Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-01-05


Before the Committee OF Elections OF
the House of Representatives III the
Contested Election I'D tae 18th Con
gressionaI District Of PENNSYLVANIA.
Dec. 18th, 1865.
Mr. Chairman and Gentlemen Of the
Committee: ! regret very much that other
duties haye engaged my attention 20 com
pletely for the last few days, thgt have
not been able to prepare an arguniett iaithls
case. Allow me to make the further pre-
liminary remark, that, il | appear to be
somewhat Jealous and perhaps little warm
in the progress of this discussion you must
attribute ii TO the fact that we in our dis
trict feel this case pretty deeply | reside
in the district We regard it there as an
effort, unscrupulous in its character and in
utter disregard of the rlainest and best un-
derstood provisions OF the laws of PeLnsyl-
vania, to defeat the clearly and fairly ex
pressed will Of the minority OF the people
Of that district Perhaps you will all un-
dcrstaud that there is nothing in this c0un-
try, SO much calculated TO create bitterness
and produce hostility aud diversity oi opln-
ion.
My first proposition, to come 70 the mer-
its of the case is this am not going to
attempt definition of what is termed
prima face case nor Of what are TO be IN
derstood as the terms OF the resolution OF
the House referring this matter TO this Conn
lnittee | may differ with the chairman
aud with the different members OF the Com
mittce, and perhaps Its members may differ
with each other as to the abstract definition
Of the term, The Committee will under
stand well enough what | mean by a prIma
tacie case before nay argament IS done. Ny
6rst proposition, | say, Is that We have LAID
before you a paper signed by five return
judges representing the five counties embra-
ced In the 10Th Congressional District GER
titriU9 to all the votes cast on the2d Tuesday
OF October ter men Der OF Congress IN that
/ District Upon ttiat return my client APP
pears to be- legal. elected ! may add in
/ regard to shat certificate that up tothis hour
| it never has been alleged by anybody ,ha. It
contains single Illegal vote. not one, and j
/ defy contradiction upon this point. Ptlma
+ iace then. that r,i6cate ought 10 give hlm
/ the seat.
! Nj. Cotfroth presents certificate signed
! 10y four gentlemen Que OF the four being
/ one of our iiye-a certificate which upon
4 its face ia shown lg the authority on which
/ the gentleman ret"a to De absolutely no Ger
I titicaie 1T ala certificate which IN It's own
+ language docs not Purport to give all the
votes for member of Congress M that dis
/ trict 1t simply states that from the votes
ed y y. -...3Is,a '-S.th r.es
/ votes OF the counties of Aduus Frauklin.
/ Fulton and Bedford minus three hundred
and seventy legal votes eiye,l hp soldiers
] duly qualified IN the army ut the United
/ STATES udmlnus the enire vote Of The coun-
/ ty of Somerset That is all the Taper produ-
ced by Mr. Coffroth purports or pretends TO
( represent before you. Just at tHi. pointwhat
does Attorney General Meredith say in re-
gard to this paper. In his opinion, int.odu-
ced here by the other side. in Speaking OF
Gen. Coftroth certificate Mr. Meredith uses
lhIs language: 1.-The act of $50 provides
that the judges shall make returns Of all the
votes given for such Office in said district. and
uiihe name OF tile person or persons elected,
ana further provides that it shall be the duty
OF the Governor on the receipt of the returns
Of the election as aforesaid, 10 declare by
proclamation the names Of the persons so re-
returned as elected in the respective district:
that IS TO say, returned as elected in a return
whlch also puIports to return QH the votes
given for the Office in the district The pa
per IN question does not purpolt to return ell
the votes given for the Office in the district
IL shows on It's face that the vote ofone c0un-
~ IN the district was not counted and there
fore that the judges had not before them the
means OF knowing who was elected and in
deed the return substantially is, that Mr. Cof
moth had a majority 'Of all the votes ca 70 as
counted before the board Chat is TO say, of
the votes in four out of five counties which
composed the district, and therefore is duly
elected. THIS return is so essentially defec-
tive that conceive it to be no return at all,
and am Of opinion that The Governor ought
not to base his proclamation on it as re-
turn.
II regretted to observe on the argument
that 1t was stated by the counsel of Mr.
hooniz, that all the Illegally, irregularity aud
confusion which have attended the returns
from this district, arose from the action Of a
majority OF the judges OF election in Adams,
Bedford, and perhaps one other county, in il
legally throwing out parts Of what are called
the soldier votes. Their duty is clearly de-
fined by law to be to cause the clerks to make
out fair statement of all the votes which
shall have been given at the election.
80 usurp the power of throwing out, at
their discretion, any votes so given, is to com
NIT wilful and grievOus offence, for which,
if found guilty by a jury, they can be ade
quately punished. Inconvenience from their /
Illegal course can also be avoided, rs the
House of Representatives has full Jurisdiction /.
over the election and returns, and may apply /
a summary remedy if the alleged state Of
facts should be properly substantated.
Now Gentlemen this is the FIRST PROPOSE 4
ton We present you paper, puriortiHa
to contain, and actually containing fair and /
full return Of all the votes cast in every
county in the district, and containing moth
ing more as a prlna iacie case. / viii offer
you in support OF it the very authority
which the gentleman himself produces
Hr. Faiier.-Wc present it as authority
50 far as the facts are concerned, We do not
offer il as law.
III CtSs.at neither do l. In some par
ticulars think it is good law, aud you pre-
sent it as law, / imagine, as | do, Just 50 far
ls it suits you.
Ii you arc then gentlemen TO receive the
definition Of prlma iacie which M opponent
desires you 90 adopt, we present you paper
emitting my client to the seat and which
'an only be overturned BY proof to be addu-
;ed from the Other SIDE On this point |
desire TO refer the Committee to some au-
hoIities.
L. 5. pieeSts, Vol 3, p. T.
Where one acts under colorable title
20 an o!Hcc, his title can only be examined
before the SupreIac Cnurt, and that initie-
lateIy 4lckim Somcrs | Penn @q7.
4 mere ministerial officer has 30 right
% decide On the aets OF au officer dc jacio,
yha comes into Office Jt color 81 title. Grad
ud.v tbem to be nul' People rs. Gol
ms johnson, $40
The acts of an officer de ti,t0, WHO
.outes in,o Office by color Of title, are valid,
IS If concerns che public and third persons,