On the first Tuesday in April,
1792, Richard R. Smith was elected supervisor of the town of Otsego,
in said county, and on the first Tuesday in May took his seat at the
board of supervisors, and assisted in the appointment of loan officers
for the county of Otsego. By the affidavit of Richard R. Smith,
herewith delivered, it appears that the ballots taken in the county of
Otsego were delivered to him as sheriff, and by him enclosed in a
sufficient box, on or about the 3d of May, which box he then delivered
into the hands of Leonard Goes, a person specially deputed by him for
the purpose of delivering the said box into the hands of the secretary
of this state, which was accordingly done, as appears by information
from the secretary.
"A small bundle of papers, enclosed and sealed, was delivered to the
secretary with the box, on which is written, 'The votes of the town of
Cherry Valley, in the county of Otsego. Richard R. Smith, Sheriff.'
Several affidavits, herewith delivered, state certain facts respecting
this separate bundle, said to be the votes of Cherry Valley.
"On this case arise the following questions:--
"1. Was Richard R. Smith the sheriff of the county of Otsego when he
received and forwarded the ballots by his special deputy?
"2. If he was not sheriff, can the votes sent by him be legally
canvassed?
"3. Can the joint committee canvass the votes when sent to them in two
parcels, the one contained in a box, and the other contained in a
paper, or separate bundle? Or,
"4.
Pages:
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424