Anonymous

Decided February 15, 1809

Supreme Court of New Jersey · decided 1809-02-15

<p>ON CERTIORARI.</p> <p>The action below, was an action brought under the supplement to the election law, for a penalty, for offering a vote twice at the same election. A number of objections were taken to the record of the justice; but the one that the Court decided the cause on, was, that the state of demand did not set out, or any way state, that the election was held for members of the Legislative Council, General Assembly, Sheriffs, &c. It was contended on the part of the defendant in error, who was the plaintiff below, that this was sufficiently done by stating the election to be holden on the 11th of October, 1808; which was the time of the annual election.</p>

Decided 1809-02-15

Kirkpatrick, C. J.

¶1It is with pain that the Court are compelled to reverse this judgment, on a point that does not go to the merits of the case. It is as well the duty, as the inclination of the Court, to give all legal aid to the good intentions of the Legislature in providing a punishment for the violation of the important right of suffrage. The very existence of the government, the liberty, property, and security of the citizens, all depend on the purity of our elections; the moment they become corrupt, all the patriotic struggles of our country for freedom, are lost. But this is a penal action, in which the rules of law require the offence to be set out with certainty. This not having been done, the judgment must be reversed.

¶2The other Justices concurred,

¶3Judgment reversed.