The Madisonian., 1840-02-06
WHOLE NO. $40.

that he held for the remainder OF the session.
Mr.. BoTTs said, gave way ior sn eSpliDstion--Do
speech aud particularly object TO tho gcnilcmans
making speech without answering my question. lie
has not answered yet has he said word IN rcla
tion to H. lie hss not said word about the returns |
ask, who presented The legal return aud if only one
return was presented we're both deprived Of their seats
in the first lnstance
Mr.. BANKS said both presented the returns Of the
sheriff
Mn. BoITs Wha, was the nature Of the returns
Mr. BANKS One Of the gentlemen had the certih.
cate Of the high sheriff. aud the other Of his deputy
Mr.. Boris. Them was right in my recollection il |
was Of double reiara at all applicable the
present casethe high sheriff who conducted the elec
ton m the morning giving the return TO one party the
deputy who conducted the election in the afternoon
giving the return to the other party IL impossible
for the House TO determine who had the legal return
except by Judicial investigation; and the parliamentary
law RON which have read expressly provides IN that
case that both parties shall siand aside until the House
can decide upon the legality OF tho There is no
snch case here and am as,ohished that gentleman
Of the parliamentary experience Of my colleague should
have referred TO that as a precedent.
asked this question Of the honorable gentleman
with the more confidence, because ] understood from
his own bps (not more Than twenty four hours, think
before he voted on this queson) in conversation held
by him 10 the lobby of this House, that he had no,
known an instance in which the return had benn re-
cognscd prma scie evidence which entitled the pos
SCISSOR to occupy the this conp ersation took place
in the presence Of other gentlemen among them another
of my colleagues (Mr. Taalcrro, who nodded assent )
and this gentleman (Mr Banks) then and there ac- |
knowedgcd that he recognised the Governor and Coun.
Gil as the only officers authorized by the laws OF New
jersey to grant the commissions and that the certificate
Of The Secretary Of State Of Of validity.
and carried no verify with il whatsoever Judge then
of my surprise, sir when that gentleman passing
through the telers, voting that these gentlemen had
not legal right TO occupy their seats given in
direct contradiction and violation Of his own acknow-
ledged convictions of right,
| [Mr Banks asked leave to explain II was true he
had stated here and elsewhere what he would now re
peat that the certificate of the returning officer whether
he be the Sheriff or the Governor was prima face evi-
dence, and that, whenever the seat contested
it is conclusive evidence the right of the scat.
But what the here The House was forced
to Judge, because there sitting here,
when there ought only TO have been FIVE and the proper
and the safest to refer the subject the
Committee OF Elections, when all the facts might be
investigated, and the House might be enabled form
correct lndgmen. the rights Of the respective cai
mants
Mr. BORIS. The gentleman makes wonderful sd.
mssion-that the return Of the officer is conclusive
whenever the contested II needed no ghos,
10 tell us that As to these men, how they here;
whose fault was IL who admitted them; and how did
that impair the right Of the lawful caimantsl Sir,
truly sorry that the gentleman cannot better explain
the Inconsistency of his course.
Ftc Chair lnerposed, and SAID il in order TO
! alude to conversations without the Hall
Mr.. Boris resumed. II may be So bat this course
was SO extraordinary that could not help asking
the gentleman to explain his conducts bu, presume
it is in order then TO refor 10 conversations within
the Hall and the gentleman has repeated them here
over and over again, until none Of US had doubt
that he would vote with rs on the question But !
am not disposed 10 pursue the matter any further if
my colleague wants to get out of the difficulty,
leave him 10 do so in his own way though should
have been more happy 10 have heard him assign
some reasons which would have been more salts
| factory, both TO myself and others, for HE vote he
has given
suppose, sir, Ian, al tbcrly TO refer TO what has
occurred here, The gentleman from Ohio, Mr..
Duncan in speech delivered By him yesterday,
made, as he told us for home consumption (and
am willing it should go home and be consumed in
the flames as oughtto be as il gets there,
read 70 the House extracts from the proceedings OF
the House OF Representatives on another occasion,
To the great exnltaon of The members OF the Ad
minislration party, and they seemed TO rejoice be-
cause they lhoughthose extracts involved some other
gentlemen in the House, among hem two gentlemen
from Massachusetts, Mr. Adams and Mr., Lincoln, |
in papabe Inconsistency Now sir, have examin- !
ed that case, and do no, find the least inconsisen
cy in the course pursued by them then and
The circumstances were altogether different. That
was case regularly referred to committee and re-
ported on; this is altogether different, and therefore
has no application in the present instance
On reference, sir, to the celebrated case Of Lech
er and Moore, find gentlemen OF the Adminislra-
ton party occupying positions directly opposed to
litely for the freedom of suffrage, and every vote
given nj The polls, lawful or unlawful, citizen alien
must, as matter Of right, be counted or the People
are cheated Of their rights. Well how was ii then
Itappearsby the report Of The committee page T5l,
book oi Contested Eleclions-T il is the pleasure
of the House, will briefly state the case il will
occupy less time than 10 read the report that Thos.
Kennedy, the sheriff opened the polls in The presence
Of Two justices Of the peace, and proceeded 10 cry
the votes during the first day. On Tuesday the Sc |
cond day of the election Kennedy, in cons quence
OF the extreme illness Of his WIFE, left the court |
house shortly after ten O'clock and the two judges,
Wheeler and Landrum, continued TO receive votes
until about one o'clock when Jesse Yantis arrived, /
during which time about forty fve.votes were taken.
The committee report all these votes TO be illegal,
because not taken in the manner, &c. prescribed by
law, TO wit in the presence Of the sheriff. Other |
votes are likewise rejected because taken by the !
sheriff, but mol in the presence Of the judges; il be- |
ing necessary they should be t,ken in the pre-
sence Of both. II is unnecessary (sayS the repor)
10 inquire whether the persons thus voting were
qualified and entitled TO vote if the officers or per
sons presiding were not qnahedto hold the election
and receive the votes. The State has the right to |
prescribe The manner OF holding the election, and those
votes we're not taken in the manner prescribed by |
the laws Of Kentucky, and were therefore illegally |
received"
But, if the doctrine conended for now be correct, |
all votes given at The polls must be couuted in he
frs, INSTANCE, whether legal or illegal Now, le,us
see how some of the gentlemen conending for this |
principle voted lhen when their votes were 10 ope-
rate in tdvor of Lechcr. [See Journal Of the House
OF lS33-34, page 6Sl
On the question that all the votes given by quaitfed |
potcrs witch were received in Lancaster, Garrard
county whilst Moses Grant, Esq. acted Of The
judges, on the first morning OF The election in An.
gust last, and another proposition that all the
votes given on the second day by qualified poers be-
fore the Judges ongh TO be estimated in ascertaining
the result Of the election, the whole, nearly the
whole Administration party voted in the negative |
and among the names # those present, see Jesse |
Bynum, Henry w. Connor Philemon Dicker.
son. Tone OF the contesiing claimants from New J-r-
\ I,hn Eal n. sv