Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-11-29

the course Of the debate il compered neither with
the Of The House Of The community nor with
Their own self respect 10 attempt TO iorssinl the oec
sion upon the validity the certificate on which depend
ed The right 10 the seat by selzng the seat 10 antcpo
ton Of that decision.
Mir AlIsn it will be seem opened The question by nb
ecng tn the reception Of the returns n"nSnWed w ne
GoreTnor IF kcnucGy being Wtg0L and null; and III
ground upon which he DECLARED The certificate illegal and
null one which did not appear the lace at The
ceIicare itself nor any official document of The Go
vsrnnr nf Kentucky. hut which dnrs appear in on
official communication If The Governor of New Jersey
in regard I" the crrtItcn-s give" by hm I" lhr minority
ca ddars 'hrre l,-. ha'hsy One returning "fcers)
kGd MT rDunt,d NIL ihr rites
Mr. th,nu "i Kentucky .nn",hPr " hig mher sald
that the SDie 9UfS"n rh,th,r hr c,rEErae ichch
had bern prodund eGs mt GC iega cior"cte'
lie Insisted II was not, brcausc the law had not eern
.'compiitd ,rHi
Mr.. MARSHALL commended that he certificate
void. ''BEcAusE 1T DID SoT coSTsis Ev,pKscS Of THr
MATS fAcr-wnsT WAS THE CHOICE THE PEOPLE os
the DISTRICT HIS WAS WHAT rHE House WASTE,
THIS COULD BE OBTAINED FROM THE
LEGAL REcORD-THE POLL BOOKS-cERTIrI.
I'D COPIES OF WHICH ARE SOW oN The tLERKs TABLE.
MIR ELLSWORTH (an"ihpr Frd-rallsl took The position
''thn The House would be governed by THE ACTUAL
STATE OF The BALLOT BON not by the Go
vernon y certificate.
Mr.. ADAMS assumed that "THE DIFFICULTY
HAD ARISEN IN FRAUD, md upon that qnes.
ton he WAS PREPARED TO SIT AND VOTE
UNTIL 1T SHOULD BE SETTLED"
Mr. BIsSEY (hnnther Federast and lawyer Of emf
nence) laid II down principle that THERE IS SOME
WEIGHT - the TOLLS aSp UNLESS TT WAS CoCHTEEACT.
ESIDEHcE, POLLS MUST STAND"
Mr.. LlScoLS maintained The cple But the
speech Ut MIR Banks lone OF the most honest enght.
ened, and respected Federal members) which made
upon motion OF his 10 give MIR Leicher the seat,
alter The ars resolutions. given above, had passed, as
suned the highest ground, and we think the True
ground, after the House had rejected the Governors
certificate as not corresponding with the polls. He
SAID THE MAJORITY OF rorEs DOES EsTiTLE THE PERSON
WHOM THEY ARE GivRS TO HIS SEAT MR. LETouER
SHOULD, THEN. orr oPtSInS. Considered IN THIS
TRIAL ASD DISCUSSION IS Is POSSESSION Of ms SEAT
We give below the context on which the dIca have
quoted from the speeches Of the Federal members are
contained. Every must their direct application
10 The New Jersey case and that The precedent on the
IoGfnals conformity @ith The principles thus ad
vanced and Is not "uned aTy agreement Of the par
Ties concerned 10 waive principle right
The only waive The journal, is that Of the objection
10 Mr. Moore $ certificate until after the House had been
formed without his being called sworn.
We give oil that appears on the journal IN regard TO
The preliminary proceeding before this whole case was
disposed OF under MIR. Hardin resolution.
ELtrarts from the Journat
HousE oF REPRESENTATIVES,. Dee 9. 1888.
This being he day fxrd by The Constitution ir The
nreiing If Congress, Matthew ST CLAIR Clark Clerk 10
tic lae House Il K. prPse na'ives commenced IN" call
Of thu roll by States, beg'nnng with the STATE 81 Maine
aud having called far The Sale u kentucky, and
beng about to call he n-nbrrs from that S,nr"-
Mr. Chiffon Ian and obj cted To the a|ilng OF
Filth Congressional DsrIcl al said Stall, he ground
that the sad 1hos Moore had kern duly elected.
ard shat the o. lie said lh"s T. No"re not
the form prescribed by the laws Of The Stale OF Ken
lucky
And after debate the objection waived; and by
general consent agreed that Mr. Moore should not
he called uu, The House should have become organized
by the election oil s p. hker and other officers.
