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

docs appear that he put IN two tickets Tor Msdiso
Marsh. There is such intmaon in any Of the depc
sons presented for our consideration.
Much is laid upon the affidavit Of Mr.. Peall co
upon the fact Of his having the certificate Of IN
member elect What, sir. II he does come here with IN
gambling certificate of the gambling Sherffs of De Kali
and Steuben counties under gambling law Are w
thereby pecudcd from exercising the right guaranteed
us by the Constitution, TO Judge OF the election and quail
hcaton OF our own members shall make question
OF veracly to place IN jeopardy the character of gen
teman. Justice and courtesy forbid IT. | will impuer
the motives of any But the affidavit of Mr. Beall
that illegal votes Mr. Marsh, relied upon
by gentlemen in argument Upon this fact the cas-,
is made 10 stand But If affidavit side is So
potent and prolific in its consequences and results, why
not As great the other! Is not the affidavit of Mr
Marsh much entitled to credit that of Mr. Bea
The testimony of neither gentleman far their cha.
racter for veracy is concerned, has been mpeached
Good sense reason and justice should therefore dictate
that inference should be drawn from the
the discredit of the other VI beth equally en-.
titled credit, and both equally confident that the
other received illegal votes what becomes of the tremen-
dous mountain Of testimony which gentlemen think
they discover in solitary affidavit Regarding the ai-
davts of both equally entitled credit. thrown
upon the weight Of other testimony submitted TO the
House. for the only of deciding to which of them
received ory of all the legal votes given, and Is
sequenty entitled 10 the contested seat But alleged
that the County Commissioners OF DE Kalb county refused
permit Beal to take testimony prove that illegal
had been given to his opponent But what of that Does
he attempt, his affidavit and specify rho these
illegal voters were submit it this House. submit
it to the champion of the other side of the question upon
this floor q hope he will excuse for calling him the
Champion, where is the law, chapter and page which
gives the County Commissioners of DE Kab county power
compel the attendance of witnesses living in tile county
of Steuben, in cases of this kindr
The committee Is asked for power TO send for
and papers This, the face of It, seemingly fair
proposition and is made under the belief that many
persons, both here and elsewhere will be deceived by
pretended fairness. But sir, 1t is of the most fraudu
lent and deceliu propositions made upon this door
The apparent object TO do Justice but the real design
is to make capitalize effect indirectly what cannot be
done directly TO keep Bea in his all winter contrary
Justice But said before the affidavit OF Mr. Bea
does state the of the alleged illegal voters who
IL pretended their for Madison Marsh Why,
in the of and common sense the
given, well the residence of the witnesses upon
which reliance is placed TO prove the same But there IS
still more potent objection 10 this affidavit IL is this
1t is going 10 five months since the August cleo
ton-a period of time IN all conscience sufficient adj
NIT of collecting the necessary testmOny-and
asked to give further time to take testimony
when it is well known, the effect will be leave the peo
pie OF Seuben and De Kalb without legal Representa-
tive upon this oo and to postpone the question for de-
cson until the end Of the session. when in truth aud in
fact there will he nothing left to decide upon. Upon this
lack of diligence, the part Of Mr. Bea. might be
ed the whole for it in effect, far his rights
concerned giving and yielding them up; and affords
strong presumption that he found them, on examination
incapable of beng sustained bv the actual facts
Another ground Why not this testimony taken
IN DE kalh county, or IN S.enben county and transmit
tel to this House But such atemp, vas made. Aye
but such attempt made lawyer, (Rohert T..
Douglass the friend and alley if not the attorney Of Nj
Bea, did give notice that he woald contest Mr. Marshs
seat and commenced proceedings for that purpose, 10y
serving a notice upon Nh Marsh. But what was the
result Of that attempt \ total failure! No testimony
taken pursuance of ;hat notice. Is it far aud
reasonable TO conclude and appeal TO every member to
reflect well upon the iac) that this friend and ally of
Mr. Bea, after having commenced proceeding
abandoned the further prosecution OF the contest, II must
have of his having found be hard
and difficult If not hopeless and ndeiensble case This
sir must he the natural inference 10 every rejecting aud
thinking mind IT, therefore, Mr.. Beal has tights he has
Justly forfeited them by embracing the proper time
manner and opportunity of vlndica,ing them.
Much stress Is laid upon the alleg ron that one Of
the voters OF Steuben county, who voted for Mr.
Marsh, has been indicted for illegal voting. Whilst
dwelling upon this fact which the gentleman did with
much complacency, should be kept IN mind fly those
who urge argument that the foreman Of the grand
Jury, which found the Indictment other than the
honorable sitting member himself am far very faf.
sir, from impung corrupt TO that gentleman
with charging him with ha7inG procured the indictment
But does Indictment prove guilt Does not every
one know (who IS IN the least degree acquainted with
The motives Of human ac,ion) that the human mind is
liable TO be BIASED by self interest and that indictments
often found through malice, prejudice, or misappre-
hension Of facts shall leave members draw their
conclusions.
Although a notice was served on Mr. Marsh rs / said
before, evidence taken. and has been sub
mted TO this House OF specific and tangible character
Now SIR what TIE natura-the irresistible inference
from this Docs show that himself and his lawyer
ally aud friends found they had the weaker side OF the
case Finding which he abindons the attempt, and
comes here; and for what purpose For leiay. SIR .
for the sinister purpose Of producing effect broad
boy Dad the walls OF this House His object SIR Is 10
make the impression taat he has been refused the power
to send for persons and papers prove lis gt TO hs
seat, when, IN irutl, he has had four months do So
but has during all that time. slept upon his rights
The question SIR, must he decided upon the testimony
before the House taken before the commissioners
De Kalb county. To 10 otherwise would, in effect, be
delaying its decision until the month Of March for A. at
this stage of the session await the tady process
sending those counties fpr testimony least
month must eapse before expect 10 receive H. AMI
then three weeks debate may be expected TO follow be
fore take the question, and make decision BY
tme the will have nearly closed, and nothing
will be really lef, 10 decide upon
But much stress is also lad 90 tho Of double
ing and shall therefore advert again. Where ar
individual oasis two votes FOR The person for the
Office at the election, there can be no doubt
such illegal and should be uuhesitatingy rejected
Is It c0ucnded that Mr. Shoemaker 0r any other indiv
dual m instance voted ior Madison Marsh more than
once The evidence ar, warrants no such conclusion
To prove that double had been cast ny that
other voter for other candidates. be construct
yilile legal VOTE pursuance OF Tie forms ard -
QUESTIONS Of Law for Madison Marsh Have the ad7I
Gates Of the sltn member coniende that :he-s rs beer
single Of double voting specified, proven hav
ing been cast for Mr. Marsh rs means. Why
then talk about double voting unless Tor the purpose
deceving the public
Bot this ISSUE VI. Speaker has been narrowed dowi
% one point Gentlemen who advocate the other side o
tie question attempted make their stand Mr. Bel
affidavit bu, drive from that and every other position
they contend that All vote rejected not The vote de
posted in the balot.hoY by Mr. Shoemater. Now, a.,