4
)c tmc0, Nop Bloomftcli, Ja.
NEW BL00MF1ELD, TENN'A.
Tuesday, Juhe 4, 1872.
Tho Cincinnati Nominees. ,.
Horace Greeley, who is nominated for
President on this ticket, H so woll known
by every one, that no information regard-
ing him need be given. But his associate
on the ticket is not so widely known,
B. Gratz Brown, the nominee of the Con
vention for Vice-Prosidcnt was born in
Lexington, Ky., May 28, 1820. Ho gradu
ated at Transylvania University in 1845,
and at Yalo College in 1847. After study
ing law in Louisville he settled in St. Louis,
and was a member of tho Legislature of
the State of Missouri from 1852 to 1858.
It was about this period that ho aided in
establishing the " Missouri Democrat,"
which journal he edited from 1854 to 1859
in opposition to slavery. During the war
ho served as colonel of a regiment of Mis
souri volunteers. Ho was elected to Con
gress, as Senator from Missouri, from 18G3
to 1807, and in 1870 was elected Governor
of the State. Although only 40 years of
age ho is well known in Western politics.
Democratic Convention.
Tho Democratic Stato Convention met
at Heading on Thursday last, to nominate
a ticket for the coming election. Hon.
Ileister Clymer was elected as Chairman,
and when ready for business, tho following
gentlemen were nominated as candidates
for Governor :
Hon. M. C. Trout, of Mercer ; General
W. Cass, of Allegheny ; Hon. Charles It.
Buckalew, of Columbia; Hon. Daniel M.
Fox, of Philadelphia ; John T. Morton, of
Philadelphia ; A. C. Noyes, of Clinton ;
Hon. Wm. B. Schcll, of Bedford ; Hon.
Hondrick B. Wright, of Luzerne ; Captain
AVm. McClelland, of Lawrence ; and Gon.
Alfred B. McCalmont, of Venango.
The first ballot resulted as follows :
Cass 47 Scholl 0
Buckalew S3 Wright 8
Fox 8 McClelland 13
Morton 3 McCalmont 10
Noyes 12 Trout 2
Six more ballots were had without any
choice being made. On the seventh ballot,
Hon. Charles II. Buckalew was nominated,
the voto being
Buckalew 74 I Noyes 11
Cass 39 McClelland 5
Wright 2 I McCalmont 1
For Supreme Judge, Hon. James Thomp
son was nominated by acclamation.
For Auditor General, Wm. Hartley of
Bedford wftB nominated.
For members of Congress at large, Hon.
Richard Vaux of Philadelphia, J. L. Hop
kins of Allegheny, and Hon. H. B. Wright
of Luzerne, were nominated.
No action was taken to commit the party
either for or against a straight Democratic!
nomination by tho Baltimoro Convention.
How a President is Elected.
The manner of electing a president is
more cumbersome than is generally sup
posed, and we dare say is not generally
understood, , The following explanation
may be found interesting to many :
Each of the United States Is entitled to as
many electors for President and Vice-President
as it has Senators and Representa
tives in Congress. In each State the elect
ors are chosen by a plurality vote. That
is, if there are throe sets of electors voted
for, the set having the largest number of
votes is chosen. But a candidate for Pres
ident, in order to bo successful, must have
a majority of all the elector. The electoral
college, as now constituted, consists of 817.
Therefore 159 are necessary for a choice.
