The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1865-01-27

cOrdIng to the certificate signed by a majority
OF the return judges are certified TO be elected
members of this House" The resolution Of
the gentleman from Warren Mr.. BrovVn) takes
for granted the whole question in controversy.
We cannot determine the majority of the votes.
Mr.. SHARPE. (Dem.) [ do not propose Mr..
Clerk, to discuss the merits of this question.
1t appears to nie that the question as to which
Of the gentlemen legally elected to repre-
sent the district comprising the counties Of
Bedford, Somerset and Fulton Is, not properly
before the House. The simple question to be
decided by the House is which of these gentle
men present to this House p,lnsa face evidence
OF election.
The resolution as originally introduced by
the gentleman from Warran instructs the Clerks
of TIL, House to pnt upon the roll the names
Of The gentlemen who appear, by the papers in
their possession, 10 have receiv ed The highest
number Of votes. That resolution, in my APP
preheasion, does not meot the difficulty IN this
case because he can easily ascertain who has
the highest number Of votes from the pa9ers
that are legally certified as to the number of
votes cast IN that district. Now, there are two
papers presented to the Clerk, one. Of which is
sent by one or the return judges, the other by
there any gentleman upon either side of the
chamber who will pretend 10 ssert that The re-
turn sent by the minority is any return at all /?
They know 1t to be true that y report returned
by a minority of return judges is no report at
all. If that be the character of one OF the
papers that Is in possession OF the Clerk, and
if that paper Is not Illegal, how Is it 10 be as
certained by the papers III the possession OF the
Clerk which OF these gentlem5 have received
the highest number OF votes? The ony proper
legal evidence in the possession of the Clerk as
TO the result Of the election il, this district, is
the paper sent by the majority 1T Is the only
paper properly IN the possession of the Clerk
1t is the only paper that law looks at, and there
fore the only paper that this House can look at.
The Attorney General Of thjs Commonwealth
decided tic other day, lhat the action of the
minority of the return Judges, where two or
more counties are COMPRISED IN the same dis
trict, constitutes the proper legal evidence as
to the result of the election In that district and
that the report OF the minority Is no evidence
ut all as to anything that appears on the face
Of the paper Then the resolution Of the gem
tleman from Warren is case OF petitao pla,c7DU
in this case, because the paper that be desir-
es the Clerk TO base his judgment upon in this
case is paper having no legal existence at all,
for the Clerk Is 10 make up his return as to
which of the gentlemen have majority of votes,
and he is 10 oe informed on 1his point only by
the paper in his possession from the majority
of return Judges in that district Then, sir,
thak that ;ha resolution introduced by The gen.
temqa from Cambria is the only proper resolu-
ton that will meet this case. 1t is not a reso-
luton that looks into the merits of tins contro-
versy az al, but IA resolution which coutemplates
! what has been done in eases similar TO this, in
/ putting or the roll the names Of those who came
! here with py7Dla jaclg evidence. j he resolution
Of tie gentleman from Warren looks behind
! the legal certificate, and think no gentleman
/ in this body will stutify himself by saying that
/ the certificate signed by the minority of Judges
/ is the legal certificate That resolution attempts
to decide this question upon that which it pre-
sumes to be the merits Of the case, IN oyposi-
tion to the Constitution Of this Commonwealth,
which declares that the question can only be
inquired into by committee appointed by this
body
shall vote for the resolution Of the gentle
mar from Cambria because 1t is in accordance
with similar case and with the Constitution
an i avs of the Commonwealth
NJ. MCCLURE. (Ab.l Mr.. Clerk, we ala about
to est abb 'sI most important precedent and
it became< IA TO do So with due deiberat on,
becaus., | / siieve there has never been befo re
this Hous Il case that is in all respects similar,
or even ap DroXImatng TO this case in its most
important features 1t has been held, sir, by
our judicial tribunals, that several returns con-
stitute but one retarn. There are, therefore,
no papers (as this resolution seems to asserD
before the House or before the Clerk. There
is simply a return made by the return judges
of this legislative district. 1t true the Judges
do not agree in this return, but nevertheless,
/ the papers before us all constitute one return,
and upon that return tie House must judge
! who shall p1fuQa taeie be Sworn in as members.
+ Now. sir, I desire to look at the question a
moment, because we are about 80 determine a
precedent which shall hereafter operate alike
upon all parties. The power 20 arrest frauds
in the retorns must lodge somewhere. The
gentleman from Cambria MIR. PERsHINGl de-
clares against the right of the clerk to assume
that he shall Judge or exercise any power i'll
/ fixing the rolls Of this House. Therefore, If
, return judges violate their oaths and the laws,
and certify men as elected who are not elected
as has been done IN this case by the ma ajority
of these judges as the return upon its face shows
then, according to the doctrine of the gentle
man from Cambria. there is 20 recourse what
ever. This House has no power except through
It's clerk and therefore Vt must accept this fraud
and take al. the consequences. [ beg to call
the attention Of the gentleman from Cambria
(2Lr PERsHINGl to the fact that he is here as
suming most perilous ground. H there is no
power in this House to GUARD against such frauds
Of return judges, We simply opon wide the doors
and invite every return judge in the State, who
snail he venal or corrupt, to thrust members
into this House regardless Of the votes OF the
people.
T grant, sir, that there is danger in lods-