The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-15

"As thu sitting mem6sy's majority. according to the
original rsturns Ia la3 farther deduction from the
above 1853 of eleven votes, would still leave the eing
member majority But the undersigned believe thai.
ii they adopt far more favorable rule Of evidence
the than the practice Of the House prrci
pie will justify yet that quite majority will remain
favor or the sitting member.
Fret 1t is conceoed by the majority Of the COM
mittee that FIVE illegal votes cast by the paupers
for tue contestant The undersigned believe the nun
Der of votes cast for the contestant by the inmates
the slmshouse much larger Buff Ave be taken as the
from the list OF alleged illegal votes for the setting
Der but they should be deducted from the given
duciioa Of ten from the list Of alleged illegal votes
for the sitting menber. Therefore, deduct Ave mcre
from the above l53
Second There is DO proof showing for whom the
persons named In schedule 10 voted Deduct therefore
- votes for this cause. from the above 1853.
sons named in schedule G. alleged have been on Otiss
list were not lawful voters is it known for whom
they voted. Deduct this number.
Fourth. Mako like dedu stion of Ia persons named
10 schedule P, who not in the almanouse.
Fifth Make Like deduction for the five person,
ausb ousc before the election
Sixth lfthe % persons who went to the almshouss
oeofe IKE passage OF the statute OF is2 obtained resi-
dence then this number should in like manner be de-
ductedn
[Sisued by Timothy Jenkins, Lucien B. Chase, Hez
Mr. CoBB, of Georgia, said that there were two points
in this controversy fest as to tho constitutional
81 sh, shs sa to and secondly for whom dc
he must make it sppesr that Of the
have no right to vote that they did VOTE that thoy
voted In wards other than those In which they resided
prior to going into the slmshouse and that they
for Mr. jackson. When he makes apparent these four
propositions he will be entitled to the seat. He
make ell four appear. But if Mr.. Jackson succeeds in
rebuttng either, be retain his seat The consttu
tion and laws Of New York give paupers the right
vote The case decided here during the last
one in point In the New Jersey contested election
-Fsree VS.. Ruuk, the House solemnly decided, (aud
Mr. Cobb voted with the majority against his potice
r RnuEl OF fhe ruda inf o
Princeton had right to vote. The committee of elec
tions and the HOUSE. pacsd this upon the grouad
tbs law Of that state forbodiug them, was in con!c
With thu constitution Of New Jersey
Mr. VAN DYKE--rhe law in relation to the student.
wa passed Ia ls4s The constitution sdoptsd
ia 1874 snd repealed that law The election took pac.
under the new constitution
Mr. Core was obliged to the gentleman for tho inter
Iupon The constitution contained the laws not re.
pugaant to it. and this Law decided BIZ this House
be repugpant II the pAup.rs legal voters then
s an end Of the controversy But the testimony thst
heaeey it is perfect stem of guessing on impro
per basis. Mr.. Cobb examined The printed evidence
TO that theirs was no proof that these
sons voted for air. Jackson.
Mr. DUEa said that their names were on tho aims
hoUse books.
air Conn asked whether the books showed that tbey
voted for M. Jackson lLaughter] He admitted that
the poll lists had been compared With the slmshouss
books but that did not show for whom they voted
MIR DuER directed the gentleman to the poll list.
M Conn repeated that that did not show they voted
Tor Mr.. Jackson. And he further continued his re
ahr saying tuSt nc Oil not Deeve that the meJorty
OF the committee on careful review, would adhere
its decision that Mr. Monree Is entitled to the seat
jury Of twelve men would decide against It TAe mos,
extravsgant nercnces and presumptions must be
before the House declare that Mr.. Monroe Is ert
tied to the feat now occupied by Mr. Jackson.
The sPEAKtR stated the question before tho House
Mr. NicoLL moved that the HOUSE adjourn. Thers
were cries Of question" p" question -
Me- WENTWORTH moved call Of tbs House, where
upon
Mr. THOMPSON Of Mississippi called for the yeas and
nays, which ordered.
The House. by 10 96 decided that there should rot
be call
Mr. VAN DYKE believing that there was no disposition
to press vote to-day, made tion at three O'Clock
That the House and to this the majority agreed