If there be three candidates for President
and neither of them receive a majority of
the electoral college, then there is no choice,
and the election goes to the House of Rep
resentatives. The House must confine
their choice to the three highest candidates
voted for by the electors. The Represent
atives vote by States, and each state has but
one vote ; so that the power of Delaware is
as great as that of New York. The ma
jority of the State delegation casts the vote
of the State. A candidate, to be successful,
must receive a majority of all the States
represented, or nineteen States. If the
delegation is divided, the vote of the State
cannot be cast, and is therefore lost. As
the present House is constituted, (and it is
upon this House the election will devolve
in case there is no election by the people)
nominally the Republicans hold twenty
States ; but the majority in tea of these it
holds by one single vote. Should there be
a third candidate there would be no choice
found in two of these ton States, and
should there be no election by the House,
by the 4th of Maroh, then the Vice-President,
if one is elected, shall act as Pres
ident. But should a Vice-President not
have been elected by the people, then the
Senate shall proceed to elect a Vice-President
from the tteo candidates having the
largest number of votes for that office, and
the Vice-President so elected shall fill the
office of President. The Senators then
elect an officer to presido over tho Ponate,
who Is called Vice-President Pro tempore.
An Important Case Duties of Election
Offloers.
At tho last term of court, a case was
tried in which tho duties of election officers
nre so well set forth in the following chargo
by Jiulgo Junkin, that we publish it fur tho
information of tho public:
" The defendant was ono of tho inspec
tors of elections in tho Borough of Bloom
fluid at nn election held on the 15th of
March, 1872, at which time and at an elec
tion then held, William T. Sliivelcy, pre
sented himself as a qualified voter, and
offered his ballot. There was no challenge
on the part of any individual, but the
officers or some ono of thorn, challenged the
right of the said Shively to voto. lie was
then taken inside, and sworn, and thoro
testified that his bona lido residence in pur
suance of his lawful calling was within the
said borough, and had paid State or County
tax within two years. He offered in addi
tion to prove his rosidonce for ten days next
immediately preceding tho election, but the
officers expressed themselves satisfied on
that point, and proceeded to interrogate the
said Sliively as to whether ho was married
or single, and he swore that he was a mar
ried man, but had separated from his wifo,
and that sho was living in Allegheny, or
some whore in the West; but that he had
applied for a divorce, which was then pond
ing and undetermined. Upon this evidence
the Judge and Inspector of tho election re
jected his vote, and the Inspector Sutch is
now on trial for having knowingly rejected
tho vote of tho said Shively.
A qualified voter is a freeman of the age
of 21 years, who shall have resided in tho
state at least one year, and in tho election
district where ho oilers to vote at least ten
days immediately preceding Raid election,
and within two years paid a State or County
tax which shall havo been assessed at least
ten days before the election. It is generally
tho question of residence which gives
trouble in determining tho right to voto.
Residence is a question of intention; that is,
tho purposo of the mind where an act is
dono, what ho means to do, and is used in
tho senso of domicil, which means the
place where a man establishes his abode,
makes tho Beat of his property, and exer
cises his civil and political rights. It might
seem to n strict constructionist, that any
actual staying or abiding for ten days with
in an election district would give the right
to voto. But you all very well know, that
such is not the case; lor, it you as jurors,
were detained here in this borough in pur
suance of your duties ns jurors for more
than ton days, and an election was to take
place for this borough, you would not bo
legally entitled to vote, but would have to
go home, to tho place of your usual abode,
and there you could vote, and only there,
for it is true, that a man can not have two
legal places of voting, but on tho contrary
he can have but one, and the old doctrine
of residence, by washing and mending has
been exploded. A man may eat, sleep,
drink and mend in one district, and even
remain there the year round in a genoral
sense, and yet his place of voting would be
where his family lined, and where he exer
cised his civil and political rights. The
reason of this is, that the law by a fiction
deems a man politically present at the
dwelling place of his family, although for
twenty yars ho may not have slept in that
home over night, and yet that is in contem
plation of law his abiding place. A man
may follow his businoss as Merchant in
Philadelphia and maintain his family abode
in Bloomficld, and yet if it was shown that
he never came to this place except on elec
tion day, and never ate more than one meal
per annum with his family yet because of
their residence, and his taxation in this
place this would in truth and in fact be
the only place where he could legally vote.
