Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1842-12-20

House. with power send for persons and papers
and whereas SAID committee, IN session. has had
such petition under consideration. and dd refuse t.
adopt the following resolution, Offered by member
OF said committee, to VII:
Resolved, That Enos Beall, the Representative
ircm the counties of Sieu5en and DE halb, have
leave to appear before this committee IN person or
by counsel, and answer TO the petition Of Madison
Marsh, who claims to be the Representative OF sand
counties; and that the chairman furnish to the said
Encs Beall copies of the petition. documents and
evidence IN relation 10 the said claim, IN the pos
session of the committeeman that the same privi-
ege be allowed to Madison Marsh:'-
By means Of which rejection the said Enos Beali
is preciudcd from defending himself before said COM
mlttee on the ground of contest made in the notice
given by said Marsh; and whereas the spirit of our
republican institutions and the Constitution and Jaws
Of this State require, that IN all cases OF contested
elections. the shall be decided favor of the
person having majority OF lawful votes IN his favor;
and the said Enos Beal. by his affirmation referred
to said committee, has shown that he did receive
m'jnry of votes OF such lawful voters from an op-
portunity to prove winch the sad Enos Beall pre-
Guided, by the said decision OF sand committee, re-
tusng him permission to appear before them and
defend his right to his seat; therefore,
he It resolved, that the Committee Elections
give leave TO EnoS Beal, the Representative from
person, or by counsel, before said committee ami
defend his right to his seat and
lie 1t further resolved, that the said committee,
forthwith proceed 10 ascertain, by competent evi.
dence whether said Beall or SAID Marsh had a ma
Jorily of the lawful votes Of said District and report
the same to this House.
MI BRADLEY saId that the whole question was now
sd open for dscu>s might well be met al once II
was important subject and asked the candid ottcnii
Of The gu'c. lie hoped decision wonld be made jurors,
a r,f, r.aIrf. linz.
be brought here, he would ask with what face any
citizen hereafter appeal jay OF ms c"unty lie
decision Of this question involves matter Sr more important
than seat this floor N0twthsan ling private and p-
ca feelings might be injured by decision ne trusted fa
higher motives would govern
What should be the question involved in this controversy
Not alone that Beal be elected from his and Marsh be
permitted TO occupy but that should be
arrived at as every honest would make. Does the
amendment before the House ask decision be made By
sunnlse Nos but by the rule Of evidence Shall the
who has the certificate be hurled from in favor of
man who has illegal votes What Is the result must
arrive at from the evidence We told that Mr. Marsh
tell that because these illegal votes were not proved
before the commissioners, We shall therefore pay attention
10 them when we have evidence that MIR Beal be-
fore the commissioners ard prolcTed prove their egly
but refused The opportunity by the Of De
kab county The law compels the party conesting place
his charges upon paper but the defence of Mr. Bell not
confined to the state Of Mr. Marsh; but would
whole ground involved in the election occupy Because
may gnoran' and unjust shall we refuse
investigation Shall this huh Court # anrea be closed H.
demands Of justice The law says that the polls Shall
be purged and illegal votes stricken This had
done.
In the 3jh section Of the act regulating elections the doc
ne is fairly lid down, that a of election the
polls shall be pursed-that the person entitled 10 seat shall
have more votes Than his opponent In taking the other
ground, the committee have taken position occupied
befTe-they have refused 20 isaton The
whole matter as contemplated by the law No parallel case
can be cited
In the celebrated New Jersey the parties were per-
mel 10 go nome and enter INTO full investigation In the
case of Lewis and Indman like peruis-
sion was given lie trusted the House would not suie It
self t. be over by Illegal voters from Ohio and M.hgn
There another matter 10 which he wished to call
Of the HouSeno of but Of plain
fact. lie alluded to two illegal that given
Marsh and Marsh himself that OF voters was IN
dcted by the grand Jury county here the vote
bcr Mr.. BE ALL the foreman # the grand Jury This
however viii not answer the purpose, for eleven
committed perjury there lie any improper conduct
this was his opinion, that The first duty Of the committee
should have been 10 have sent for witnesses and thcn
evidence should show that the sitting member ought 70 be
elected, he ud be me hfst 10 concur no the measure. lie
next examined the evidence of Shoemaker from which it
pearcd that there for sheriff and for clerk
and there different strips of paper docetluy fold
ed together Ii was urged that with regard u thc taking
evidence Of the two illegal votes due diligence hal not been
used that Mr. Beall should gone commits
and made oath that he could produce this evidence
Mr. Bea swears, in his Affidavit that he di make appca
tcn that the commissioners would not examine any other
than ShoemakeTs These had no busi-
reject evidence, they but the
chancery collect evidence. The peculiar province Of
judges Of elections to the and decide their
legality Suppose they had thrown the disputed vote INTO
the fire instead OF throwing the hDoI would
be the same for they not compelled keep record of
rejected votes. lie next alluded 10 the which
Shoemaker gave hi vote. Having procured ticket and
knife, he goes behind the Judge the judge hears ras,ng
but nothng-no him cutting the Ills
vote IS then put IN the box, and when they Il Il
counting, OF the judges says reject ami the
pressed by all the other ulgcs The j. then thrown
upon the floor amongst other iapcrs After awhile
takes up the ticket but who knows that The same paper
k,,.I -. ILL.
hands the Judges but who knows that the
paper. lie believed that Tor particular purpose, sus
tuie made for the ticket that the paper presented the
vote for Madison Marsh was not the vote given by Shoe
maker.
The clerk here read the dispositions Of Shoe
maker and Smith of the judges of the election
Mr. Bradley noticed discrepancy IN the two deposit
tons Shoemaker says that he voted Tor MAIDS MASH
and the word Representative" the ticket
that the word Repre- enaiye the ticket he
examined There also discrepancy the testimony as
70 the IN which the tickets printed The ticket
rejected legal ticket, for il accodauce
with the law, which says that every ticket shall Dc gnac
the name OF the person voted for AMI the office The
would have been equally a. strong had N omaNer std al
home and Afterwards he intended - vote for
Marsh or if he had voted ticket without anything
than the word Representative tha he intended 10 vote for
some particular individual This ticket deceul rs
character aud therefore violated another law The law says
If two or more tickets are cd together dccefny they
must be reecteithere being tickets voted for sheriff
and two for Clerk whit YOU think Of the intention Of
the voter And S further, there every be-
lie further remarked, that when IL known that
were Illegal votes given for Masshone at least beyond dis
pute there not )od send i3r evidence decide
this matter, that may arrive at conclusions tv
honestly and faithfully towards all parties.
In conclusion, M Bradley rcmarked that Rome IN the
poudet days OF her aud len Tor had her
man who in the the ach-rtfi uer; bat in the
councils Of his country the grave and sancmonou, Senator
yet at heart He asked with energy Il IT he
possible that in TINS co@av there any who wln.
10 be placed in his condition Though they may attain the
pinnacle of ambitions other times WI come when they Will
be hurled from their proud peem lie hoped the blt
- 49,. .--I. Ill. --.-