The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10

they done So surely one would be found TO cavi that
Their votes vnated the election Such instances, doubt
less, did occur on the occasion OF this very election.
They occurred IN of removals from State 10
anothsr-fIom one town to another Instances OF the
KIND had often occurred in presidential elections. where
The votes in different States upon different days
Such things must be left TO the regulation oil Stale laws
The States determine the qualifications OF voters in
their own limits. This House could not override nor
disregard their enaemenls. II was not improbable that
anomalies would occur-that abuses might arise Ii
would be under any system OF laws regulating tho
OF voters that ever had been or ever should
be devised
The House decide OF contested elections as
Judicial questions according 10 the provisions OF law, and
not disregard and violation OF them The constitution
made each House OF Congress Judge of its own cleo
tons, They were TO decide Judges, according law
not arbitrarily as yranis according the caprice of the
They did not. like the British Parliament in questions
affecting their privileges, hold the law in their own
breasts. They were acting court, although there
was no appeal from their judgments; but they were
aenabe to their consciences and to the public
hment OF the country. Such doctrine suggested
IN the minority report, and by some advocates of the
testant here, would make the House self creating
selfpepeuating. and all absorbing power the State II
alike abhoent 10 the will of the people, in defiance of
the terms and subyersive OF the spirit OF the constitution
The election of the sitting member was, beyond all
doubt, IN strict accordance with the terms and intent OF
the law OF New Hampshire Ii that law was consitu.
ona-if the legislature had power to enact itthen the
election was legal.
Mr. H. spoke at length in defence OF the constitution
aly Of the law, and to show that il contravened by
paramount law oil Congress-, but was In accordance
both with the constitution and with all the legislation OF
Congress upon the subject I'VE have not for this
portion of his remarks here, but shall publish them in
our revised report OF them hereafter
He highly respected the strict cOnstructiOnss of the
House, but regretted that he could not recognise as
among them the gentlemen who on this question,
government and in those of the State of New Hamp
shire. No sound argument had been made against the
power Of the Legislature to pass the apportonmen law
Gentlemen on the other side had spoken of the con-
duct and motives Of the legislature which passed the dis
ircting act Of june 1850 His colleague Mr. TucK in
especial manner had ndnged in sbored structures upon
the democrats Of New Hampshire generally, and upon
those persons who passed this law in particular.
Now, with regard TO all this matter he might be mis-
taken but it struck him that its introduction say
the least in very bad taste upon this occasion It had
nothing to do here. Ii could have effect favorable
to the side advocated by the gentleman, and needed
answer. The motives of that legislature-ther pur-
poses regards the political bearing Of their achad
nothing at all to do with the matter before the House
The House had nothing to DO with them.
Though he could not think that his colleague would
pay himself and The House the poor compliment OF
making such illusions for the purpose of exciting par
san pejudices this floor. and carrying the question
upon party grounds yet his remarks had much that
appearance II remained to be whether they would
have that effect He supposed they would not He be-
lieved that this question would be decided with
view to it's legal merits, for legal question purely
Our proceedings ought least 10 have the seeming of
proprety-regard 10 the considerations which all will
agree must alone govern this case.
know Mr. Speaker (said MI. H. } that politicians
pursuit of party ascendency and personal promotion
sometimes do strange things-thngs which will hardly
bear the light OF rigid scrutiny or stand before the fame
OF very vlrtuous Indignation.
know that strange combinations have been formed by
which political minoriies in of the States have
allied themselves with factions that promugate doctrines
and urge at not only with the peace and
harmony of the country but destructive my Judgment
OF the continued existence of our civil institutions
Advocates OF such doctrines pledged to such measures
high power, honor and emoument, much to the dis
urbance OF the public peace and the injury OF the public
welfare
know, too, that, owing to encouragement afforded by
instances OF past attempts being made
different parts Of the land to repeat these experiments
For myself, am and always have been opposed to
such movements. have denounced them all proper
occasions. wish them no manner OF successful mat
ter what party engaged IN them, whether the actors
call themselves wings or democlats
But have been slow to believe that considerations OF
this kind could determine the legal question of
bers right 10 his seat They are matters for the hus,
ingsnot for the Judicial forum. They might properly
be adduced at the polls as furnishing reasons why certain
candidates should not be elected should not deem it
proper to introduce them here, if knew that the
proposed result OF the present contest 10 give
to amovemsnt OF the same kind with those TO which
have Just referred.
Mr., WooDwARp (said Mr.. HIBBARDl had urged that,
though binding this legislation Of New Hampshire
had been unfair This was unfounded IMPRESSION
MIR H. went to show. The effect OF the act OF 1896
whether intended 10 be unfair not turned out to be 80
for il threw the whole four five thousand majority in
the four districts in the Stale into two districts, giving
about 1900 and the other about 2ooo while the OPP
position members elected IN the other two were elected by
far smaller maiortes-in Mr. TUcE's by not fifteen hun
dred and in the other by nconsidera majority He
made no charges against the legislature Of 1876 His po
cal friends believed that the law OF 1916 operated unlusty,
and in due time made farer distribution OF the districts
Suppose The legislature had made the apporonnent to
give the democrats who had five or SIX thousand
majority their fair influence IN Congress This was right
Ii was IN accordance with the custom OF the wings to
take good care that their friends always had due weight
in public councils He held that Congress had nothing
to DO with this question OF the change in The law.
His colleague had travelled 40 lar Out OF The road as to
comment upon the changes made IN other districts he
had informed the House that certain democratic town
ships had also been annexed to his own district No L.
He had employed time in earnest speculation Ms to
the way in which the people Of ,hese towns would be
disposed their votes He had gone 80 lar as 10
make remarks indirectly rejecting upon the gentleman
Gently put into nomination Ter Congress by the democratic
cow enlon in thai district
He should spend no time in replying 10 such alusIons
New Hampshire needed no deenceya his hands lie sup
posed she had no apology TO make for her position before
The country in reference to the constitution and Union,
She had occupied il long Long may she stand there,
sieadiast and firm as her eternal hills.
He would suggest TO his colleague whether, upon sooer
second thought, speech not filter for The hustngs
than for the judicial forum II il must be made at all u,
should be made before the people whose votes are de-
aligned be affected by il was not the paI OF hlgh.
mindedness and generosity TO assa the candidate oil The
yessA party has absence a. occasion when such
matter wholly foreign and impairment Let him meet
him face to face and make his charges AMI be would
answer Tor it, that that gentleman would be found 70 be,
a he had always been ready and willing to vindicate his
ca use and defend himself. 800
The debate was then further continued. in speeches
from Massrs VAN DYKE and DUER, in favor Of the
contestant and Mr. McLANE and Mr.. HARRIS, OF llli-
nois for the sitting member