Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-09
CONGRESS OF THE UNITED STATES.
HOUSE OF REPRESENTATIVES.
CONTESTED ELECTION BETWEEN MR.. NAYLoR
Ann INcERsnII


CONTESTED ELECTION BETWEEN MR.. NAYLoR
AND Mr. myers OIL, OF PA.
70 The SPEAKER announced the special order set
for this day the report of the Committee OF Eec-
lions made at the last session on the memorial OF
Charles Ingersoll conesting the right of Charles
Naylor TO n seat in the House as the Representa-
tive from the Third District OF the State OF Penn
sylvanii, when
MIR. MEDELL moved the following resolution :
RcsolpSd That the petitioner, Charles j. lusersol,
he permitted to appear at the Bar, and that he as
,osl as ihs sitting member have leave address this
House on the subject OF the Contested Election for
the Third Congressional District OF Pennsy lvania.
And the question having been taken, the resou-
ton was agreed TO without division. But
Mr. LEWIS WILLIAMS rose and moved a
reconsideration of the vote thus taken.
In assigning his reasons for this motion, Mr.. w.
said he did not understand that MIR. lngersoll claim
ed a seat; he did not understand that that gentle
man came here Tor the purpose OF indicating his
own right or the right of those whom he proiessed
10 represent The case, therefore, 1t seemed to him
(Mr. W. could not bc properly advocated by MIR.
lngersol himself; neither had any other individual
within that Congressional district such right. The
course proposed by the solution was, therefore,
Irregular unusual, and improper. He MIR W.
had no objt cton that Mr.. lngersoll should come
here and sustain his own right TO seat; but, so far
he mir. W. knew, that gentleman did not him.
self claim to occupy the seat of Mr. Nayor.
Mr.. MEDlLL did not know, he SAID, how the
gentleman from NOElu Sdfotlud AIhE w
came to the conclusion that Mr. lngersoll did not
come here for the purpose of vindlc iting his own
right to a seat. BY reference 10 the eS Of the
House, il would be seen not only that a memorial
had been presented by a large proportion Of the ci-
tzens of the third Congressional district of Pennsy
vania, but also that there was a petition from Mi
Ingersoll himself, in which he set forth that frauds
were committed in the election there, and that, If
justice done, he would himself be placed in the
seat which was now occupied 10y MIR. Naylor. The
Of
Two reports were made, (Which were presented to
the House about three days before the close OF The
last session., OF the reports sustaining the sit
ting member, and the other declaring that the cleo
ton had bsen carried by fraud. That was the ques-
ion which now came up for the decision OF this
House. The Committee on Elections had dischar-
ged their duty by taking all the testimony they
could collect and presenting their views. Ii now
remained for the House to determine which of the
two reports was correct, and whether the seat be-
longed rightfuly TO the sitting member or to the
gentleman who appeared here 10 claim II. Why
the gentleman from North Carolina undertook TO
intimate that Mr. lngersoll had Withdrawn his
claim 10 the seat, he (Mr M could not undertake
TO say but he knew that he had neither heard nor
any thing 10 justify such a conclusion. And
Mr. Ingersol now here demanding TO be heard
at the bar Of this House.
MIR FILLMORE called for the reading OF the
resolution presented by the minority OF the Com
mItee Of Elections and the concluding part OF the
about MIR. lngersol retaining his right to the
And the slme having been read
MIR. F. said he believed that the circumstances OF
this case far they were material to the decision
OF the question, were substantially Theses Mr. In
gerso, with various other citizens OF Pennsy vania
presented a petition to this House, alleging that
there had been fraud in the election in the Sd Con-
gressiona district OF that State, and praying that it
might be set de- and, as he (Mr. F) believed al.
so claiming the seat for MIR. lngersol, although on
hat h N. l. L 4 l.
