True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-06-09


which the case admits Of can be dispen,
sed with. That is the point ] make. !
say it, and ! say it without the least fear
Of contradiction, that the poll-books certi.
fled to by the officers of election, in which
are written the name of every voter who
cast his vote at that election, are the best
evidence which the nature OF the case
admits OF, and were accessible 10 the con-
testsnt. Surely this written evidence
would be more satisfactory that the dec
larations Of any man or set ofnen can be,
who stood by the polls and saw, or thot
they saw, one or FIVE hundred men cast
their votes. There was no difficulty in
procuring This written proof in order 10
lay the foundation for the other proofs as
10 the qualifications Of the electors. That
written proof is not furnished For what
purpose is it omitted! What excuse can
be given for not making il! Does not
every man know that the testimony Of the
legal l-custodians of these poll.books could
have been taken, that they could have
been compelled to testify and set out
every name that is therein recorded or
written! Every man understands that
They could have been compelled 10 set
out as a part oftheir deposilions full copies
of the poll-books, and thereby show the
name of every single elector returned by
the officers of that election as having
voted at any poll within that district
Every man knows that, but it has not
been done.
Again, ask, why was it not done =
The burden of proof is upon the contest
ant; and it was his duty TO furnish the
best evidence-the written evidence. -
Heresay estimony is introduced, instead
of the written proof, for the purpose of
showing that sundry minors uoted at that
election. What is the effect of that here
say testimony, alter we have got i'll
The House might as well not have been
detained or troubled with it at all. What
is the result of it! Simply that three
minors voted for Mr.. Campbell and four
~ for the contestant! The strongest
view that can be taken of this case for
the contestant is the view expressed by
the gentleman from Mississippi, Mr.. La
MAR. The gentleman from Mississippi.
and three of his associates upon the COM
mi.tee, have come to the conclusion that
the contestant has the better claim to the
seat, upon the hearsay testimony in the
case. They state, in their published
views of the case, that they find in this
proof, tha. of minors, three voted for Mr..
Campbell, and four for Mr., Vallandigham.
That does not reduce Mr.. Campbelps
majority, but increases it one vote! Why
then, did the contestant trouble the House
with proof on that point? If you take
three from the nineteen majority reported
for Mr.. Campbell, and four from the vote
for Mr.. Vallandigham, it will increase
the majority of Mr.. Campbell to twenty !;
80 that, instead of making ont case
against the record and certificate of elec-
ton, it makes a case in favor of the rec
ord and certificate So much for that
point.
The next point made by the contestant,
and to support which, he produces his
heresay proof, is that persons of unsohnd
mind, who are disqualified by law, voted at
that election. His heresay proof results
in this: that three persons of unsound
mind voted on each side. The result is
not changed; Notwithstanding that proof,
my colleagues majority is still twenty.
So much for that proof! The next point
raised, land l cannot see what earthly OBJ
ject he had in view in getting up proofs
of this kind unless il was TO mislead some
body,) is tha, aliens, who were disquali-
fed by the laws of Ohio, voted at that
election In my judgment, and will
stale it here, in passing, no State has the
right to confer the elective franchise for
in the most numerous Sranch of the State
Legislatm e,much less for Representatives
in Congress, d?on ALIENS, for the reason
that the exercise of any such authority by
the State, or by any State Legislature is
in direct conflict with the laws Of The
United States regulating the naturaliza-
ton of aliens and their admission to citi-
zenship, anywhere within the United
States. Under, and by virtue of the
Constitution of the United States, the
elective franchise is the guaranteed and
exclusive right Of the citizen; and State
Constitution, or State law, which confer;
that franchise upon ALIENS, is in conflict
with that provision Of the constitution o
the United States which says that, ,hit
"Constitution, and the laws made in pur
suance thereof shall be the supreme LAW
of the land, the constitution and laws o.
ANY State to the contrary notwithstand
ing" A compliance with the naturaliza
tion laws of the United States, is, in my
Judgment, indispensable to the legal en-
lranchisement Of aliens in any State of th'
Union
hold. therefore, that the aliens VIII,
voted at this election were disqualified
irrespective of any State law Gf any hat
existeD on the subject. Blu. what doe
the contestant make by his proof tha
aliens voted! By his helessy proof i
turns out that three aliens voted 70
Campbell, and three for ValIandigham.-
Alter passing through with the proof
about minors, after passing through wit
the proofs about aliens, after passing lhrc
with the proofs of persons OF unsoun
mind, we are just where we started ex
cept, if anything is 10 be done, that on
/ vote is to be counted additional in fave
Of the sitting member.
Mr. Hill wish to ask the genllema
! a question 1t seems to me, from wht
3 l can learn, that there is discriminate
H. L Al 4 A. ~ .