The New York herald., 1869-02-28
HOUSE OF REPRESENTATIVES
wAsHIKGToN. Feb. q, 1850.

0VO06 We 06L 18S1N = AA4s8
WASHINGTON, Feb. 27, 1850.
LOUISIANA CONTESTED ELECTION CASE.
The House resumed the consideration OF the Louisi
on which Mr.. UpsoN trepI OF Mich, was entitled to
ana contested election case OF Jones rers,ls Mann,
the door. He argued against giving Mr.. Jones the
seat on the ground OF his not having received suf
ncent number Of votes. He said at this late day OF
the session he did NOT propose to take up the time
OF the House with discussing this question. He
would yield, however, TO such gentlemen as wished
to he heard on the subject. He yielded first to
the seat to Mr. Jones on the general principles OF
right and Justice He did not intend to say anything
deceased. Colonel Mann was his friend and he
would say an honorable gentleman. he had been
elected however, by the men whose hands were
red with the blood or PATRIOTS and he (Mann after
hghting the enemies OF the country had afterwards
iraternized with them. the Committee on Elections
had said that Mr.. Jones failed to make out q case
II the members OF that committee understood the
condition OF afairs at the South they would appre-
ciate the difficulties Of making out case in favor Of
loyalty.
Mr. MAyNAnD, trepl Of Tenn, hoped to be able, in
the ten minutes allowed him. to show that all the
Jones the seat he claimed The question was whether
Mr.. Jones was or was not elected In April, 1857.
Mr.. Jones was opposed here by Messrs. Hunt and
Menard, two gentlemen who also opposed each
other 1t was to their interest that Mr. Jones should
not have the seat. Mr. Maynard read from the tes-
the whole number OF votes cast In the Second Con-
gressi0na district OF Louisiana at the election In
April, 1861 was 1888, Of which Mr.. Jones received
Mr.. Cook, trep) Of ILL.,. member Of the Committee
on Election, SAID that the Judge OF elections to
Ing what the result was at the different polling
places at tie time; he says he counted the votes.
Mr. DAWES, lrepJ OF Mass, Chairman OF the Com
mittee Elections. protested against establishing
precedent, which would allow the testimony OF one
witness to set aside mans election.
After further discussion the substitute 0nered by
Mr. Blackburn, recitng that Mr. Jones ls entitled to
the seat was rejected, and the resolution reported
from the COMMITTEES on Elections setting forth that that
the Second District OF Louisiana were adopted.
Mr. UPsoN, trepl Of Mich, called up the contested
election case OF Menard usus Hunt, from the Second
district OF Louisiana.
Mr.. MAYNARD asked unanimous consent that J.
Wills Menara I'd who y "a negro gro holding the
Ing the consideration Of the case.
Mr. WOOD. tdem.) OF N. Y, and Mr.. KERR, (dem.)
Mr.. UPsON moved to suspend the rules for the pur-
pose OF allowing each OF the contestants fifteen min
es and M made
his appearance about the centre OF the republican
place In the House.
TO the fact that Mr.. Hunt had not taken the testi
mOny within the time provided by the act. He said
that II Mr.. Hunt did not know the law OF Congress
he was very poor subject to be sent to Congress.
The point was deemed q good one and caused some
amusement among members. He went on TO argue
the details OF the question In an easy, quiet good
humored style. which attracted the attention and
apparent sympathy OF the members After speak
Ing for about quarter OF an hour ne asked and OBJ
tanned leave to print the remainder OF his remarks
In the Globe. After he resumed his seat many
members approached and congratulated him In .
Mr.. MAYNARD suggested that as the action Of the
House In the case OF Mann vs. Jones showed that
there was vacancy In the district, and as the GEN.
tleman who had Just addressed the House mr.
