The Electoral Count of 1877, Tested by the Rules of Common Law and Constitutional Jurisprudence

Excerpt from The Electoral Count of 1877, Tested by the Rules of Common Law and Constitutional Jurisprudence: A Note Addressed to Senators Conkling and Kernan

Remembering that what has been stated of con gressional, is true also of State legislative bodies, it is to be observed, first, that most of the de cisions which expound what the organic or statu tory law intends, would be acknowledged in cases of contest over representative offices and perhaps* with special instances added, illustrate vexed questions in other contested elections and secondly, as to the residue, they evince it to be equally operative in the simplicity of its aim, and in determining by its canon, the will of the electoral body; and this, whether the subject of contest is projected on the ground plan of society, or culminates near the highest and most commanding part of its superstructure. In other words, the rules are the same, when the method of enquiry is once duly instituted, whether the office in plaint is that of a supervisor of the poor or State Treasurer, or of a town supervisor or Chief Executive Magistrate. The cases are of less or greater rarity, as the segregation or massing, in what may be regarded as political casualties, of the electoral bands in trained opposition and by un foreseen combinations permit, unless in some given instance, what would ordinarily pass as a casualty.

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