834 JOURNAL OF PROCEEDINGS [Mar. 17,

Fifth. That unpardoned convicts were permitted to vote at
said election.

Sixth. That non-residents of said State and county were
permitted to vote at said election.

Seventh. That the returns of said election- were not made
out, returned and certified to according to the laws of the
State.

Eighth. That through the unlawful interference of candi-
dates and others, at said election, legally qualified voters
were deceived, and prevented from voting for him the said
contestant.

The first is a formal charge or allegation, which must
stand or fall upon proof, or the want of it, to sustain the
specifications in second, third, fourth, fifth, sixth, seventh
and eighth, immediately following.

For better convenience his Report will present the ease in
the order the majority of the Committee have thought proper
to consider it, and will, therefore, consider objections second,
third and eighth together.

Under these objections proof has been given by one Gill,
(page 58, printed testimony,) to show that a colored man,
deputized to act as a special Deputy Sheriff to preserve order
on the day of election, was stationed in the vestibule of the
court-house, at the door leading into the court-room, but
without the court-room, wherein the voting took place ; that
this colored Deputy took from voters six or seven tickets,
tore them up, and forced others upon them in their stead,
which he supposes were Republican tickets—knew one was.
This witness also proves that the colored man, to obtain their
tickets, told the parties he was an officer, and stationed at
the door for the purpose of seeing their tickets, and had the
right to do so. This statement appears to be uncontradicted.
It seems strange, and must excite comment, that with the
machinery of the law at the disposal of the contestant, he has
not attempted to bring forward one single one of these par-
ties to speak for himself and tell this Committee and Legis-
lature how deeply he was wronged. This was certainly the
best proof. Upon the statements given by this witness alone
—fov no other witness mentions this transaction—the Ma-
jority Report deducts for these six tickets taken and torn up,
six votes from Mr. Widdicombe, and given six to Mr. Brooke,
making a difference of twelve ; now, where is the authority
for this ? The Legislature has power to go behind the
election returns, to examine into the qualifications of
voters, purge the ballot-box, and re-count the votes.—
This gives them the power to deduct from either party
any illegal votes he may have received, and also to de-