I have received several letters from you since you left us & sincerely thank you for the sentiments of friendship which they contain.1

Clinton & his worthy adherents, (the Livingstons) seem now to be driven to despair. All their hopes of success rest upon setting aside votes for you. Their particular object at present is the votes of Otsego County which are pretty unanimous for you & which, from the best information we have will yield a majority of upwards of 600 for you. The efforts made to prevent the canvassing of these votes by forestalling the judgment of the canvassers upon a mere law quibble are really characteristic of these virtuous protecters of the rights of the people, of the enemies of aristocracy—and the declaimers against Ministerial influence— The facts respecting the Otsego votes are briefly these—

In February, 1791, A. B. [Richard Smith] was appointed Sheriff of that County to hold his office for one year— A short time before the expiration of his year he wrote to the Council of appointment declining a reappointment. About thirty days after the end of his year the council appoint C. D. [Benjamin Gilbert] Sheriff of the County but the commission is never delivered to him neither does he in any one instance take upon himself the execution of the office— It is said and I believe with truth that the reason why C. D. did not take upon himself the office is that he could not obtain the security required by law. In this State of things the old Sheriff continued to act as Sheriff & after the election he received the ballots from the different Towns—put them into a box as the law directs and sent them by a deputy to the Secretary’s office. The votes of one of the towns instead of being put into the box were left out of it and sent down under a paper cover. The law requires that the votes of every town shall be put into the box.

Upon this state of facts the Livingstons contend that A. B. was not sheriff at the time of putting the ballots into the box or afterwards & consequently that he had no right to send the box to the Secretary’s office. They also contend that the votes of one town being left out of the box all the other votes of the County must be lost. After there had been a considerable stir in Town about the Ostego votes Ned Livingston to my very great surprise waited upon me with a written case in substance as above—and asked me if I had any objections to giving an opinion upon it. At first I was struck with the indelicacy of the application & of my giving an opinion upon a subject in which my feelings were so much concerned— I replied however that he should have my opinion and my reason for making this reply was a conviction that their views were corrupt & therefore that it would be right in me to counteract them if I could possibly do it— Before Ned left me he had the modesty in almost plain terms to tell me that I should not meet with any difficulty, he was persuaded, in deciding ag[ains]t. the votes upon both the points raised to me.

The moment Ned went away I got down & examined the questions with the closest attention & soon satisfied myself from the books that A B was Sheriff at the time of putting the ballots into the box & afterwards & that he was legally entitled to send the box to the Secretary’s office.

As to the other question it appeared too absurd to admit of reflection.

I was pressed for my opinion the next morning & I gave it to Ned—plumply against him upon both points.

The opinion threw the party into consternation— A Cabinet Council of the Governor—the Chancellor— Ned—Brockholst &c was immediately called—

Soon afterwards Brockholst went about almost like a Madman vociferating ag[ains]t. the legality of the return of the Otsego votes & roundly asserting that there was not a Lawyer out of this State that would give an opinion that the votes were legally returned.

Since this Brockholst & Ned have been rummaging all the law books in their [offices?]2 & not a stratagem is to be left unpractised with the canvassers.

Hoffman & Brockholst had agreed to state the case & send it to Lewis of Philadelphia for his opinion—but when put to the test Brockholst would not agree to a full & fair State of facts— Hence Hoffman & I have prepared a case to be sent to Lawrence to be laid before Lewis & I have already transmitted to Lawrence the case as stated by Ned with my opinion & the principles & authorities upon which it is [predicated?]3 with a request that when Lewis is considering the subject he will confer with him. The opinion of an able lawyer in another State if with us may be productive of good— Since my opinion has been a subject of conversation I got King & Benson to come and spend an evening with me that we might examine the law— We accordingly examined the law together & they are both clearly with me— So is Mr. Jones—Mr Harison—Mr [R?]—and Mr Hoffman—4

That the opinion is right I think may be demonstrated as well upon legal grounds as upon principles of public policy—

What may finally be the issue of this business it is impossible even to conjecture— Out of the 12 canvassers we have but three friends—Jones—Gansevoort—and Roosvelt—and the leaders of the opposite canvassers are prepared for any thing— If a fair canvassing takes place we are all very sanguine in our expectations that we shall prevail— Gen. Schuyler was in town a few days ago & was expected again in town last night— He is much elated with our prospects & gives us a much more flattering account of our success in the Western District than I have already communicated to you.

We are all upon deck and keeping a good look out and if by fraud and violence you should be excluded we are determined to take our stand and make a serious business of it—

I wish for your own satisfaction you would look over the election law of this State passed 13 Feb. 1779 in 2 Vol. page 27 &c

The 10 Section declares that the [“]Sheriffs of the respective Counties shall deliver the boxes containing the votes into the office of the Secretary[”] & the 11 Section declares that the canvassers shall [“]proceed to open the boxes one after the other & the enclosures therein contained respectively and canvass and estimate the votes therein contained.”5

From these clauses it appears to me & I am not singular in the opinion that the canvassers cannot inquire whether the boxes were sent to the Secretary’s office by a person having competent authority or not—

In reflecting upon the legality of the acts of the old Sheriff of Otsego County it should be remembered that by the words of the Constitution Sheriffs are to be annually appointed & that there are no words limiting the office to one year one year only during the 4 years— neither have we any Statute to this effect.

I have no further accounts from Dr Ramsay— The ideas you suggest with regard to yo [illegible] shall be duly attended to & you may depend when my doing nothing without Mr. Jones’s approbation. In haste I am, my dear Sir Your very aff[ectionate] friend