The Madisonian., 1840-02-06
WHOLE NO. 80.

/
! Mr BoTTs said. gave way for an expllnsIion-no'
speech and particularly object to the geniemans
making speech without answering my question lie
has not answered me yet nor has he said word IN rela-
ton TO u. lie has not said word about the returns:
ask, who presented The legal return and only
return was presented we're both deprived OF their seats
in the FIRST lnstancel
| Nh DAS1s said both presented the returns OF the
sheriff
MR BORIS What was the nature Of the returns
| Mr. BANKS. One Of the gentlemen had the certih
OF The high sheriff, and the other Of his deputy
Mr. Boris Then was right IN my recollection j,
OF double return not at al! applicable to the
present caselhe high sheriff who conducted the cleo
ton IN the morning giving the return to one party the
| deputy who conducted the election IN the afternoon
giving the return the other party II impossible
Tor the House to determine who had the legal return
except bg Judicial Investigations and The parliamentary
law from which have read expressly provides in that
that both parties shall stand aside until The House
can decide upon the legality Of tho There is
such case here and am as,onisbed that gentleman
! Of The parliamentary experience OF my colleague should
have referred to that precedent.
! asked this question OF the honorable gentleman
| with the confidence, because ! understood from
his own lips (not than twenty four hours think,
before he voted on this quesiion) IN conversation held
/ by him 10 the lobby OF this House, that he had no,
known instance in which the return had not been
cognsed prma fsce evidence which entitled the pos
SCISSOR occupy the this conversation took place
in the presence Of other gentlemen among them another
OF my colleagues, Mr. Taliaerro who nodded assent
/ and this gentleman (Mr Banks) then and there
kuowedgcd that he recognised the Governor and Coun
Gil as the only officers authorized by the laws Of New
jersey TO grant the commission and that the certificate
Of the Secretary of State Of Of validity.
and carried no verify with It whatsoever. Judge then
of my surprise, sir when that gentleman passing
through the tellcrs, voting that these gentlemen had
not alega right to occupy their seats vote given in
direct contradiction and violation Of his acknow-
! 1aJfra aI,arv r.Intts nF rtrht
[Mr Banks asked leave to explain II was true he
had stated here and elsewhere what he would now
peat that the certificate of the returning officer, whether
he be the Sheriff or the Governor, prma facie evil
dence, and that, whenever the seat not contested
II is conclusive evidence tho right of the seat
But what was the case here! The House was forced
| to Judge, because there ten sitting here,
when there ought only have been FIVE. and the proper
and the safest to refer the subject to the
Committee of Elections, when all the fdcis might be
investigated and the House nigh, be enabled form
correct judgment on the rights of the respective cla.
mants
Mr. BORIS The gentleman makes a wonderful sd-
msslon-that the return OF the officer is conclusive
whenever the seat not contested II needed ghos,
TO tell us that As to these how they here;
whose fault was it; who admitted ihcm and how did
that impair the right Of the lawful claimants! Sir,
am truly sorry that the gentleman cannot better explain
the inconsistency OF his course.
The Chair nerposed, and said was not in order to
aude to conversations without the Hall
| Mr.. BORIS resumed. II may be so but this course
was SO extraordinary that | could not help asking
the gentleman TO explain bis conduct; but presume
il is in order then 10 reor to conversations within
the Hall and the gentleman has repeated hem 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 10 get out of the difficulty,
| leave him TO 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 10 myself and Others for The vote he
has given
! 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 il should go home and be consumed in
the flames, as it oughtto be, it gets here)
read TO the House extracts from the proceedings OF
The House Of Representatives another occasion,
To me great exnltation of The members OF the Ad-
minislration pary,and they seemed to rejoice be-
cause hey thought extracts Involved other
gentlemen in The House, among them two gentlemen
from Massachusetts, Mr. Adams and Mr. Lincoln
in papabe inconsistency. Now, sir, Ihave examin-
ed that case, and do not find the least Inconsistent
cy in the course pursued by them then and now
The circumstances we're altogether different. That
was case regularly referred 10 committee and re-
ported on; this is altogether different and therefore
has no application in the present instance.
On reference sir, 10 the celebrated Of Leich-
er and Moore, find gentlemen OF the Adminisra-
tion party occupying positions directly opposed 10
theSe They occupy IN this case. Now they go en-
tifely for the freedom OF suffrage and every vote
gwen al The polls lawfu or unlawful citizen alien
must, as matter of right, be counted, the People
are cheated of their rights Well hcw was il then
lappears BY the report Of The committee, page 754
book OF Contested Elections Tif il is the pleasure
of the House, will briefly state the case, it will
occupy less time than to read the report that Thos
Kennedy, the sheriff. opened the polls in the presence
Of two justices Of the peace, and proceeded to cry
the votes during the first day On Tuesday, the Sc
n, md Iavp pf tha pl in
Of the extreme illness OF his wife, left the court
house shortly after ten o'clock, and the two judges
Wheeler and Landrum, continued 10 receive votes
until about one O'Clock, when Jesse Yan,iS arrived
during which time about forty-f votes we're taken
The committee report all these votes TO be illegal
because not taken in the manner &c prescribed BY
law, 10 wit in the presence Of the sheriff Other
votes are likewise rejected because taken by the
sheriff, but not 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 report)
to inquire whether the persons thus voting were
qualified and entitled to vote, If the officers or per-
sons presiding were not qualified TO hold the election
and receive the votes The State has the right TO
prescribe the OF holding the election and those
votes were not taken in The manner prescribed by
the laws Of Kentucky, and were therefore illegally
received"
But il the doctrine contended for now be correct
all votes given at the polls must be couued in he
first instance, whether legal illegal. Now, let us
see how some of the gentlemen conlendng for This
principle voted then, when their votes we're to ope-
rate ~ iayor OF Lscher. See Journal of the House
OF lS33.34, page 6si
On the question thai all the votes given by qualified
potcrs witch were received in Lancaster eiarrard
connty, whilst Moses Grant, Esq acted as one Of the
judges, on the first morning OF The election, in Au
gust last, and on another proposition, that all the
votes given on the second day by qualified voters be-
fore the Judges ought 10 be estimated in ascertanng
the result of The election, the whole nearly the
whole Administration party voted in the negative:
and among the names If those present, see Jesse
Bynun, Henry w. ConBor, Philemon Dcker-
son, Cone OF the conestng claimants from New Jer-
scY John Galbrailh HcnrY Hubbard fnnw In the