Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1842-03-24
LINCOLN TELEGRAPH.
Bath, n1t.
Congress--Mr. LovyeII,s Case.

IMPRESSION respecting TIE SIouHuS on WHICH MI
Lowell was permitted to retain his seat in the
House-which was contested. The following ex-
cellent and very appropriate remarks by our dis
tnguished Representative, from told Lincoln"
Mr.. RANDALL, of this town, cannot fail-if i'm
partially read-of correcting any errors into which
the people may have fallen by reading the one
sided statement of the Argus and other opposition
journals.
Mr.. RANDALL, of Maine, said that having
been in the minority when the vote was taken on
the resolution under consideration, he thought it
proper to say few words lie did not rise for
the purpose Of opposing the resolution, but rath
err of explaining why he did not consider it his
duty to do so, withstandng the opinion he
had expressed in committee was unchanged
On the testimony adGnced against the sitting
member at the last session, the present commit
tee came to the conclusion that Joshua Lowell
had received ), 1913 votes, Joseph G Noyes 0SO,
and that there were l39 scattering votes, making
the whole number l0.4l2, and requiring 5000 for
a majority and a choice. In this state of the
polls, no person having that number, there was
consequently no election; The committee then
proceeded to examine the testimony on the 9TH
side, and in the progress of this examination
came to the resolution, enormously, as he beiey-
ed, to eject for informally the return of plant
further progress, they rejected, correctly for
aught he knew, other votes given to Mr.. Noyes
because they were thrown by persons not legally
entitled to vote. These decisions, deductng %
votes from the poll of Mr.. Noyes, reduced the
whole number to 10, 354-requlring only 5,l93
for choice. Ifthis were the state of the vote,
Mr.. Lowell, having thai number, was entitled to
retain his seat.
Now, as he did not assent to the rejection OF the
% votes in question, he was unable to vote for
this resolution on so much of the testimony az
had been examined. Yet inasmuch some 30
or 40 other votes given to Mr.. Noyes were object
ed to, and unexamned testimony was before
them designed to sustain those objections, ~ OF
which being sustained would leave Mr.. Lowell
still entitled to his seat, he could not say with
certainty that the resolution was erroneous, al
tho , from a hasty perusal of the remaining testI
mony. he was inclined to Relieve so.
Under such circumstances, in ordinary cases,
he would have thought it his duty to move this
House to recommit the case, for the purpose oi
having the remaining testimony examined; and,
failing in that, he would still have thought it
right to endeavor to satisfy the House that the
decision of the Committee was incorrect. That
he did not regard it his duty to take such
course in this case, arose from the belief that the
contestors had virtually, though not in form,
retired from the contest, under the impression, so
FAR az he could Judge that, although they bclicv-
ed Mi Lowell mol to nave nau a inHlnfllv hl inc
votes ofthe election, yet that majority of the
people of the district wished him to serve
them for the remainder of the term. lie would
state some part of the circumstances which led
him to this conclusion 1t was very evident that
no effort had been made by them since thc last
session to take additional testimony, even to
perfect such as was then decided to have been
informally taken. 1t might be, indeed, that this
partly owing, as had been suggested, to their
belcfthat the testimony it then stood, was
sufficient on their part, and that the additional
testimony on the other side was taken at so late
period as not to afford them time to meet it.
BE that as it might, the unusual delay did not
evincr much zeal i'll the cause.
Further, several very respectable gentlemen
from that district, who were opposed to Mr. Low
ell, had been in this city during the session, a.
mongst them the gentleman who received nearly
an equal number of votes with him also, IL
Bile lawyer, who was one of the rrmonstrants :;
yet he Mr.. RI had not learned that they felt
strong interest IN the result of this investigation
Certain it was, that no counsel had been employ
ed and 10 person had appeared before the com
mittee in their behalf
1t might be proper TO say further, that iH two
other decisions of the committee he hgd not been
able to concur with the majority. But tie points
involved having been less free from doubt than
the one in the question, aud he having felt IncIln
ed to support the sitting member, If it could be
done legally and fairly, rather than to subject
the people of the district to the burden and ex-
pense of another vote, which majority of them,
in his opinion, did not wish, he concluded at once
10 acquiesce in those decisions, far at least
as not 10 trouble the House with his opinions,
unless further should arise for doing.
From such considerations he had come to the
conclusion that it was not his duty to occupy SO
much of the time of the House would be nee
essary for a full understanding of the subject
in an effort to satisfy them that the committee
had erred in their decision, with the chance, iudg-
ing from the account of the aorlty in the COM
mittee, that he might fail in the attempt and with
the probability, ifhc succeeded, that the result
would only be, after the trouble of another vote,
that the sitting member would be returned for
the remainder of the term. While. therefore,
he could not himself vote for the resolution, he
had not wish that other gentlemen should not
Go SO, if they could think it right and proper.
Having thus had an opportunity very briefly
to express his views, he did not think it necessa-
ry, as he should otherwise have done, to ask for
the yeas and nays, which if granted, would have
taken up quite as much time as he had occupied
And he asked leave to say that the time of the
House was in his judgment, at the present mo-
ment, peculiarly valuable; not merely because
the time of the House was the money of the Peo-
pie, which should always have its influence, but
also because matters of the deepest interest to the
nation were pending, and he anxiousy feared
that the House, after fritterng away the usual
period of the session in unvailng debate, might
then adj ourn without having done the business
OF the country.
The heroes of '76 are fast dropping into eterni-
r Al: Ill &c -.