The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-04-09

= 'he House, asis indispensable to tru
Understanding of its merits.
When the subject was first refe
req TO the committee, the parties t
tl1e contest We're severally notifie
''ial the committee was then ready t
receive statement of such facts il
: Writing as they proposed to prove
together with any legal points the,
! might think proper to submit to sus
t tan their respective claims.
IN pursuance Of this suggestion
! 'hey made to the committee writer
; communications, in which their view
OF the controversy and the ground
OF illeh' respective claims were fully
developed; and which were in sub
stance rs follows: The commission
ed members claimed the vacant seat:
under and by virtue of the commits
sons issued by the Executive Of New
Jersey; and insisted that if the com
m'ttee should determine to go back o
tilose commissions and to inquire into
the merits of the election, they haa
Il majority of the legal votes po!Ied
and also 4 majority OF the votes law.
FULLY certified to the Governor.
! The nnn-commissioned claimants ad
mltted the authenticity of the CON.
missions, but alleged that they receiv.
ed the greatest number Of votes poll.
ed;that the Governor and Privy Coun.
c!l un!awlul'y refused to count the
votes from the townships Of Mil.vine
and South Ambov, for the reason thai
they were not included in the certi.
llcates OF the clerk of the counties Of
Mlddlesex and Cumberland; and that
had the votes of the townships been
counted, the result would have been a
majority in their favor. That the
commissions being thus erroneouslv
and unIawfulv issued, were void.
The commissioned members allec.
ed numerous frauds and iIIegalilies in
the election; some Of which they in.
sisted ought to set aside the polls; and
others. lnva!ilate the votes; such as
excluding duly elected persons from
officiating rs Judges Of election: the
determination of eecting officers tc
receive alien votes, and, in fact, receiv-
ing such votes, knowing that thew
were illegal; disregarding all challen.
ges of illegal votes, and permitting
persons. attempting to challenge, tc
be driven away by threats and VIC.
lence; and iraudu!ently abstractino
votes given for them, and substitut.
ing others for their opponents; and re.
jecting legal votes offered for them:
and admitting illegal votes on the 9th
er side; and they also submitted to the
committee a list showing about $50 il
legal votes given and counted for the
non-commissioned claimants, and
three OF four legal votes offered for
the commissioned members and re.
jected. They also alleged that they
expected to prove an extensive con
splracy among the friends of the op-
posite set Of claimants, to pcrpetuaie
these frauds and obtain these illegal
votes; that they had taken some evi.
dence to establish said fact, but had
! been prevented from completing the
proofs, because there was no law re-
guating the mode IN which the same
should be obtained, or given compu!-
sorry process to compel the attend
ance Of witnesses; and also because
The friends of the non-com,nissioned
claimants had persuaded witnesses
not 10 attend for examination; and
had prevented officers from taking de-
positions BY Intimidation and threats
OF public prosecution for so doing;
and they sked further time, and the
authority and direction of the com
mlttee to enable them to compel the
taking of their testimony.
The non-cnmmissioned claimants
denied all knowledge of the illeged
lrauas and illegal votes; but stated
| that they had heard Of some alien
votes having been given at MiIiviIe,
and admitted the fact; and also pre-
sumed that alien votes were given in
other parts Of the State; but believed
tina; there were as many on the one
side as on the other.
These statements were not com
pletcd and laid before the committee
until the Esd day of January, and it
was Obvious from an examination OF
them, and of the resolution of the
House referring the matter, that the
committee must pursue one Of two
courses-that they must either make
Il preliminary report, awarding the
:. vacant seats to one set of claimants
/ until the whole subject could be in
! vestigated, and the final right deter.
/ mined; or proceed to a full and thor.
ough investigation Of the subject, and
! decide upon the merits of the whole
! case at once.
] Eight members of the committee
! out OF nine were in favor of submit.
1 ting Il preliminary report, by which
the vacant seats would have been fill
ed; but they differed as to the basis or
Al ~