The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-31

come on. When stated in the committee that ali
the returns he'd not mot sosss - psssly meant 20
TIE TIE s q de VII n hs sss, Of r. T.
snasiing. Sir, | insipuaie nothing. n 4 believe
myself vronged-if have any charge % make, |
terms shsi ,ss,s can 8. 10 mobilization about
y think by this time the gentleman should know
But, sir, even il all the returns, up 70 certain
day. had been presented, and these returns had
shown majority in favor Of Mr.. Brockenbrough
There may be other votes YET 70 come in which will
overcome that majority. Il Is said there 10 no evil
dence that all the votes have not come In But sir,
u there any evidence that all haze come in Iwas
surprised at The declaration Of the contestant yeser-
day that he had not heard said that there was an
election in the county Of ST. Lacis from which there
10 no return. That an election was held in that
county was declared by himself in presence of hon
orabls msmbers Of the COMMITTEES, and several times
TO myself
[Hsre Mr.. BascKIssRoueH shook his head in TO.
Sir, (said Mr., CO. thar gentemsns denial does
not affect my belief appeal to members of the
committee TO bear me out, that he stated he had
received Information that election was held IN thas
county.
Mr.. BsosKkssHoroH here said few words in ex-
planation, Of which not one word could be heard by
the reporter.
Mr.. CABELL continued / have made my declare
uon; will not retrsei Il; and call upon the com
mittee 10 sustain my assertion. stated, moreover,
although could not prove il, because of the late
ness Of the notice. that there were elections held ia
other precincts from which there were no returns.
assert IL nov. The gentleman eannot-sars not
deny IL. repeat, cannot prove il; but i
make the assertion without fear Of contradiction.
Ny information leads me TO believe that these re.
turns win give me msjosity ofthe votes he thinks
been made by the gentleman thai he is elected by
seventy or eighty votes the committee say by
thirty seven. What has become OF the difference |
do not believe that any other returns that will in
crease his majority will come in; but wish TO
show that the gentleman himself has asserted that
an election had been held in other precincts, but
that the returns had not come in. He must prOrs
that he has msjoriiy Of all tAe legal votes mere
assertion will not answer. My letters induce me to
believe have majority; his induce him to believe
that he has a majority. do not know how the feet
Isl but say that before he can Gust me from my
seat, and take il himself he must prove majority
Of all The poies; and thai he has not done.
IL you adopt any other rule, see the difficulty
into which the House will involve itself. | am
elected to-day, as believe The gentleman comes
here and exhibits certain papers, which are received
without examination by me, showing that he has
majority Of thrty-seyen. Now in a short time |
may receive returns, flor ! am in daily expectation
Of receiving them,) which may place me in major
ity. What, then, may be the position Of this
House, To-day it may eject me, and give my seat
and then again. by the rule sought to be established
here, may again have my seat. In few weeks
again the contestant may receive more returns, and
he may again take the seat; and so we may go on
10 the end Of the Congress Ii 10 me that the
principle is incontroyertbe that III, majority Of all he
uotss must be shown, that must retain my seat.
There is no case on record in which a contestant
has succeeded against legal commission, without
proving majority Of all The legal poies. Your de-
cison, il against me, must be final. The committee
sustained the objection made TO the returns from
Key West. My objections were, first, that the re-
turn made by the inspector, and therefore, ac-
cording 10 the decision Of the committee il was not
legal and, secondly, that had no notice Of the con-
testans intention to apply for III and, thirdly, that
il was unaccompanied by the pol-book.
II is attempted to involve the minority Of the COM
nttee in inconsistency for voting to reject the re-
turn from the inspectors Of the precinct Of Key
West, when they had previously voted TO reject the
returns made by Judges Of probate from other coun-
lies. This is true but the committee had established
The principle that judges Of probate alone were the
proper re urnng officers. Now, here is paper pre-
sented not by judges Of probate but by inspectors,
and majority Of the committee vote to rejec, il.
The principle had been established by the commit
tee, and il must work both ways, or it is good for
jected 10 the establishment Of this princ pie, insisted
on applying to this case which would operata ia
vorably TO me. The minority Of the committee
have done nothing more, therefore, than taken the
principle laid down by the msjority.
made in my favor; and was surprised when heard
the day before yesterday from the gentleman from
Maine mr. HAMliNl that no such order had been
given have made a declaration to my friends that
a report in my favor had been ordered; and feel
to it. The gentleman from Tennessee Mr.. CHASE
will recollect that first obtained the information
from him at his house. The gentleman from North
Carolina Mr. DoBBiN] met me in the street. and
gave me the same information. The gentleman
from New York [Mr. ELLswoRrHl will probably
recoIlect that the same declaration was made by
him. and the gentlemen composing the minority Of
the committee will also remember making similar
statement. mention these circumstances to sustain
the assertion have made that the committee did in
struct the gentleman from New York Mr.. CuLvERlto
make report in my favor. The committee, there
fore, whilst they decided in my favor, reported
against me. They have adopted tabular statement
No 1, which gives me majority Of 81 votes; and
they have rejected the returns from Key West,
which, if not counted still leave me with majority;
and the only way in which the committee can give
majority to the contestant is to do, as some mem
bers do, count the returns from Key West, which
the majority rejected /; whilst the gentleman from
Tennessee Mr.. CHASE arrives at his conclusion
by excluding certain parts OF tabular statement NO
I, and which the committee had received in evil
dence Some Of them receive evidence which the
committee had rejected, and some reject evidence
which the committee had received, until at last they
have settled down on the conclusion that | am not
entitled TO my seat.
At this point Of the argument, the Speaker an
nounced the expiration Of the hour, and Mr. CABELL
took his seat. ..., ~
On the following day, Mr.. c., obtaining contin-
gent possession Of the floor by the permission Of
Mr. GoRDoN, who had taken il with view to move
The previous question, was proceeding to advert
,ursoriy to some of those parts Of his
which he had yesterday been precluded by the
apse of the hour from remarking, when Mr.. G.
slammed the floor, on the ground that he hai yield
I'd it for no other purpose than that Of personal ex
PLANTATION. .., H. =. .r ....
Mr.. CABELL, thereupon, concluded his remarks,
II follows; ..t .n.--. . ..
will, then, since the House seems disnclined to
listen to further argument, advert briefly to what
ook place here yesterday. The gentleman who