The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-28
WHOLE NO. 294,

ed BY The law OF The Stale [Mr. Rrygs said. Yest
tota OF theH produced such ccrtiJieates
Mr.. b. resumed. TIE gentleman lays, both Of he
ctaimaRn produced uei' certificates. That is ain ex-
ceplion 10 the general class OF cases. and one 10
which the law and usage for which contend do moi
apply. Both OF the parties producing credentials Of
equal authority, the house in which they claimed
seats must Of necessity look into ana Judge al those
| credentials in the same manner they would if each
OF the parties had produced evidence Of a lower
character under which they claimed title. then,
sir, return and assume The position | had before
taken, that si,gk case can be produced in the
whole parliamentary history of this Government
where a member producing the regular formal ali-
thenticatef credentials required BY the law Of his
State has been SCI aside % make room for another
producing no such credentials. The whole history
Of this republic, since the adoption of the conStii-
ton, has been one Of conlending parties Their
struggles for power in and out Of ibis house. have
been ardent, severe and unceasing The account OF
more than sky cases of contested elections in this
house Is contained in the volume before me /; and
sir, the present House OF Representatives furnishes
the first instance In the evenfu history OF this Go.
vernmenl IN which any party or any individual has
challenged the right Of persons coming here clothed
with the authority prescribed by the constitution and
laws oil sovereign State 10 seat upon thisSiour.
The gentleman from Virginia. (Mf Drongopls) sid
be would produce preceden,s for The course s,et,; ne
and those acting with him had pursued The book bold
IN my hand contains the history Of SIXTY on Of
| contested elections. | know the gentlcmsn has no,
failed TO look through all those eases and pressed he
IS Tor authority sud support the present OCCASION his
eagle eyes and vigant mud have not overlooked any
thing that could be seryceabe him lie has referred
to several cases as tending TO support his position lie,
US look at them The FIRST is the of Benjamin Ed
wards, Of the Senate Of Maryland and occurred in ia
| nuary, 1885 The Speaker laid before the House
letters, one from U, Forrest, late member Of that
House, stating that he had resigned his seat as mem
her Of Congress the other from Kitty, the Clerk Of the
Council of the State OF Maryland, addressed TO Ed.
asfaisa i6cata If
ton TO fill the place of Forrest had by order of the
Canncil been sent to him. These letters were read and
referred 20 the Committee of Elections A short de-
bate ensued 10 the sucency Of these letters TO en-
title him his seat The committee reported against
their sufciency Before the report disposed ofth
certificate OF the Governor arrived and the member was
then admitted to his seat The question raised in this
case was, whether the letters alluded were sufficient
credentials But the certificate Of the Governor put
end TO all dispute Does this go far support the
gentlcinan's argument
1t was the opinion Of that lustrous statesman and
patriot, James Madison member OF that Congress.
that The letters OF the member who had resigned and
the Secretary Of State, smcicnt epidence prtma
facie 70 admit the gentleman 10 has seat though mol 10
support him ia a contested election" The gentleman
asks what is by the Governors certificate being
sufficient prnta tacie evidence ad 1t members into
their seats Sir, Mr. Madison answers that question
IN The language which quoted. | could but admire
the soflened cadence with which the gentleman read
THIS part OF the Mary II the imperfect evil
dence produced that occasion was sufficient, in the
opinion Of Mr.. Madison to leta member into his seat
what, think YOU sir, would have been the opinion OF
that great man upon the sntciency Of the credentials
before YOU, which clothed with all the solein-
nifty ard power of State authority ~..
The next relied by the gentleman is that of
John Richards of Pennsylvania which occurred in the
fourth Congress. In that the Governor of the
State had much doubt whether either candidate was
elected that he refused certificate to either Morris,
the other cand date, died before the meeting OF Con-
gress The other referred to committee who re-
ported that Morris was elected, but that his had
been facated Ii debated and recon mitted to an
other committee, who, examining all the evidence
laid before them TO the received by each cand
date, reported that Richardson duly elected The
house confirmed that report, aud admitted Richardson
TO his seat How this be used a precedent
Tor refusing TO give member his who produces the
reguaT return and certificate from hc(iovernnr Of
State leave for the Ingenious gent eman from Viz
glnla TO make out
The gentleman calls for my authority TO admit
member to his seat his producing the regular State
authority whose night is contested Here sir is my
auhority-more than sixty Of contested elections,
IN the book from which read III many OF which the
seats OF sitting members vacated by eccting the
lncumbents. and putting IN their places persons who
had received majority Of votes, hut who from various
causes, failed 10 obtain the regular return from the Go
vernors OF their States In not Of those
cases was contesting member, the party to which
he belonged bold enough TO appear and object to the
right of the member holding the return to take his sea,
In the first instance
The case of Moore and Letchcr is the last one
which the gentleman refers precedent and author
ity for setting aside both claimants Of seat until the
question OF right Is settled by the house This
has been frequently referred in this debate for the
same purpose 1t IS very direct and strong authority
against them, Let US see what it The law Of
Kentucky required that within gwen time after the Con
pTesslUnai election held the sheriff. If thn
counties III each Congressional district should meet,
compare, and add up the votes given and make
ucate OF the election of the person elected be sign
ed by all the sheris OF the district, and transmit the
same to the office Of the Secretary Of State. There
were FIVE counties in the fifth Congressional district
which the claimants protested to represent
Mr., Moore produced the certificate Of three shcrIffs
only Of the FIVE, and that certificate the face OF
stated that the vote OF of the in this dis
trct taken into the calculation
Mr.. Letcher produced the poll.tooks Of the whole
district Thequestion raised was, has Mr. Moore pro-
duced the credentials required by the law Of kentucky
Mr. Moore and his friends contended that the person
producing the certificate directed by the law of his State
entitled to he admitted to his This dis.
ncty admitted by the other side but they denied that
Mr. Moore had produced any such certificate
Mr.. Chiffon Allan, Of Kentucky who raised the
question when this State called by the Clerk, said
he admitted, if that paper (alludng the certificate
OF the three sherHs produced by Moore) according TO
the laws of Kentucky, had been certified and signed by
the persons required o certify and sign it, then, by the
usages of that house. the gentleman entitled for the
present to be recognised as the sitting member" But
If the paper not sgucd by the persons required by
law to sign It, then II was u"l,y."v
After further conversation among the members
Messrs. Moore and Letrhor agreed withdraw until
after the House should be organized by the choice Of
Speaker.
The question was again brongh, before the House at
the same stare Of Its proceedings that in.
debate ensned, in which gentlemen Of both political
parties participated. Mr. Halves, Of Kentucky, friend
Of Mr. Moore, said " he admitted the certificate Of the
sherls was defective, yet he insisted tina. 1t ought to
be received IN the present stage Of the proceedings