So that you see, that many very nice and
vexatious questions may and do arise upon
this question of residence in a district for
ten days, no that it is not true, that because
a man can show that he has actually itaved
in a district for ten days preceding an elec
tion that therefore he is entitled to vote, lor
the coses put show you that the right to
vote does not depend simply upon an actual,
bodily residence within the district for ten
days. On the contrary, that question is
not at all material in many cases. But
when a man has no other place of residence,
and actually resides within such district ten
days, etc., and swears that it is . his bona
fide residence in pursuance of his lawful
calling, then it establishes that much of his
right to vote. When therefore the offered
voter Is a single man, the place of his resi
dence or rather the place where he is found
staving for ton days previous to an election.
so far as this qualification is concerned is
easily settled. But when the1 offer is made
on the part of a married man, the difficulty
is greatly complicated and becomes much
more embarrassing to tho election omcers,
and for this reason, thero are certain pre
sumptions of law, founded upon the expe
rience or a people amine out of the mar
riage relation, which in the absence of proof
prevail whether trne or not. because these
presumptions accord with the logal duty of
me nusuana and wile towards each other.
The law presumes that they keep faithfully
me marriage vow to adhere to support,
love, cherish, and live together until "death
do f'w part." Now, the law never pre
sumes that any one rails in his or her dutv
in pursuance of arguments, contracts and
obligations, but on the contrary takes it for
granted that all persons will be faithful to
their undertakings. Then, as Mr. Shively
was tawiuiiy marnea, nan a wile living,
the law presumes that be lives with her.
provides for her, cohabits with her, never
forsakes or abandons her, and this presump
tion is reasonable, honorable to the husband
and wife, and is in accordance with Divine
law; and should be the very truth. Then
when these election officers had received
Mr. Bhiveley'i offer to vote it was thoir du
ty as sworn omcials to challengo tliat vote,
and see whether or not it was a. lciral vote.
Now, when they as in duty bound, made
this challenge and Shively was sworn, he
revealed the fact that he was a married
man, and then cam into full play and force
and all these presumptions, that he lived
with his wife, Lad a borne dwelling and
habitation, provided for her in short, that
in al I things he did bis duty, and kept bis
vows. With all these presumptions staring
the officors in the face, they were prima
facia bound to presume that his lawful
place ot voting was, where hislamily abode,
for tltere, the law presumed he had his dom
icil, the district whorln is a man's domicil
is always his lawful place of voting. Then
how wero these logal influences to be re
pelled, for until this was done, we have
seen that Shively was not entitled to vote.
It could have been done by proof that In
point of fact the person offering to vote was
separated from his wifo, and that she was
not living under his protection and support,
and that the relations between her and him
were such that tho usual consequences
ilowimr from the marriace did not in point
of fact exist. This Mr. Shively could do
by proving before this board by competent
evidence that these presumed relations had
fully coased. He ofiercd to do this by his
own oath. You will remember that the life
of Mr. Shively was quite wandering, living
here and there, and having in tact no per
manent abiding place. He had no family
in Bloomfield, kept no house, had no prop
erty, and In short he seemed under the
proof to be but a sojourner in our midst.
Under this Btato of things the board de
manded proof, and as we before remarked,
ho offered himself as a witness. Now, as
a witness, what could he prove? The law
permitted him to prove by his own testimo
ny, that he had resided within the State
for ono year. It also allowod him to prove
the bona fide actuality of his residence with
in the district in pursuanco of his lawful
calling, and the payment of taxes within
two years, and this is all that the law did
allow him to prove by his own oath. He
was excused by the board from proving by
other witnesses his ten days residence with
in tho district. Then, was he himself
a competent witness to prove his separa
tion from his wife, his non-intercourse with
her, and the fact gonerally that the family
relation had been broken up, and its reason
able presumptions as to domicil and homo
repelled ? Ho was not competent to prove
any fact touching his right to voto by his
own testimony except so far as allowed to
do so, by the act of Assembly, or tho pro
visions of the fundamental law. Therefore
If competent to prove separation from his
wife by his own oath, it must bo found in
the clause, allowing him to swear to the
bona fide ot his l-esidence within tho dis
trict. But his residenco within tho district
for ten days might be bona fide, and yet, not
lo entitled to voto, because his domicil was
elsewhere, and if lie was required by law to
mako proof by another witness of his res
idence within the district for ton days.
