Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1871-03-09

N. %. WALLACE, ]
Speech of Hon. M. g. Kerr,

Speech of Hon. M. g. Kerr,
yrr OF INDIANA,
In the q. S. House of Representatives, Feb
IA, 1871, on the Sheafe ,Tillman
Sac "a. contested seat.
Mr.. SPEAKER; BY request of
the contestant in this case, and a.
gainst my own judgment, l will
proceed to state briefly the case
in his behalf, my colleague on the
Committee of Elections from Ala
bama, Mr.. Dox, ] who is a mem
Der of the subcommittee to whom
this case was referred, being to-
day unable to be here and attend
toit himself. In what / shall say I
present the views of my colleague,
and will also represent my own
convictions, formed after a careful
examination of. the case upon the
evidence and the pleading of the
parties. ,, z-r-a ~ ....s,r7g
In this case most of the grounds
of argument set forth in the plead
ings of the parties are conceded by
the majority of the subcommittee
in favor of the positions of law
assumed by the contestant. The
case IN their report is made to
.turnnpen a few rulings quite out
side of the pleadings, except on
one or two points. 1t. is agreed
that the contestant received ma
ijority of votes cast of ! ,156, and
both sides of the committee con-
cur in regarding the action of the
Governor of Tennessee, (W. G,
-BRowNnoW,1 } in throwing Iopt the
entire vote of Lincoln county, the
votes of districts numbered l, 8, Z,
and 10 OF Coffee county, the votes
of districts numbered ], 4, Z, 13,
and l5in the county of Marshall,
and certain districts in the county
of Franklin, whereby contestant lo-
ses ] 900 votes, and contestee .102
votes, as an unlawful and arbitrary.
exercise of executive power.
l desireythen; Preliminarily to.
say that in my Judgment the e.
lection laws Of Tennessee, under
which this election was held, are
extremely cruel, unfair,
anti republican, and positively in,
decent 10 their proscriptive regu-
lations against Democrats, and in
their partisan regulations in favor
of Republicans !, and l do sincere
ly believe that any fair, judicial,
mind that will take
these laws aud carefullyread them
over will be compelled to conclude
that they were enacted in order
to secure the election of Republi-
can officers in all cases and to de-
feat the election of Democrats in
any cases. And in full keeping
with the character and intention
of these laws was the conduct of
the Governor of Tennessee in ref
erence to this particular case. II
he had received the returns as
they were made to him by the
legal officers, and had given them
credit, as it was his duty to do.
in the precise terms of the law of
Tennessee, harsh as it is, he would
have issued the credentials of
election to Mr.. Sheafe, the contes-
tant, Instead of giving them to
Mr.. Tillman, and Mr.. Sheafe
would therefore during all this
time have been occupying a seat
upon this floor, as he was In law
and in fact entitled to do; but, in
defiance of facts and of law, the
Governor of Tennessee awarded
the certificate and credentials to
Mr.. Tillman, the sittirg member,
and be has been ever since occu-
pying that seat, and Mr.. Sheafe
has been dancing attendance upon
the House awaiting the determi-
nation of the case on its merits.
/ make no reflection upon the ac-
'tion Of my colleagues upon the
committee who have had charge
of this case, and that / desire my
friend from MASSACHUSETTS Mr..
Brooksp lwill9 distinctly under
stand but | must frankly express
my, own opinions as to the charac-
ter of the case itself, and my alb
.horrence Of many Of its incidents.
In. many points the ease is by
no means original or peculiar. 1t
suggests d many reflections upon
the general and offensive policy
which for several years has con
trolled and shaped the conduct
of public affairs in the States of
the South (; and i do no injnstice
when l say that the natural fruit
of that policy, together with the
concurring action of the majority
in this House, has given seats upor
this floor in npast Congresses and il
this TO many gentlemen whom thu