December
The House resumed consrdr ration Of the uhlscnl
raised, and wnIred nn The fret day Of r sr"0'"" 10
the calling and qualifying OF Thomns Moore as me
n..t. - Ca congressional District OF the State
OF Kentucky; when
MIR Hardin moved the following resolutions, viz
Resoired That the Committee Of Elections, when
appointed, inquire and report 10 this House, who -
the member elected from he Fifth Congressional Dis.
ific Of The Stale Of Kentucky; and, until the commit
lee sh,lI report ~ herein required,
2 Ecsoircd, That neither Thomas p Moore nor Roht
p Lrcher sha be qualified The member from the said
district
3 Resoired, further. That the Committee Of Elec-
tions shall br required Ia receive evidence all the al
6davs and depnstnns which may have been hereto
Tore or which may hereafter be. taken by either Of the
porties due having hren gwen 10 the adverse
party his agent and report the 10 This House
The said resolutions read; and, after debate
thereon,
The question was put, that The House do egrre 10 me
first resolution,
And passed IN The affirmative.
And the question nIsn put, that The House do
agree % the srcond resolution,
And passed IN the affirmative
And rI~ question, sha. the House do agree 10 The
third resolution,
IL also passed in the affirmative
In the lirusr of Representatives, Dec 4, lS33-Mr
Allan al Kentucky. lniirdncrd The subject of The con-
Tested election Of Mr. + Moore BY motion that ihs
p,prrs relating Ia that subject which IN III"
hands uf rhr Clerk &c ihp House. should br read H.
stated objection Ia III. returns Transmitted by Ge Go
werner k-r'ucky. being rigHl md null i"asnnch
a. they proved that h- shpr H. 81 five Counties had met
vet only thee had =. ed and e-" err H. d. not INT
they had required rs Inv c"unrd all III. Yates g1' ~
hut expressly thsr iEy hHG not r"unrd all thu votes
On- III. shrrtis p"rrrvrnp that the suit :" ht "I""
lion would gtge Mr. L.Icher rn"lntny at loO vnes 10
that district 'ak.n up The pill book at H. county
md MARCHED Il with l. had to-mrry h''n 81, posed
that man could get into Congress without VOTES
pnouph la r.c; hiir hui seeinrd that wny had
been ,pvpn. ed to ett there by minority Of VOTES
Would The House sanciinn THIS:
MIR Chiffon of Kentucky. said, the sole question in
The casp was whether The certificate which hnd been
n,o;;uc.d WINS or wa- not Of legal character The duy
Of the ssrlifs plainly pointed out by The law and
all 10 hr decided was, whether they had Complied win
i, or mt He then I'd The certificate. and insisted
that i, was palpabe that they had not Nor could he
admit as had heen concluded that though the evidence
furnished BY such paper might he incomplete. yet II
was The best that could b. Obtained in thu and
therefore ought 10 be received Would II be adinit'to
in court Of Justice, in case where there were two
witnesses TO n fact of them COMPETENT. credible,
and dsineresied and the other Of opposite character
that if tie frs, could be Obtained the testimony Of
the interested witness must be admitted because IL was
the next best? Surely not.
Mr. G. dwet upon the dangerous consequences that
mus, rrow Of The reception Of such paper 10 The
purity If elections and the safety ofthe elective franchise
Mr. Marshall of Kentucky, went into an examination
of The certificate on which Mr. Moore claimed, and in
sisted lfa, no court of justice in the country would re-
ceive il as evidence under the law Of Kentucky. The
,a,er did not contain evidence Of the main fact IN The
case viz: what The choice Of The people OF the dis
c, !, question; This what the House wanted, and
his could be obtained from the legal record. the poll
hooks; certified copies Of all which now on the
Clerk table The certificate only substitute for
those admitted of convenience but If II was cetc
tive ,han resort be had 10 The records themselves
WHICH were the very hes, possible evidence in the