Why should ho not be required also, by
disinterested witnesses to provo that his
family relations had been destroyed; be
cause this vital fact became tho pivotal
point on which the right in this case turned.
The right to testify in one's own behalf is
derogatory to the common law, and only
obtains where a statute allows it and wliou
not specifically pormitted doos not exist.
1 here is no statute that allows it, except as
we have already stated, and we are there
fore of the opinion that it was the duty of
Mr. buively to have shown tho tact, lor he
claimed that so far as his right to vote was
concerned, he nsked to be treated as an un
married man, because of the utter soverance
of the marital relations between him and
bis wifo, so far as thoir domiciling together
was concerned and we have gtave doubts
whether he could prove it by his own oath.
If he hod proved this fact by competent ev
idence, that is by other witnesses than
himself, he would have been beyond doubt
a competent voter, and it would have been
the duty of tho election officers to hove re
ceived his ballot. But this was noithor
done, nor offered to lie dono except by his
oath and the proof shows that no other
witness was sworn in the caso.
Or had Shively been a house keeper within
the district, and carrying on a business re
quiring his personal supervision and atten
tion, so that tho fact was either notorious to
the officers themselves, or susceptible of
proof, then a domicil would have been es
tablished within tho district and it would
have repelled the presumptions arising
from the fact of his being a married man,
with his family domiciled elsewhere. By
such notorious fact all questions, as to any
other domicil would vanish.
It is also a principlo of evidence that no
record of a court can be proved by parol oi
word of mouth, the only way it can be
proved is by the production of a copy of
the record, and so rigidly do the election
laws insist upon this kind of proof that
a naturalized citizen must produce a conv
of the court before which he was made a
citizen, before tho board of election officers,
and this he must do every year until he has
voted ten years in the very tame dittrict, al
though no man during all this period, had
ever questioned his right to vote.
This shows, that whilst the right of
Biyl rage is very dear to every citizen ent i
tled thereto, the laws guard the value of a
voto, by caretully protecting the lawful
voter against fraudulent practices, and tho
danger ot the will ot tho citizen being nul
lified by th e doubtful ballots of the way
farer on his pilgrimage through the land,
The right would soon become valueless, If
the ballots of all presenting should be re
ceived without question, challenge or pro
test. The only evidence offered before this
board to show separation was parol evidence
that Shively was obtaining a divorce
through the courts of this county. We
have already said that the only evidence of
the proceedings in divorce, which, the law
allowed this board to listen to, would have
been a certified copy of the record of the
said court, which was not produced al
though tho record of this proceeding was
only separated from the scene of this con
test, by a brick partition.
Then, gentlemen, even had tho proof offer
ed by Shively been sufficient to establish
his right to vote, and these officers had in
good faith and to the best of their judg
ment, knowledge and information, honestly
believed Shively was not entitled to voto,
and for that reason rejected bis vole, they
would not be liable to a conviction, merely
because they made a mistake. It must be
much more than a mistake, it must be will
fully done; that they must have rejected
tho vote knowing, that in fact and in law,
they should have received it. If it was
doubtful whether Shively was entitled to
vote, their safer plan would havo been to re
ceive the vote, but if these officers as be
fore said, were satisfied that this vote could
not be legally received, although in fact it
was legally receivable and tinder this ' im
pulse and belief rejected it, they are not
guilty of any crime, and cannot be convio-
But If on the other band they believed In
their own minds, that Shively was a legal
voter, and they from any reasons ob
jected to the vote, then they have done so
knowingly, and should be convicted. The
law presumes however they rejected the
voto Innocently, ignorantly and in good
faith, and for sufficient reasons, and it is
only when this presumption is overthrown
by the evidence adduced by the Common
wealth you must convict. And, if it is
doubtful to your minds under all the evi
dence whether these officers rejected the
vote knowingly, that Is believing at tho
timo they did so, that it should have been
received, then the law requires you to ac
quit. 1 lie defendant was acquitted.
