4

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