Early Governors' Papers

I sincerely lament your sufferings, and shall always conceive it my duty ^and feel a happiness in rendering to render you every service in my power -

I have the honor to be Gentlemen Your friend & Hbl serv.^t

J. Sevier

The people lately removed from powels valley-}

N^o 2

Copy to the inhabitants of powels Valley

12 April 1798

by Cap.^t Hunt

Recorded

Winchester May 29 1822

Dr Sir

An Election took place here yesterday for Sheriff of this County which has excited much interest here amongst the friends of the Candidates. This Election will be contested, and you as^are the umpire - The matter was argued by the Attorney in Court & the result was that a record of the whole proceedings should be sent to you. I was employed as one of Capt Hunts ^Counsel and the exemplification which I shall here offer of the Record you will consider as offered by me in my professional character.

By reference to the "Record" you will perceive that an election took place yesterday at one oClock - that there were 30 Magistrates present — that Gray had 15 Votes and that Hunt had 15 Votes - and that then the Chairman of the Court gave the casting vote and gave that vote in favor of Hunt - whereupon he was proclaimd by order of the Court of the cryer of the Court as Sheriff for the ensuing two years - Grays friends object to this election upon these grounds; that the Chairman first voted as a common Magistrate and then on the tie as Chairman thereby giveing [sic] two votes — To this we contend that the Chairman in the first place had a right to vote because the Constitution says the Sheriff shall be elected by the Magistrates of the County - and he is a Magistrate. [Wld?] if there be an equality of votes N neither the Constitution nor the Statute, point out

any mode of determining the tie — Then in the total absence of law we had to resort to precedent and ^we find that in the Senate of the United States that when that body is governed by a President pro tem that he has in the first place a right to a vote as a Member and then on a tie has also the casting vote, thus giveing [sic] two votes - It is however true that the vice President of the United States when presiding as President of the Senate has but one vote — the casting vote — and that is because he is no member of that body: Grays friends also object to the proclaiming of Hunt at the Court House don [sic] upon the ground that the Officer of the Court was ordered to do so when but four Magistrates were on the Bench. To this we reply that three Justices forms a Court — You will perceive that the from the Record that at 7 oClock in the evening when Hunts Voters had gone home, or many of them, that Grays Magistrates then at 7 oClock assembled and had a new balloting and elected Gray - But at this second Election you will perceive that only eleven Votes were given in. Now you will perceive by reference to the proper documents in your Office that there are 31 Magistrates in this County and all the various laws of this state establishing Circuit Courts requird that in the transaction of County Business there must be present a majority of the whole number or the County [even?] a full claim against the County cannot be admitted unless a Majority of the whole in the County is present —

Hunt you will perceive from the Record protested against this second balloting and disclaimed any interest in it — Gray came forward and the court allowed him to enter into Bond with security and Hunt came forward also and tendered Bond of security and the Court refused to receive it - Still however Hunt filed it with the Clerk when it now remained — The Court that receivd Grays Bond were those eleven votes who had elected him—

We claim at your hands a Commission for Hunt upon these grounds

1^st That he was elected on the first balloting - 2^d. That in that election the Chairman had a right in the first place a right to vote as one of the Magistrates of the County. by the Constitution of the State - and that in the total absence of all law by Custom and succedent ought to govern and consequently the Chairman as such had the right of giving the casting vote — 3^d. That by order of the Court he was proclaimd [sic] as Sheriff 4. That he has in fact executed his Bond with security which Bond is in the Clerks [sic] hands 5. That when an election once takes place and the votes are counted out, that then in all cases the result must be sent to the controuling [sic] power and even tho [sic] there be a mistake in said balloting that the Voters themselves cannot correct it - but must forward it to the correcting power to investigate &

that then the election may be contested before thus correcting power — but that neither Judges of Elections nor the Voters themselvs cannot do away the former balloting — but be it right or wrong must be sent to the correcting power for investigation — In this case the Governor of the State is the correcting power — If the Voters can do away a previous election the minority might wait until the Majority disperses, order a new election and then elect the very man that had been just rejected - as was the case in this transaction —

If you determine that the chairman had a right to vote twice you will of course award the Commission to Hunt - If you award that he had no right to more than one vote you will award a Commission to neither (they then being tied) and the County Court at its next meeing must ballot again — A Commission in concern cannot be award to Gray because of the previous election of Hunt - and because of the lateness of the hour of the second election and of there being but 11 Justices present - These are some of the points we rely on — And altho [sic] it is my opinion that Hunt is entitled to the Commission I wish you to consider these remarks as being offered in my professional character and not Gray of a personal recommendation of Hunt altho [sic] he is a respectable man - has been Sheriff of this