A Tiger Loose In the Street.
Says the Chicago Inter-Ocean of the
21st: "As tho wagons of tho Great Eastern
Menagerie wore moving in procession yes
terday, no little excitement and alarm was
caused by the breaking loose of a large
Royal Bengal tiger. Hcrr Lcngel, the
tamer, was riding with three of the beasts
upon tho top of one of the cages. A defec
tive spot In the road was reached, and tho
jolt of the wagon frightened the tiger so
that he jumped to tho ground, breaking the
heavy chain that bound him. Quick as a
flash Horr Lengcl also landed on terra firma
and amid tho most intense excitement on
tho part of the spectators, started in pur
suit. After a chase of somo rods the fright
ened animal was captured, placed in ono of
the baggage wagons and carried back to
tho canvas. The good judgment of Lengel
alone prevented what might have been a
bloody pioce of business.
Miscellaneous News Items.
ESP Tho potato bugs aro badly devastat
ing the fields in the vicinity of Urbana,
Ohio.
tS A daughter of Samuel Began, in San
ilac county, Mich., tried to climb into a
school house through the window. Tho J
sash fell on hor neck, her feet not touching
the ground, and she was held thero and
slowly strangled to death.
tW So great and increasing is the out
flow of the population of Sweden, that the
government of that country has offered a
prize for an essay on the best means of put
ting a stop to the rapidly augmenting emi
gration of the rural and laboring classes.
E5F" There are 22 saw-mills at Muskegon,
Mich., most of which have doubled their
capacity this winter, and aro now "running
day and night, with two gangs of bands.
Tho daily lumber product of Muskegon will
bo about 2,000,000 feet, besides lath.
tWA. riot occurred in Jersey City on
the 24th ult., between a large body of men
who had struck for eight hours, and men
who were hired to fill their places. Three
men wero wounded. The riot was broken
up by the interference of the police.
t3TTho"Town Clock Store," in Du
buque, Iowa fell with a terrible crash on
the 25th, killing a woman and a baby . she
was pushing in a carriago, on tho sidewalk
and breaking both legs of a woman who
was with her.
EST" John A. White, a colored man, who
killed two men and wounded seven others
recently, whilo resisting an arrest on Presi
dent's Island, has been found guilty of
murder in the first degree. Ho will ap
peal to the'Supreme Court.
C3TA church of no mean dimensions,
with steeple, etc., was placed upoh the cars
of the Chicago and Northwestern railroad
at Duuton, a station near Chicago,and con
veyed, by steam, to another, station six
miles distant, when it was disembarked and
set up. ,
tWIn order to got the streets cleanod, a
Little Rock paper prints tl.is pleasant para
graph ; We have laid iu an elegant assort
ment of first-class obituaries, from which
we shall select with pleasure fitting ones
for each of the Alderman, when ho dies
from tho cholera or other disease, suporin
duoed by tho filthy condition of our streets
and alleys.
t2T A curious case of combustion is
noted in Reading, Penn. ' A gentleman,
after oiling some wood, left the piece of
flannel he had used in a bowl with a small
quantity of linseed-oil, and placed it on the
second-story bidcony in the open air, intend
ing to use them again. The following
morning he found that the flannel bad taken
fire and been wholly consumed, the ashes
remaining In the bowl.
' BP The five ladios with the Japanese
embassy, recently consented, at the sugges
tion of thoir American hostess, to be laocd
up and tied down, ruffled, paniered, flounc
ed, bowed and trailed after our most ap
proved fashion mould. Thon thoy were
powdered up from an orange-peel bue to a
delicate lemon and pronounced perfect, as
far as dress goes. Half an hour later, how
ever, their dismayed clvilizers found them
smiling and happy in thoir half-petticoat.
half-pantaloon dross. : "Too muchee," said
the gentle Japanese.
tlPAn eccentric New Yorker has in
vented a velocipede, consisting of two wa
ter-tight, tubes about twenty feet long, hold
three feet apart by means of iron braoes.
