The Van Buren press., 1871-04-04
Election Contest-Third District Of Ar.
kansas.

Response Of Hon John Ed'cards 10 the
Memorial Of Hon. Thomas Bofes, Con
festani, for Seat IN The Forty second
coaqress from. the Third Congressional
District Of ArkansaS.
The respondent, answering the allega-
tons of the memoriaist in his memorial
contained, admits that on the eighth day
of November, A ID. 1870, an election was
held in the State Of Arkansas for mem
bers of ;he Fcrty- second Congress ofthe
! United States, and that the Hon Thomas
Boles and himself were candidates for
election in the Third Congressional Dis
ret in that State That while be con.
siders and treats the charge that his poll
tiles wereuknown,as frivolous and void,
he cha yes the fact to be that his poll
| ties are, AMI always have been well
known aud that he was Speaker of tie
Republican House Of Representatives of
! the State Of Iowa when the war of the
| rebellion broke out that lie nj once en-
tered the military service Of the United
States and served during the war, reach.
| ing Fort Smith, Arkansas, with his
| brigade. in the fall OF 1868. after much
resistance, and lighting with troops that
had been conscripted and organized by
the memoriahst under the authority Of
the so called Confederate States to resist
and overpower the authority Of the Uni
ted States that there has been no change
i, the political views OF the respondent,
except such as the new order of things
induced, and that he has all the time ia
vored universal suffrage. general amnes.
" and revenue tariff rs vital To the or
der and prosperity OF the section Of coun-
try where he resides.
The respondent denies that memorial.
ist, Hon. Thomas Boles, was at said elec-
ton elected by two thousand one hundred
and thirty three votes. or by any major
ity. or any vote legally cast at said cleo
tion; and charges the fact to be that he,
this respondent, was, at said election,
elected To- represent said district in the
Forty. y.second Congress, ly a large ma
jority Of all the legal votes cast, to wit,
a majority Of one thousand votes, which
he will establish by testimony il req rrcd.
The respondent say that lie has no
knowledge or information sufficient to
form belief as to the allegation in said
memorial that the Secretary OF State gave
the memorialst an abstract of the votes
cast at said elections as returned to the
Office Of said Secretary, but he charges
the fact to be, that a large number OF H.
legal, false, and fraudulent returns of
votes, purp ,r.ing to have been east at
said election, had been returned to the
stract of said returns so furnished would
include the said false aud fraudulent and
illegal returns as well as the legal and
genuine, and would in no wise exhibit tho
condition of the legal vote cast at said
election and that among other illegal.
false and fraudulent returns that would
have been included in such an abstract
were the illegal returns from the County
memorialist in that county of two thoa.
sand one hundred and thirty three votes,
which returns were false and fraudulent
and illegal, ana have been so declared by
the supreme judicial tribunal of the State,
which judgment and decision, sustained
as far as act on has been had by the leg
islalivc department Of the State Govern
ment, is of full force and binding effect
upon the executive department, and said
returns could not have been included in
any credentials given hy the governor
without utter violation of his oath Of Of.
flee, and violation of law by one elected
to execute the law and respondent al
leges that of all the votes legally cast at
said election in said County of Pulaski
he had majority of Gf,y two votes, as
shown AMI certified by the Governor Of
said State in his said credentials.
And respondent ALLEGES that his Gre
denlials, signed by the Governor Of Ar
kansas, and under the great seal of t @
State. and now in charge of the fIou'c
of Representatives, cntltle him to he
sworn in as q member from the said Third
district OF Arkansas; and he denies that
the said Governor was under any i'm
peachmcnt or disability whatever at the
date of said credential and offers to pro-
duce to the House credentials Of later
date, and subsequent to the date on which
the House Of Representatives of the
Legislature Of Arkansas determined snd
decided that there were no grounds or
charges upon which proceedings for i'm
peachment against said Governor could
he based. to the end that al! questions in
regard to the legal force and effect ofhis
credentials may be removed, claiming
and insisting that tho time when creden
tials arc issued is immaterial in law, and
the statute relating thereto directory
simply. and at the same time pleading the
precedeuts and established custom Of the
House. which has this session received
the credentials of his two colleagues from
Arkansas, although dated long after the
time fixed ty law.
Respondent further shows that an alb
stract of the pretended returns and so.
called returns from said Congressional
District Of Arkansas, at the Office ofSoc-
retary of State, on the 10th day Of Jan
uary, A u. 1871, would have included
the following illegal, false and fraudulent
returns and pretended votes rs cast for
the mcmorialst at said election, viz
In the County Of Clark 800
In the County of Montgomery 100
In the County of Pulaski 2,l52
In the County OF Pope 100
In the County of Sebastian 25O
In the County OF lell 00
Making an aggregate Of Illegal and