The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-02-28
7HE CONTESTED ELECTlON CASE.
ya,,x LIE Grand lsylnGton ATTEMPTED 20
smuggie himself unto she House.
REMARKS OF HON, JAMES F. WILSON,

REMARKS OF HON. JAMES F. WILSON.
Mr. WILSON Mr., Speaker, it is not my
intention to detain the House long in replying
TO +he contestant in this case. shall content
myself with presenting the few facts which
are actually involved in this case for the pur-
pose of re0utting the extended argument in
Which he induced. / think I can for few
minutes dispose ef the first legal proposition
which he presented, aad which relates to the
time prescribed by law for the election of mem.
hers of Congress in the State Of Iowa.
The pentlman will not deny that every re.
oulsr election for members Of the House of
Representatives, in the State Of Iowa, since
the admission of the State into the Union, has
been held in the even numbered years. There
has not been an exception to this rule. In the
Code of 1851 ii Was provided, as the gentle.
man has stated, that members of Congress
should be elected at the general election, and
the general election was declared to be that at
which members of theGeneral Assembly should
be chosen There is no difference between the
contestant and myself, so far as the provisions
of the sold constitution" and the acts OF 1901
are concerned. aN -aH
But, sir, in 1856 the people ofIowa deter
mined to form q new constitution for the State,
and in the schedule to that constitution the
convention changed the time for the election
of members Of the General Assembly, from the
even numbered years! The two sections re-
ferring to the election Of members of the Gem
eral Assembly and Representatives in Con-
gress read as follows: R7A-
1.-The first election under this constitution
shall be held on the second Tuesday Of Octo
Der, in the year 1857, at which time the cleo.
tors of the State shall elect q Governor and
Lieutenant Governor. There shall also be
elected at such election successors,of such
State Senators as were elected at the August
election in the year 1854, and members of the
House Of Representatives who shall be elected
in accordance with the act of apportionment."
That determined that the election of mem
bers of the General Assembly should be held
in the odd numbered years. The next section
provides that s.the first election of auditor and
secretary of State, attorney general, district
judge, members of the board of education,
district attorneys, members of Congress, and
such State officers as should be elected at the
April election of 1857, Except superintendent
of public instruction, and such county officers
as were elected at the county election Of 1856,
shall be held on the second Tuesday in October,
1852 Thus, by the action of the convention
the election OF members of Congress was con-
tinued in the even numbered years. This is
in accordance with the provisions of the Code
of 1851, in reference to the election Of mem
bers Of Congress. The first session of the
General Assembly held under the new con.
stitution, provided that all elections held in
October and November should be deemed
general elect oDs, so that candidate for
Congress being elected in 1857, or 1883, or in
any other year, would be elected at '.gene-
raj election" '99 4Ai'oi-tl' $4,000 2aA =
That disposes of the gentleman's argument
in regard to the term general election" as
used in the statutes of Iowa. The object had
in view by the convention is very plain: it was,
that members Of Congl ess for the State of
Iowa should be elected at the fall elections
preceding the commencement Of their terms,
so that in no event should the State be requir.
ed to call special election to fill vacancies
should an extra session of Congress at any
time be called. ,No''' - -
Now, this provision Of the Consultation and the
act of the General Assembly which the gentle
man has read, show conciusively that TIE Octo-
Der election id 1850, at which my colleague, Mr..
Vandever, was elected, was the one prescribed
do not propose to occupy the time of tho House
any further in discussing this point. The gen
teman can fed no exception to the rule have
stated ia the history of the State He knows
that very well; and every man in the State of
Iowa knows it; and his argument is mere at
tempt to reverse what he can not deny to have
been the practice Of the State since the first
election held within its Borders
Leaving out of view torthe present the regu-
larity Of my colleagues election, let me examine
briefly the pretensioDs of the contestant to seat
in this House. Imust say that the gentleman
manifested good deal of ingenuity in presents
ing his case. He did not refer to the facts; but
con,ented himself with presenting what he con-
ceives to be the law of the case. He has dealt
fairly by the House in presenting his testimon y
that be has dealt fairly by the House in the ar
gument which he has just submitted. propose
to answer his argument by reference to facts de.
veloped by himself before the Committee Of
Elections, and on which the committee based its
report ! affirm there was no legal election for
member of Congress in the I'd Congressional
District Of Iowa, at the general election 10 1851,
at which the gentleman, claims to have been
elected. How was that election brought about?
How was his candidacy made known even to bis
own friends? bow did be deal with the people
of his district, and what notice did they have OF
the genteman's intention to be a candidates
Mr. BYINGTON. Will the gentleman permit
me to answer the question? o s4.s fg
Mr. WILSON. No, sir. I did not interrupt
the gentleman, and I shall not misrepresent him.
shall use bis own p-pers and proofs, and let the
House Judge from them what merit there ia in
bis case ! 6nd among the documents presented
by the gentleman to the COMMITTEES Of Electpns
the following letter: ass s -aat
Dgs MoINEs, Feb. 2, 1852
DEAR SIR: Your letter was received yesier-
day, and have endeavored to obtain one OF the
circulars Issued last fall by the State committee,
and to which you refer, but have not been able
to DO SO. They uere not published in the papers,
os sent Under sealed envelopes to the different cous
.s q the northern district; but, as Chairman OF
Inc Committee. will state that circular was
issued, recommending to the democracy and
conservative men Of the northern district, to
support you for Representative in Congress: and
all the tickets that were printed at our Office
lot the counties of Boone, Story, Grundy, and
Others, contained your name. l notice that no
returns appear from these counties to the State
Canvassing Board to that effect. | have in.
wired of gentlemen from these counties. and
they say that the tickets voted in those conn