The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-29

show from thar portion Of the testimony. that the agu-
meats OF the friends OF the incumbent had no real found
alton. Taking up the subject OF the missing pobook
he alleged thai the sitting member responsible ol
that transaction the book being found in his possession
MIR THOMPSON. the sitting member, arose 10 cor
rect the gentleman II was well known by all the
members who in the last Congress, that at the time
OF the election in iS4s, and for long time afterwards, he
was here, attending TO the business OF the House. and
that he was not OF what going ON IN Iowa IN
regard TO the elections that the scheme OF procuring the
Mormon vote concocled but one month before the
election, impossible he should know any thing oil
at the time the vote rejected Yet the gentleman
says he should have spurned the efforts OF Mr. Hal,
and directed him TO carry them back The evidence
shows that he the poll book until the spring
OF io49 almost year after they had been eected that
then 1t was handed 70 him. the only person interested
y s preservation; to prevent fraudulent use Of the
duplicate copy lett al kanesvie. The imputaton at.
tempted 70 Dc cast upon hun for denying the existence o
the pobook was untrue and unjust He had never de-
med The existence Of me poSook in his possession On
the contrary he had informed the contestant himself that
this poll book would be produced at the proper time
The only circumstance from which this imputatlon is
manufactured is this: When the contestant introduced
what he claimed to be sworn copy OF The duplicate copy
OF the poll-book left at Kanesvie, he (Mr IT, filed
written objections TO the introduction OF said copy, al
leging its ncompetency and insutciency and in the ar
gument OF these objections before the committee he de-
MED that the copy adduced any sufficient proof of
the original that they could moi say upon that there
mee Tor the truth Of his assertion The only denial,
even by implication, was the existence OF the duplicate
copy Of the pobook OF which the copy pupored to be
Mr. McGAUGHEY (resuming his argment maintain
ed that the explanation Of Mr.. had fully borne out
all he had uttered in this connection. He next ar
gued that the election law oil Iowa did not design 10 dis
franchise the voters in the farwesteTn portion OF that
State, who had voted little too far north, much too
far south. Of the boundaries OF the county lying
east OF them. He held thai the boundaries OF the
county lying east OF kanesve had not been at that
time. Hence their mistake The people OF that settle
ment--whgs and democrats-had made atdavs that in
n thpv fhpvx uare
lowing the requirements OF the awyoting in the coun
y directly east Of their residence He argued, too that
the voters in Boone township who voted in Dallas
Y. did under precisely similar circumstances, and
made, therefore, a like mistake.
MIR. HARRIS of Tennessee, said thatthere were very
few points involved in this casehis House having no
power to 60 beyond the simple inquiry, Which OF the
gentlemen claiming the seat upon this floor has been
additionally and legally elected the representative
from the first district in Iowa' This House has dscre-
ton beyond ihis-no power beyond the inquiry, Which
OF the parties has received majority Of the votes OF the
first congressional district legally and consttuonally
given 1t was commended by the gentleman from ndi-
ana, who has just taken his seat Mr.. McGAuGHEY, ]
that the contestant has received majority OF the legal
votes OF the districts but in stopping with this assertion
the honorable gentleman evinces disposition 10 dodge
the real issue between the parties Will the gentle
man say that the contestant received majority OF
the votes IN the district that were given in accordance
with the constitution and laws OF the Statel Until this
is shown, cannot be commended that he is constitution
ally and legally elected .
The elective franchise being political (and not natu.
laws OF the State in which it is sought TO be exercised,
must of be exercised subject 10 all the restric
tons that the constitution and laws have thrown around
IT.
We must therefore refer to the constitution and laws
OF that State to ascertain what the necessary quail
hcatons to give the right OF voting there These are,
first residence within the State OF months; and,
secondly, residence for twenty days next preceding the
election within the county where the vote is given and
il either of these qualifications is wanting, the party is
not legal voter. And though man may be a legal
voter in the first congressional district in Iowa. ii does
not follow that he is legal voter in any and every part
OF that district for the legality Of his vote is made to de-
pend upon its being offered and given in the county
where The voter lives and has lived for twenty days next
preceding the day OF the election and offered in any
other county though in the same district would be IL
legal and improper TO receive il.
BY application OF these principles to the kanesve
vote, ii will be seen at once that the vote poled there
be received and counted part of the vote OF
ached to the county OF Monroe all the territory lying
west OF said county Tor election. judicial, and revenue
purposes and to the county OF Mahaska (Which is i'm
mediaely north Of Monroe) all the territory west Of ii
for the purposes and TO each OF the other frontier
counties the territory west OF them respectively for those
purposes The commissioners Of Monroe organized an
elective precinct Kanesyille But il is clearly shown
by the proof In this case, that Kanesvle Is located six
miles north OF The northern boundary OF Monroe county
and is in the territory attached 10 Mahaska county, and
over which the commissioners of Monroe county bad no
ursdIcon and therefore their act organizing said pre-
cinct was void, the commissioners OF Mahaska county
having exclusive jurisdiction that territory; and, IL
the persons living al Kanesyie were legal voters any
where in the district was in Mahaska county, to which
they were attached, and they should have voted at
organized precinct in that county ask, sir, there
Is gentleman upen this floor, il acting Judge OF
the election in Monroe county, who would have received
the vote OF man living at kanesville, knowing that
GAINESVILLE was not within the territory attached TO
Monroe am sure, sir, there is not The voter would
have been told that "You legal voter in the district
but not in this county, you must 20 10 Mahaska county,
where you reside, before you vote The vote cannot
be received without doing violence TO the constitution
and the laws OF the State And IL gentlemen acting
Judges OF election in MonDe county would have reject.
ed the Kanesvile vote for the OF material and
cessary Qualification, "a residence within the county
where the vote is offered for twenty days next preceding
the eeciion by what rule, upon what principle, is II
that they decide IN their places here that this vote
shall be received and counted part OF the vote OF
Monroe 4 They cannot do il without overriding the
constitution and the laws OF Iowa.
These remarks may be applied with equal force and
pertneneyto the IS votes gwen for the contestant
Boone township. in Dallas county-the voters not re.
siding IN Dallas county, any territory attached there
TO, and therefore having right to vote in that county
II am right in supposng that the vote at Kanesville
and Boone township in Dallas, cannot be received aud
counted, the sitting member retains his seat by decided
maoriiy while, TO give the seat TO the contestant YOU
must decide to receive the kanesvile vole the Boone.
ownshp vote in Dallas, and reject the vote OF Boone
township, in Polk county-each OF which points,
think, too clearly in favor OF the sitting member TO
admit OF serious doubt
Mr. LEFFLER said that he was impelIed TO ad.
dress the House this case by the conviction that the
people OF lowa-of the 18th congressional district OF
that Sate-wefe IN favor OF permitting the sitting
Der to hold the seat The question issue should be
determined BY the requirements OF the constitution OF the
the United States aud OF Iowa Here Mr. L. recited the
fflufI0