Delaware State journal and statesman., 1864-05-20
The Missouri Election Case.
SPEECH OF
HON. N. b. SMITHERS.
Delivered IN The House Of Representation Nay Q,
1854, on the Contested Election Case Of
Bruce vs.. Loan

Delivered IN he House Of Representation Nay 0,
1864, on the Contested Election Case of
Bruce vs.. Loan,
Mr. SMIrHERs. Mr.. Speaker the exhaustive
argument of the gentleman from Michigan Mr..
upson has rendered ii almost unnecessary that
| should address the House upon this subject ;
aud were not a member Of the Committee OF
Elections, concnrring wholly 10 the views which
have been presented by the minority, | would
not have yentured 10 trespass upon the time OF
The House. But sincere conviction upon my
part OF the truth Of the conclusion Ut which the
minority has arrived, aud my desire, il consistent
with the evidence which is presented 10 this case,
TO secure TO the country aud to the Government
the services Of faithful and loyal legislator, and
TO the people of the seventh congressional die
trict OF Missouri Representative whom believe
to have been fairly and legitimatey chosen, in
duee me for few brief moments to examine the
testimony in the cause, and in doing 30 shall
couhne myself wholly to the record
The majority Of the committee, in the report
submitted 10 the House, aud near the conclusion
Of that report, uses this language:
It affords the committee pleasure to be able
to say that the evidence in this case nowhere dis
closes anything tending TO show that any supe-
iior oihoer VI either the State or Federal Govern
meDt manifested any other than an earnest de-
sire to secure u full expression Of the popular
will at this election, aud that such expression
should be freely given without intimidation or
moestaton. The judges, so far as appears, with
one or two exceptions, conducted the elections
with entire fairness, and there was nothing on
| the part Of civilians to warrant or Justify the
interference of the militia But the evidence
does disclose ample proof that o portion Of the
militia IN certain localities disregarded entirely
the iujunctons given them in the orders before
mentioned, and 10 many instances, in violation
Of their duty as good oitzens aud OF the COM
mands promulgated prior to the election by those
orders TO them as soldiers, assumed to determine
who should aud who should not vote, and for
whom votes should be cast, and by threats, vio-
enoe, and by various modes OF intimidation, 80
far interfered with the election as, in the opinion
of the committee to render the election null
lity."
This, then, is the issue made up between the
majority and the minority. The majority of the
committee admit that 30 far as the conduct of the
Federal Government or of the State Government
or Of any of the officers Of election is concerned
there had been entire fairness throughout the
whole proceedings. They then place the issue
on the ground that in certain localities the militia
disregarded the orders given to them, and that
the election was, on account Of that disregard of
orders, the result Of force, fraud, and violence
and was, therefore q nullity.
The true question, therefore, before the House
is not whether the contestant on the one part or
the sitting member on the other is entitled 10 the
seat-it is not q question to determine whether
the seat belongs to General Loan or to Mr..
brucei because the committee is unanimous in
the declaration that Mr. Bruce is not entitled to
the seat. The question before the House is
whether the people Of the seventh congressional
district Of Missouri are to be represented on This
hoor-whether there il such evidence of fraud
force, aud violence in the district as absolutely
nulliies the election in the whole district That,
and that alone, is the question for the House TO
determine.
In view of that question propose now to con-
slider very briefly, aud, rs hope, very frankly,
the evidence submitted to the committee and pre-
sented by the committee to this House.
The seventh congressional district of the State
OF Missouri, as has been already stated to the
House is composed of fifteen counties. These
counties are Buchanan, Andrew, Holt, Atohison,
Nodaway. Worth, Gentry, Harrison, Mercer,
drundy, Putnam, Sullivan, Livingston, Daviess,
and Dekalb. The whole vote cast in those coun
ties at this congressional election was 10, ,s03-
The vote cast in the ten counties that are really
not contested was 8, 160 votes, if my computation
be correct; and the vote cast 10 the Eve counties
in which there is q cOntest was g. 043, making to-
gether l3,903 votes cast in the district, larger
vote than was cast in any other congressional
district OF the State of Missouri, and, as my
friend from Michigan MIR. Upson1 informs me,
larger relatively than that cast 10 the various
congressional districts in the Commonwealth of
| MasBRo usettH.
Having thus reduced the question to q simple
issue, propose to confne myself almost wholly
TO consideration OF the report of the majority
OF the committee, to test its accuracy, and to cor
rect the tables that have been submitted to the
House, and to show that by no possible political
arithmetic eau General Loan be deprived of his
seat, or his majority reduced to less than thou
sand.
However, before proceeding to that, the House
will pardon me for referring to certain testimony
which has been alluded to by the gentleman from
New York, MIR. GansOn, who opened the case
on the part of the majority of the committee. He
referred to the testimony, in reference to Buchan
an county, of Samuel Ellsworth, who was sheriff
OF the county, and he relied upon it, to some ex
tent to prove the facts in reference to the Allen
House polls. In relation 10 the polls at the
court house, about which so many of the Witness
es have testified, they are not in these returns
They have been entirely thrown out, and form
no part OF the aggregate vote by virtue Of which
/ General Loan now holds his seat. shall there.
fore dismiss the court house precinct entirely
from the consideration of the case.
Now, in relation to the Allen house precinct
and to the interference OF soldiers, il becomes a
very pertinent question to know how came these
soldiers at the polls. 1t is said they were placed
there by general orders from the commanding
officer, issued by the adjuan general of the State
Of Missouri. AT whose instigation? By whose
instrumentalty Who placed theue soldiers at
the polls Let the witness, Samuel Ellsworth, a
witnesa for the contestant, answer the question
On his cross-examination this question is asked
him:
"Have you ever heard said John p Bruce say
that he requested guards Of the militia to be
placed at the different voting precincts on said
election dayY
"Answer. heard Mr.. Bruce say that he went
to General Hall and told the general that he un-
derstood that there was to be an interference
with voters at the polls that persons that were
enrolled under Order No. "a were to be excluded
from voting, and requested OF General Hall 10
have guard put at the different precincts TO
prevent any interference with the voters, and to
leave the qualification of tue voters with the
judges"
1t therefore appears by the answer of the wit.
ness OF the contestant that the contestant himself
desired an array Of military at the polls and il
there be any complaint as to the military being
placed there the contestant himself is the author
| Of the trouble.
| Now, then, let US see what Ellsworth says in
relation ~ the interference that occurred at this
precinct. Just above he teslihes as follows:
| Question. Did you hear any OF those excited
~. - 'N"N "muuvihPlaiu VI pelug pfeNenl-
ed from voting for john P. Bruce
! 4Hst0er. l cannot say that heard his name
mentioned in that crowd.
Question. Did you see any one prevented
from voting for John P. Bruce at the Allen House
| precinct ou that dayH
! " AnsWsr. did not.
:! Question Did you hear any threats used
against any person attempting to vote for John
r. Bruce at the Allen House precinct on that
day?