The Committee of Elections went into the invest-
CATION of the subject, and took testimony; and the
majority of the committee came TO the conclusion
that no fraud had been shown, and recommended a
resolution for the adoption of this House, setting
forth that Mr.. Naylor was duly elected. The mi
norty of the cOmmtte also made report, las
would be reference TO the documents) i'm
pugnng the validity OF MIR. MAYORS election but,
il he (Mr. F.) remembered right, not contendng
that there any evidence before the committee 10
show thai MIR. Ingersoll elected. He, MIR. F.
therefore, Ter such state of facts cered Il
contest in the same light if the question had
been raised by any other citizen of the State OF
Pennsylvania; and he was willing TO give his vote
on thar ground for the right of any citizen TO contes,
the seat Of any member of this House. IL did not
result, as a matter OF necessary consequence, that
the opposing cand date was to be the only contestor
10 the right of the seat; il right which belong
ed to any citizen who thought MIR N. was not pro-
perly elected. The House, in his view, was 10 act
IN JUDICIAL CaDdCiiy-dS n court oil luStlce-aEQ
the only question as % The mode IN which This House
would act, was question of convenience. 1t had
been found conyen ent and expedient in all courts
TO hear counsel on both sides of iitgated questions
Ii might not perhaps be an inherent right to have
counsel; but II was convenient and expedlenl; and
II seemed 10 him that the claim 10 have them
perfect here 1t coulc be in a of Justice
Here was case brought before the House for its
adjudication; and, in his opinion, Mr. lngersol, who
had raised this question, should be permitted to be
heard as well as Mr.. Mayor. And 1t seemed to
him Mr.. FL that made no difference whether the
former claimed the seat or not. The contest was
equally important TO the country and the right of
the citizens 10 have the wrong corrected, II wrong
existed. was equally good. He should, therefore,
vote against the reconsideration.
MIR. BRIGGS was understood TO say that he
thought the House had committed great error, at
the last session OF Congress, in refusing the mem
bers IA ON New Jersey who claimed their seats an
opportunity OF being heard at the bar Of the House.
Now, here was a case ON the State of Pennsylva-
MA in which Dir IngersoIl claimed that the election
justice were done, the sitting member would be re-
moved fOm his seat He iMr. b. knew Of no case
within the last ten years ia which person aiming
a seat had not been heard at the bar Of The House.
lie thought II was the right Of Mr.. tngerso to be
heard. There was gre prOpficty IN hiss being l
leard upon The ground suggested by the gentleman
rom New York, (Mr. FILLHoRE.) He (Mr b. I
housht that u would be not only ineZp dent but
unjust, when a rival candidate came /
iefe to contest the right Of a man who was in his l
tat, end who claimed that right-it would, he re- 1
Deattd, be most manifest injustice no: to hear him |
II the bar Of the House. IL was right that the SIT
ing member should also be heard. He (Mr. b. |
loped That the vote would not be re.cOnsdered, !
md that the House would do that Justice ia this
,ase which refused TO the five members (, ON |
The State Of New Jersey.
The SPEAKER gave the floor TO
MT. MASON, Of Ohio, who yielded il to enable /
MIR. GARRET DAVIS TO ask for the reading OF I
the memorial Of MIR. lngerso, (above referred to-
The memorial not being nj the moment on the
Clerks table
Mr.. MASON considered the resolution offered by
bis colleague (Mr. MEDTLL) as a very proper one
He lMr. Mason had entertained the same opinion
q! the time the New Jers y case was before the
House. and he had then the honor Of Offering a 70.
solution Of the same import as this; but whch, IN
der the influences then prevailing was re- scted by
nH memorable majority, some Of whom were at this
present moment engaged IN attempting 10 have the
inestimabe privilege there claimed extended TO one
uf their own friends. Where then was the desire Of
these gentlemen that the parties coming here by yir,
tne OF documents emanatng from the highest autho-
Tlty OF The State should be permitted plead their
case OF the bor Of this House lie was glad how
ever, TO sec returning Of Justice as indicated
by the resolution now proposed. The une1ampled
Outrage perpetraicd m that case had reached the
ears Of the People, and they had responded TO IL in
terms which, he hoped, would be remembered after
the existence OF the present Congress. They were
now, he hoped, about TO return 70 the good old
practices Of the Republican school, according TO
which, as he had read and understood them D. was
the privilege Of q person who had been returned 10
this House as member, and Of him who contested
the validity OF the return, or the truth Of the election