The Washington union., 1858-02-17

doubt about the general power of the House to
proceed and investigate in contested election the only
question 10 its expectancy by the constitution
the House was made Judge of the qualifications and
election of its members but they now had general law
upon the subject in order To furnish additional adsan
tges for the taking of testimony and that law wss iu
W applicable the present He contcndcd that, by
granting the PRAYER the memorialist they would be
setting dangerous precedent. On account oi the ess
ness of proving the existence OF fraud and violence at
this election the contestant should act IN accordance
with the law Of 1851 and take the testimony himself
Mr. PHILLIPS of Pennsylvania, opposed the resolu
ton of the majority The minority had come to the
which they had presented with some regret and
nothing but conviction that sense Of duty required it,
IL was an important case as regarded the setting pre-
cedent Ii might affect one party to-day, and another
tomorrow He contended that the House should take
testimony in this ITSELF denying that there
in the law of 1851 in law to prevent either
the House the Senate from nqhrng into the election
qualifications of its members In conclusion. he moved
to substitute the resolution of the minority for that OF the
majority.
Mr. MAYNARD, of Tennessee, said that this question
might be discussed in waysupon individual consid
eratons by which wished to arrogate to himself
the honor on emoluments of the place, upon higher
groundsthe principles affecting the rights interests
feelings Of large body of constituents So far as the
present concerned, from the papers which they
had before them it belonged to the former class 1t did
in its present aspect ask them to oust the sitting
member but sought to attain that object indirectly by
getting the matter again referred to the fourth congress
sona district of Maryland when the contestant hoped
upon be returned there in place of the sit
ting member. lie argued at considerable length that
the law of 1851 should be applied to this
MIR, HATCH, of New York, said this was question
which concerned his constituents for twas whetheror not
they be deprived of their civil and religious rights
by secret organization and disorder and fraud at the
polls He argued at considerable length in favor OF the
adoption of the report of the minority contendng that
the contestant had right to call upon the House to take
the testimony IN this case
Mr. WILSON of Indiana, conceded with the views Of
Mr. BoyoE He objected that any gentleman in the
House should furnish additional than the
rist himself had furnished in regard the termination
of this case and he asked each member of the House to
look to the reasons which the contestant himself had
placed before the committee to determine tho question
without reference the political opinions of either He
alluded to the fact that Mr. Whyte who is contestng the
seat Of Mr. HARRIS proceeding quietly in the taking
of testimony in his case and contended that that should
of itself induce the House to reject the prayer of the
testant
Mr. BOWIE, OF Mary land followed, and under
stood to advocate the adoption Of the minority report
He argued that the law of 1851 totally defective,
both regards the obligations of witnesses and the d
ties of the Judges in executing it
Mr. WASIiBURN, of Maine, next addressed the House.
He thought that the law of 1851 covered this case and
that any citizen dissatisfied with the result of that cleo
ton might his notices and proceed to take tei
mony He saw why the contestant should not
take the testimony, and the objection that it would IN
yolve him in EXPENSE not good because he the
party who should bear it He did not any reason
why they should go outside OF the law In conclusion,
| he demanded the previous question.
The question taken, and the previous question
seconded-ayes 90, noes So.
House adjourn which motion not agreed to ayes
"a, so,
The main question then ordered; and,
On motion of Mr. BOCOCK, of Virginia lat five min
utes past four o'clock p. M the House adjourned