A Treatise on the American Law of Elections

PREFACE

TO THE THIRD EDITION.

This work, as originally published in 1875, was the first attempt in this country to bring together, arrange and consider, in convenient form, and under proper heads, the scattered adjudications relating to the law of elections. The purpose was not only to aid the bar and bench in the preparation, trial, and decision of cases of contested elections, but also to diminish the number of such contests by furnishing information both to election officers and to voters, as to their respective powers, rights and duties. The work has been received with greater favor than was anticipated. The first and second editions having been exhausted, it has been thought expedient to prepare a third, much enlarged, and, it is believed, more conveniently arranged. As this is the only work of this character extant in this country, there would seem to be good reason for its revision, enlargement and republication, notwithstanding the prevailing and generally well founded prejudice against the multiplication of hooks of law.

The subject treated is of great importance especially to the people of the United States. In a country like ours, where most of the powers of government reside with the people and are delegated to representatives chosen by means of the ballot and who generally serve only for short periods, making necessary a frequent appeal to the popular will; and where the decisions reached by this means are often so important, it is inevitable that controversies growing out of elections must be numerous, and it is manifestly a matter of great consequence, that the principles which are to control in their determination should be understood, not only by the legal profession, but also as far as possible by the people generally.

The work was originally undertaken in view of the fact that the law upon this subject, as determined by the decisions of courts and other tribunals having jurisdiction of such questions, was only to be found by searching through many hundreds of volumes of reports, thus rendering the task of collecting and examining them very tedious and laborious. Under these circumstances it was thought that a brief and clear statement of the principles and rules touching this subject which have been settled, and a citation of the authorities where they may be found more fully discussed, would prove very acceptable; and the rapid sale of the first and second editions would seem to show that this expectation has been realized.

The work is entitled THE AMERICAN LAW OF ELECTIONS. The authorities cited are chiefly American authorities. Upon this subject we are, from the very necessities of the case, building up an American common law.

It is not asserted that the English authorities are of no value upon this branch of the law. On the contrary they have been freely cited whenever deemed applicable and useful. It was deemed proper, however, to keep steadily in view the fact that the genius of our institutions, the character of our political system, and the principles upon which the right of suffrage in this country is founded, all differ so radically from those of England as to diminish very greatly the value of English precedents in election cases; and the effort has been to show that our own tribunals have by a long course of judicial decisions, settled the law of this country, as it relates to the questions treated, upon a firm and lasting basis.

The thanks of the author are due to Fred P. Barnett, Esq., for valuable assistance in the arrangement of the matter for this edition, and in editing the same, as well as in the preparation of the table of contents, table of cases, and index.

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