Menard) held the certificate and had therefore q
Drinla ncfe right 10 the seat ne be sworn IN and al
lowed to hold the seat pending the litigation. He
asked unanimous consent TO OfIer motion 70 tnaL
erect
Mr. UpsoN declined to yield the floor for that pur-
Mr. CHANLER. (dem.) OF n. ", appealed to Mr. Up
son to let Mr.. MAYNARD make that motion.
the gentleman from New York would be found voting
against It.
motion made, the Speaker remarked that the gentle
man from Michigan was entitled to the door and
must be protected IN his rights.
Mr. CHANLER intimated that gentlemen on the re-
publican side were always protected by the Speaker,
while those on the democratic side were not
YORK vas NOT Ss for he had his
protected by the speaker on every occasion.
Mr.. CHANLER replied that he had appealed to the
tween members and that the republican members
had been protected and the democratic members
The sPEAKER-The remarks OF the gentleman
from New York are not respectful to the chair, nor
Mr.. CHANLER-very well, sir. I win leave that
question to be decided by the record.
Mr. UPsoN then went on to argue In support OF the
action OF the Committee on Elections. and to show
that neither Of the claimants for the seat. W.
Menard and Caleb 8. Hunt-was entitled to the
He was questioned by Messrs. ScHEScK, GAR
FIELD and PAINE, TO show that Mr.. Menard had the
same prtTaa Jdcie right to the seat, holding the
certificate OF the Governor. that every other Repre-
sentative had.
Mr.. UPsoN argued that they had got past the
primd Jacie case, and there were no merits In It.
Mr.. GARFIELD. lrep.) OF Ohio, inquired whether
the gentleman meant 10 say that this an
election case In which there was no prirna Jdcfe
Mr.. UPsoN suggested that perhaps the gentleman
did not understand what prifaa ficie meant and he
gave him the Interpretation Of II by a a Vermont
Mr.. PAINE, rep.) OF Wis. asked Mr.. Upson to
yield for resolution declaring J. w. Menard's right
70 the seat pending the consideration OF the case.
Mr. UPsoN declined TO yield for that purpose, and
continued to state the reasons sustaining the report
Mr. KERR. OF the minority OF the Committee on
Elections argued that Mr.. Hunt had an unquestion-
wnelming majority OF the votes cass at the election.
Mr.. POLAND. (rep.) OF Vt. offered as substitute
for the report and resolution OF the COMMITTEES on
Elections resolution recommittng the case TO the
Committee on Elections, with instructions 10 take
testimony as the validity OF the election, &C. He
at pe e
luton for the purpose OF dsposing OF the case and
saving the House from falling into the dilemma OF
making an unfair and unsound precedent.
Mr.. PAINE moved 10 amend the resolution by a
provision admitting Mr.. Menard to his seat pending
the consideration OF the question.
The previous question having been seconded and
the main question ordered, and Mr.. Upson having
an hour TO close the debate, he yielded ten MI
Mf. sariLABARGER, trepJ Of Ohio who alluded
to tine novelty OF the case as being the first where
one or the down-trodden race came and asked to
take his seat among the lawmakers OF the republic
which had been SO long his oppressor. IL was with
the most profound regret that he could not feel It
to be his duty, a. It would have been his extreme
pleasure to vote TO give the seatto one Of
OF his fellow countrymen. He knew that tnat wAs
the inclination OF hs own heart and that That was
actuating also large proportion OF his fellow mem.
bers and he therefore regretted that In this first and
signal instance. and TO be On historical one, when
one OF that race claimed 70 take his place among
those who were to control the republic he could not
vote for IT, nor could ne even vote for the resolution
OF his friend from Wisconsin Mr. Paine TO let TINS
gentleman have Ms seat on account OF his primo
Jdcfe right to IT, because II the House were TO recog
nize that right then the persons who would come 70
the next Congress claiming TO be representatives
from Louisiana would be entitled 30 be enrolled ny
the clerk. lie trusted the clerk would not enrol
them because il was matter OF public notoriey, OF
which the House was bound 70 take notice tnat tne
election there was a monstrous, cruel, ploouy in-