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Protest of the Committee for the District of Kinderhook, delivered to the Committee for Albany County



After those clear and convincing lights, which we have thrown on the business of the Kinderhook election, have been disregarded, we can promise little benefit to ourselves from a further appeal, either to reason or justice. We have shown that the late Committee for our District conformed to the rules of the Congress and of this Board; that a regular poll was held, at which they were appointed to preside, and of which they were, like other returning officers, the only judges in the first instance. We have proved that the rejection of even legal votes, does not absolutely vitiate an election; and we have declared our readiness to conform to the practice of all publick bodies in the case of scrutinies, when it is the invariable usage to strike off from the poll such as have been admitted without the legal qualification, and to add such as, being duly qualified, have been rejected


provided they tendered their votes at the election: and to confirm this doctrine, we have alluded to the proceedings of the Common Council of this city, in the scrutiny between Yates and Hun, within a few years. We have remonstrated against the pernicious tendency of this Board' s countenancing individuals who have acted in open and wanton violation of all precedents, and even of the orders of this Board. We are, therefore, constrained by the exigency of our case, solemnly to protest against this proceeding of the Committee, and to declare, that from henceforth, the District of Kinderhook is no longer represented at this Board; and in this measure we stand justified to our constituents, as well as our consciences, charging all the mischief upon that decision by which the right of election is taken away from the District and vested in this Committee, and by which the majority of electors is sacrificed to the minority. Such a conduct, too, we conceive, has a manifest tendency to destroy that union which some people pretend such zeal to maintain; and, by lessening the authority of Congresses and Committees, and encouraging a breach of their rules and orders, is subversive of that system of power which the United Colonies have thought proper to establish in carrying on their defence.

The above was delivered in to the Albany County Committee, the 5th January, 1776, by the District Committee of Kinderhook, and signed by