The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-01-25
Exit Duncan---Enter M'Con-
aughy!

ASAJs
The contested election case from the
Franklin Senatorial district, with Calvin
M. Duncan, Democrat, as the sitting mem.
Der, and David M'Conaughy, Republican,
contestant fo- the seat, has just come TO a
close by the defeat of the former and the
triumph of the latter. The report of the
select committee to whom was referred
.he arbitrament of the question, gives SO
clear view of what was at issue between
the parties, that we subjoin it entire. 1t
will be observed that the Committee rec
ognize the act of Congress disfranchising
deserters from the military service as
Ualsd and binding:- ersos 8ged tHs
e.The select committee of the Senate to
try the matter of the petition of che elec-
tors of the Nineteenth Senatorial district,
composed of the counties of Adams and
Franklin, complaining of an undue cleo
tion and false returnof Calvin M. Duncan,
as Senator elect from said district, report
"That upon the return of said election,
Calvin M. Duncan appeared to have re-
ceived, in said Senatorial district composed
of the counties of Adams and Franklin,
six thousand one hundred and eighty
eight (6,l8S)votes, and David Neon
aughy six thousand one hundred and
sixty-three 6,163) and the said Calvin
M. Duncan was certified to be elected by
majority Cf twenty-five votes. That
upon the hearing of complainants and
recT,0Ddopf uorr 10 fnl ov,J
report that of the votes received, counted
and returned for the said Calvin NJ. Dun
can, ninety-three votes, as claimed by
petitioners and admitted by respondents in
the pleadings, were cast by deserters from
the military service of the United States !;
and we find that under and by operation
of the act of the Congress Of the United
States, approved the third day of March,
A. D. 1865, entitled An act to amend the
several acts heretofore passed to provide.
for the enrolling and calling out of the.
National forces, and for other purposes,
the said dcserters so having cast said
votes as aforesaid, for said Calvin NJ.
Duncan, were to be deemed and taken to
/ have voluntarily reliuquished and forfeit
ed their rights of citizenship, and were
not therefore qualified electors of said
Senatorial district or of this Common
wealth. Your committee, regarding said
act as valid, and knowing no right or
power in them to question it, have found
the said ninety-three votes so cast as
aforesaid, by said deserters, and returned
for said Calvin NJ. Duncan, to De Illegal
votes, and have therefore deducted the
same from the said six thousand ore
hundred and eighty-eight votes returned
for the said Calvin VI. Duncan, and have
ascertained and do report the whole num-
Der of legal votes cast and returned for
the said Calvin NJ Duncan to be SIX
thousand and ninety-fye {6,095); and
having deducted the said illegal votes cast
and returned for the said Calvin NJ Dun
can from six thousand one hundred and
sixty-three votes C, 1857, being the whole
number of legal votes cast and returned
for the said David M'Conaughy, do fud
and report the said David M'Conaughy to
have received an actual majority Of sixty
eight C68) of the whole number of legal
votes east and returned; and your com
nittee do therefore decide and report that
the said David M'Copaughy had . the
greatest number of legal votes, aud ought
to be admitted to the contested seat as
Senator elect from the Nineteenth Sena-
torial district 2s
"W. WoRTaINGToN,
s. "T. j. BIGHAM, -.a
2" -.Hi 77a "JAMEs l.. GRAHAM,
'- ri4 GEORGE LANDoN,
i'i. 81. ID. SHOEMAKER,
i "M. B. LOWRY 5f-5
The repor. was adopted, and Mr.. NJ
Conaughy duly sworn in as member of
the Senate