A wooden horse is placed in the centre, a
fore and a hind leg resting on each tube
Undor the horse is placed a light paddle-
wheel, which Is worked like the driving-
wheel of a 1 velocliHide, by the navigator,
who sils on horsebtvek. At a trial on the
Harlem river, the other day, a ver fair
rate of speed was attained. '
A little incident at! Montreal will
serve to illustrate how easily stories and
traditions of miracles may have been start
ed. A Cross of moisture has linen noticed
to appear at night and disappear In tho
morning. Many devout souls were con vino- '
ed that a saint was buried thero, and eager
crowds came to carry away the holy soil.
The saint that lay beneath proved to be the
intersecting water ' pipes, which had a de
fective joint that supplied tho moisture for
tho miracle.
57" At Jacksonville, 111., recently, tho
Rev. Wm. II. Milburn obtained a decree of
divorce from his wife, from whom ho had
been separated for several years. Tho '
ground upon which he obtained the divorce
was desertion. Mrs. Milburn was formerly
a beautiful belle of Baltimore, Md., and
was united in marriage to tho "blind
preacher" while he was chaplain .to Con
gress. C3T" Professor Atkins, who was attached
to a circus which exhibited at Decatur,
Alabama, on the 27th ult., oscondod with a
hot air balloon during tho afternoon, when
tho balloon became detached from the
windlass fixing its altitude, and ascended .
to tho height of half a mile, and then rap
idly descended into tho Tennessee river.
Atkins was drowned, though every effort
was made to save his life.
t3F A fearful tornado passed over the
town of Crole, Nebraska, on tho lnorninc
of the 20th ult., demolishing several houses,
including the Academy building. Mr.
C. M. Fish had his back broken by the fall-'
ing of his house. It is reported that a
woman living a few miles in tho country
was killed.
Kew Advertisement.
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as a SPECIFIC in all cuses of IMPUNITIES OK
THE BI.OOD, DERANGEMENT OK THE LIV
Elt AND SPLEEN, TUMOHS, DltOPSY. POV.
KltTY OP THE BLOOD, DEBIL1TV, WEAK
NESS OK THE INTESTINES, UTKHINIS OK
UK1NAKY OKUANH. ;
Dr. Wells Extract of, Jurubtba ,
Is strengthening and nourishing. Like niitrl
clous food taken into the stomach, it assimilates
and diffuses Itself through the circulation, giving
vigor and health.
It regulates the bowels, quiets the nerves, acts
directly on the secretive organs, and, by Its pow
erful Tonic and restoring effects, produces healthy
and vigorous action to the whole system.
JOHN Q. KELUHIG, 18 Platte St., New York,
Sole Agent for the United Status.
Price, One Dollar per Bottle. Send for Circu.
tar. 21d4w
$20,000 in Gold
Fob 1.26 Cuhkewy. Th Peoples Grand Musical
Festival and Gift Enterprise will take place at the
Metrspolltan Theatre, In Sacramento, California,
mi the Uth of June, 172, when AM) Prizes, amount
ing to over tMUmu, will be distributed to Ticket
Holders, the h uliest Prize belnif n ooo In i:i,ii.
raymeutoi rrize guaranteed uy deposits,
Tick-
els, II afi nnrrency, or II Tickets tor 112 SO.
Tick-
rts and ttrosueclus can be obtained at FKI.CII &
CO S., 1208 Broadway, Nsw Yolk. , 0 2UJni
ALL KINDS OF JOB l'HINTI N(i
,Iir"llX.BXBCU,,!,lt IHwwaeld Tunis
blears Job Olllce, , '