, and be delivered by him, without opening the same, or the
enclosures therein contained, into the office of the secretary of this
state before the last Tuesday in May in every year.'
"By recurring to the preceding state of facts it will be evident that
this direction of the law had been disregarded. If irregularities of
this kind should be permitted and countenanced, it would be in the
power of the sheriff, by excluding a part of the votes, to confer a
majority on any candidate, in counties where there were divisions of
interests. Affidavits were indeed produced tending to show that there
had been, in that town, disputes respecting the election of town
officers; that two enclosures, purporting to contain the votes of the
town, were delivered to Mr. Smith, and that he had put into the box
that enclosure which contained the votes taken by the persons whom _he
judged_ to be the legal inspectors: a matter proper to have been
submitted to the opinion of the committee.
"The committee have considered this subject with deliberate attention,
and in every light in which it could be placed; and whether they
regarded the channels of conveyance, the mode of the return, or the
general principles which ought to govern their decisions touching the
freedom of elections and security against frauds, they found
undeniable reasons which compelled them to reject the votes.
"DAVID GELSTON,
"THOMAS TILLOTSON,
"DANIEL GRAHAM,
"MELANCTON SMITH,
"DAVID M'CARTY,
"P.
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