Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1842-12-24

! by the Statute. The result IN favor OF Mr.
BEALL, who was ihereupon declared elected am
received The certiflcate Of his election.
/ An attempt. however, was soon made TO ytiate
/ The election of Mr.. BEALL The Illegal and re
jected pretended vote, Just alluded to, was pro-
cured, and Its parts were put together. MIR. Be
ALL was then notified that Mr.. MARSH would con
test his seat, and a time and place des igna-
/ ted for the purpose Of taking evidence, before the
| County Commissioners, 10 accomplish that object
Mr.. BEALL, II appears from the evidence, atten-
ded at the timo and place, when the iac's III re.
ference to the vote before described ellen ed.
Upon that examination Dad Ne!Tp Shoemaker
was sworn, who testified that he voted ticket
similar to the one re ected with this exception,
VIZ: that upon his ticket the word Representa-.
tye' occurred above the name OF MARSH. No
positive evidence, his own iucludet, even tends
to prove that Mr.. Shoemaker voted HE rejected
ballot. The only circumstance p5:3t,ug that way
CONSISTING &c he :act that he voted ticket split
and folded. Upon this examination before the
County Board IL further appears, thai MIR. BEALL
IN person offered 10 prove that two Illegal votes
were polled and counted votes for Mr.. MARSH.
This privilege however was refused HIM II Mr..
BEALL had been permitted to have established the
fact of such illegal ballots, If the re ected
ballot had been strictly legal, II is Of course evil
dent that his own eie ton still secured by
maj rity of one vote.
THIS contested election reached the House Of
Representatives in the condition just described
and was referred by thu; body to tho Committee
on Elections. Tho testimony jus, stated was
placep before that Committee. 1t was the testi-
mony Of MARSH alone Mr.. BEALL desired to be
hoard before the Committee either in person
by counsel: the ma jorIty of that Committee de-
med him that right. Mr.. BEALL made affidavit
that he believed he could prove that two Illegal
votes were poIled and counted for MARSH, but
that he had been refused the privilege to adduce
such proof before the County Board, and request
ed the privilege TO present such testimony. The
request denied. The minority Of that Com
mitlee asked that persons and papers should be
sent for and full Report made upon the rhole
facts that the legally elected represen Aive should
be placed IN Office. The proposition was voted
down, and resolution ejecting Mr.. BEALL and
seating Mr.. MARSH in his chair reported by
them to the House.
When the resolution was read in the House OF
Representatives II was moved TO amend ~ by re-
forrins L-~n- ~ C,....,.s,nn,
with instructions requiring the committee 10 send
Tor the requisite proof and report such one OF the
con testers elected, who from such PROOF, should
be shown 10 have received a ma ority Of the le
gal voters Of The counties Of Steubep and Dekalb.
This amendment, so reasonable and Democratic,
was unhestatugIv voted down by the maj 1rlty
Of the House Of Representatives. 4 Resolution
was then offered requiring the election to be re-
turned TO the people from whence ii came: TO
send both candidates to their homes, that new
election might be ordered aud that the voters Of
Steuben and De kalb might, belonged to them
10 do, decide this question for themselves. Yet
strange. as the undersigned deem 1t, the majority +
Of The III ouse refused even to listen to this sugges
ton, but ordered the Previous q lestion to be
ken, and thus elected Mr.. Beal and placed Mr..
Marsh 10 his stead
In all this cofduc, of the Committee and the
House. IN The estimation If The undersigned, there
was manifest illegally, Injustice and lmproprety.
That the rejected vote was The vote of Shocma-
ter there is proof vet # such proof were over
y h lining, the vote was none the less Illegal and
Ioid on that account.
If the vote however. had been legal, il would
lave afforded to Mr. Marsh a mri MY Of but one
,ote Mr.. Baall made oath Of and desired to
prove the polling and counting Of two illegal
totes for Marsh, which if he had established, as
n equity he should have been allowed 10 d.
would have guaranteed his seat to Mr.. Bsal--
Fhs establishment of proof in hts behalf, the
of every man IN land Of freedom,
vas however, denied.
If the Committee were even correct IN refusing
o listen to Mr.. Be all, to his counsel. they
without apology declining to bring before them,
IS they had full power to DO, the Hhole evidence
n the case, and deciding rhereapon
There INJUSTICE in the act Of the House III
efusIur to refer the matter again TO he Commit
ee with instructions to examane into the entire
ase, aud report favorab'y to the legally elected
H. INFANT
There WIS great UNFAIRNEss and IMPROPERLY
n the refusal Of The House To send back tie con-
estors to The peop,e, that they who clothed
sih the sovereign authority might exercise their
a wiul power.
The Undersigned. therefore, deem the proceed
ngs in this particular, TO presen, The following
acts, wv:
Frsi. Enos Baall, elected IN strict compliance
.ith the law and clothed with the credentials Of
Is off. e. took his seat. aud was sworn as men,
er Of the the House of Representatives.
Secondly HIS seat contested, and he was
iec,ed from it, without being heard; without the
rivilege of introducing proof, aud without any
violence 10 controyerl his rlghtIGi claim 10 his
osilIon.
Thirdly Mr. Marsh was installed his
essor with no further clliuI that that based UP.
n a rejected and palpahIy Illegal ballot, 10 the
ace of a sworn statement that Illegal votes, sGt
.:ient TO defeat even his Sto;g Of right 10 that