The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1880-07-14
THE RIGHr0F REPRESENTATION.
VlDAL1A, La,
June 20, $780,

communication of the Hon. j. F
Hathaway in the Alexandria DEMO
Graf, reproduced in the New Orlean.
Democrat of June %.
do not recollect to have ever en-
joyed the pleasure of the acquaint
ance Of the Hon. ]. F. Hathaway
and, regretting as l do the unhapp,
disse o,s which have arisen in the
Democratic party, would gladly re
main silent as | have done hereto
fore, and leave him to render to his
constituents in his own way an &C
count of the manner in which lie has
discharged his duties as member OF
the House of Representatives; but
caunot, in justice TO the members OF
the judiciary Committee or to my
self, permit the inference, from the
language of his communication, tina,
the honorable gentleman was ever,
at any time, seeking to do violence
to his conscience and to cast a parti
san vote, 10 order to seat me in the
House Of Representatives,.
l ito not even know how he voted
on the motion TO suspend the rules,
in order to take up the report of the
Judiciary Committee in the Concor
dia Cease" and much less do | know
the motive by which lie was actu-
ate', an' il III, vote and his motion
had been questioned BY his constit
ncnts, would gladly contribute any
thing IN my power to his justifca-
ion; but when be says, as lie does,
III is true they can 60 hack to the
lays Of Radical rule in louisiana,
AMI find many precedcuts that would
have jnstifi,a them in seating Col
J o'ing, hut / deemed it impoli,ic Il.
the ,im:'." | feel constrained to enter
protest against such justification
at my expense, anh 10 set the ho:.nr.
able gentleman right as to the
record.
immediately after he adoption Of
i''e report Of he Committee on Flee
Ions AMI @ sal1lications, declaring
Da'id lunu.'s ineligihiiity TO the
eat claimed hy him as Member for
he Parish Of Cnncorlia, Mr.. Gibson.
%! Maii. on Parish, offered the reso.
:ution declaring me, as The candidate
who had received the next highest
number of vot> s. entitled To the scat,
and as the question was purely one
of law, the resolution, with his con-
sent, was referred to the Committee
on the Judiciary. After very
thorough investigation that commit
tee reported unanimously awarding
me the seat.
TO do this it was altogether I'M
necessary to seek for precedents un-
der Radical rule, since we were sus.
tal-ed by Mr.. Justice Blackstone,
1T is plf in that if an elector knows
as fact that the candidate for whom
lie is about TO vote is disqualified,
and yet persists in voting for him,
the electors vote is utterly thrown
away, as if he bad voted for dead
person or for the man in the moon;'"
and again: "Now it is the law, both
the common and the parliamentary
law, and it seems TO me also common
sense, that if an elector were to vote
for man whom he knew TO be ineli-
gible, it is as if he did not vote at
all, or voted for a non. existant per-
son, as it has been said, as if he bad
gave his vote for the man in the
moon.' And by Lord Campbell:
"The reason why the vote given for
a dead man is not to be counted, is
that the voter meaningly votes for
person whom he knows to be ineligi.
Bile of election, and therefore the
count is the same as if he had not
voted at ALL" And the American
doctrine is almost equally we'll
settled.
Now the Hon. Mr.. Hathaway, of
Rapides, may be more profound ju-
rist than any member of the Judici-
airy Committee, or even than Lord
Campbell or Mr.. Justice Blackstone;
and if after patient hearing upon
the law and the facts of the case, be
and those members who voted and
acted with him, had differed with
these learned authorities, and in the
exercise of their right as members
of a quasi judicial tribunal had ar
rived at different conclusion, there
could have been no chance to com
plain; but | do complain, and think
linstly that when ] had nrenared 4