Smith was wanton and unnecessary, and
proceeded from no motive connected with the preservation of the rights
of the people or the freedom and _purity of elections_.
"6. Because, having in several instances, by _unanimous vote_,
rejected ballots of whole towns, free from any suspicion of
unfairness, by reason of a defect in _form only_ of the return, the
committee conceived themselves the more strongly bound to reject
ballots where the defect was substantial, and the conduct at least
questionable; especially as the law regards the custody of enclosures
containing the ballots as a trust of high importance, and contemplates
but three persons in whose hands they are to be confided until they
come to the possession of the canvassers, to wit, the inspector, the
sheriff, and the secretary; all officers of great responsibility and
confidence.
"7. Because the return, upon the face of it, appeared to be illegal.
The law requires the sheriff, 'upon receiving the said enclosure,
directed to be delivered to him as aforesaid, without opening or
inspecting the same, or any or either of them, to put the said
enclosures, and _every one of them, into one box_, which shall be well
closed, &c., 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.
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