then the other students, similarly situagentlemen, in relation to the power of sheriffs in Ken- ted, had none. But he voted for Mr. Letcher in Garrard, tucky. They are wonderfully startled at the idea of con- and the entire committee pronounce his vote good there, ceding to the assembled sheriffs the power to inquire into which is as much as to say that it would have been bad the validity of the poll-books or the legality of votes; but if given in Mercer. The other students, under similar they do not hesitate to concede powers which would ena- circumstances, not happening to be absent from the colble single slieriff's to manufacture poll-books, by setting lege, voted for Mr. Letcher in Mercer, and the minority up their creatures as judges and clerks, and opening the declare their votes to be good! The principles affirmed polls at unusual hours, when the well-meaning part of the by them, in these two decisions, are in direct contradiccommunity are yet at their homes. Such a pretension 1 tion to each other; and the only coincidence I can perconsider infinitely more dangerous and reprehensible than ceive is, that they all voted for Mr. Letcher. It cannot Mr. Hocker's proposition. It is one which, I am sure, be intended to say that the essence of a student's vote, the law never intended to concede; and which the Legis- whether given at college or at home, consists in his having Jature of Kentucky will find it absolutely necessary to take voted for Mr. Letcher; yet such is the inference which away, should it be conceded by this House.

the opinions expressed by the minority would seem to of the students of Centre College, at Danville, in Mer. authorize! cer county, fourteen voted at the congressional election The other case in which the majority and minority have for Mr. Letcher, and one for me. Several of these young both decided the same principle is that of B. W. Higgentlemen were from other States, and the remainder, bee, who was a student at the law school in Lexington, with perhaps one exception, from other counties of Ken-land voted in Jessamine county, where his father resides.

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