Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-03-23
Bay}y VS.. Barbour.

$50 - ISS' AA"I's u U iSt! lEt ITO G iE.CStSt
VI tho mary cols std election .s,s whi.b
naVI Gc3onitd TOO s!is6t.Gn 81 nc uooeresS Of
the United States, eiih!r in :ha Dfts,E. or aup
rrcc.diog nne, this is oao Ct the mess ,x:rao1-
binary sud exceptional, sd remarkable 70.
alcDe as regards The mode aud nsnner ef lis
presentation but as We'll Tor The grounds upon
| which it Is made. TIE seat cf the sit!isg
men bar ADD bis election is asked to DO vacstcd
zoo set ss!de o. the ground OF constitutions
| ioellcsbitg AID disqualification. no. at the it,
s'esce t be Electors Of the Disric:, tui upoD
the no,on ct ths defeated candidate 10 the
election, WAC Only recjiv:d Q Ii votes cut Ct
total v1to OF p AL csst.
lttherc Was sty inftaooa Ct lsw CT s;olercs
| cone he ei, Tvs faIc5se, The sItf;airin's of
| tho D!s.rlc; should have preferred the com-
plant.
| 1t The voters OF tie District we're co5tsnt
with tho re:ui', it is Official 10 po.c,ite 10
Whst respect tho cootestant 10 tais casa has
been irinred. BY the result OF the el5ciou
covessedly lie aeas not elected. acd be is asking
I" oshsit OF constituent bUdY. 2rho 7epuClla'ea
HIM as their Representative By an oruwhclna-
| ing majority. to set aside their onocs, ard c.
osrs tuelr u%n SO. n1l ard vtli.
La sr9por: IF the voluntary contest thu,
made by s. L. Dsy!y asaiuss The Gig bliiy u!
| the sitting MT m5er, be prcc,sted IL take the
| ;eelmoDy OF three Hitccssss in The city tf A.
ezaudria. nsmaly. George Duffy, Augustus +.
ldenscu, nnd John 8. Barbour-the las. named
being The referred member useIf-!he Of
Jos: beieg TO show that lhs said Barbour was
oot boGE-i3e iohubitart Of the S,s.e OF V!r-
gloia. as required b. the Coas'iiEion Of the
United States. blr. Daf1ey was tho o,u issco
az CT re9epua for tbe city Of Atxacdrs, nod
Mr. ldoasen vas clerk to tie ststs assessor Ct
tha. city Tor the yeEr 1880. 1ho coutes.ant',
obeo: was to show By thts! witnesses tia. til.
returned member was not sss:5ssa With q clp =
tstIoD t. 10 the city Of Altxardrs, add there
by not Gu luhabltans ct esid city. fact witch,
II adnltIed, was by DO meGbs o1bciusve of the
| ISSUE. Bat Whist IS very remarkable is that
II will DO tiuod, upon tXsminsiDn Ct tie de-
pcsluors OF the witnesses referred 10, that esch
'.s'fiss. Of his personal knowledge that III,
BarCor 1cas a resident of the said city of Alex-
andrla at tie time oth!s election. Toe feu,su-
tg @lfusss o,iied by Inc cJDtsstsnt il Mr.. 3
bour tlTs:lf who. in reply TO q1:s ioas asked
by tie ocurssl OF the cootcs!Gos. testified Ina,
| Of the limo OF he cleoion of a representative
OF the i ghlh Congressional Dstrici Of V.rgu-
10. 10 November, 1851. hn Was a banG-itu IL
hsoltant ct The S,h'a IT Virginia, sod as suob
OF course, Tss q1sIlh.d under The constitutional
Il
| 81 rlf.rspee TO Mr.. B4rhcut's Gsposiisc ia
! .hu case, u vii be seen th,5 h. represents
himself 10 DO naiivo of the State Of Eiryiui,:
bad always bsen otiz!n Of ssh Sia;.; rey r
clsnsd 10 have lived e!seShera il ptrmsuout
sanee CT to bay3 tEsrssei cl:,z:nshia IL auy
ether SAFE or tefr!tlr:; ttas his pcas-t e.,
ouslrFs' headquarters, rtsiao.c, required by
statute fer .he ecrv c. CT legal Process urcn
HIM. were eli 10 ihe G. y Of Al'xsrdtis, sod
within the mi ct said State; AID that wbi;c
be had temporary G!Ater rctidercc 10 ihs
CITY Of WasLieg: DO hRd tsk,1 8 house 10
| Ask ind.ts, Wl.h Iii taniy. 10 Ssp;eu oar,
1880, ED Was 8, no:Gs!!7 ,esijicg ct the este
OF the CopgressleaRl ciectio3. 10 Nopem bur,
1880. srd subsequently,.
UDon this plain s!aieEicr / i:cg IL. Bar
ocu; c.u'd stfsly resi- his c;se Wi:teri a!gr-
mcn:. Iha sitting member to4k q testimony
10 lis can b :!!sif aud he sv!de3os resented ail
come5 ftola witnesses ealsd ty Inc con,es.aas.
and tnsis cradibity canoot be cgs!Iy inpat c led
by hin; he otc.sd to Gask, Tie eii.iey
member a!tocss asai;st husc!f ard ;a.u
seeks to trask the legal # c. of the eta.c-
Geo's thus Ea3a. by srkuucnss louaJaG up Il
q rcpcest a;lon c! 'Gos cot cJutsicad ia .au
record. WHO G2u'd know tho sts2cfs Of tho
returned member IN this c,se 10 gsante: 70 Ct =
llZ,cthlp rss!3eGc', or the boHa fi;4 Sf It's
abode ald lEhabituEcy, SO sci az taa iatigit-
nal hiE1s:li. Ihtso Hero fsG propacy ri: tia
tls eva br*a5t, sId 10 the tb3etcs of a5y test
mooy 10 the Contrary, ADnot CcW b: i'm DlGcacd
IN this csse Ba; coro:ding io7 The ssks ct
argun:nt sill this sern nos so--lhs! Mr. Barbour
WsS not g ct'z'n Of Virginia p,ior 10 S,Dsen-
Der, 1880 aud hsd actually 10 p,iut OF fso
resided eIsaWh.rs, ss citz,n OF the Uni,ed
Mates could he oct haVo m6vsd mo the State Of
lirgilia, booming an i1hati.ant thereof, ia
September. 1889 aud being constitution ally
ellgibla 20 be elsc:sd Representative 10 Con.
gees Jhtr, is co oonsu!iunal rqairim5nt
TO DO oIliz n or votertf the state from which
he is el.cted. hut ony nu iEhsbiact CT the
state at Tho time Of election.
lie Co.'s tuition reccgoiz1s Sa disiso.ion
between 40 elso!4r and Gu inhahisns. In ar
lele l, $50 Ion IL, is provided That The cioc:ots
fer members of Cocgtcs5 shall hsvo the
| 1elfo,loas ttq lsi!s for elsc.ofa cs the racs.
uugsrou, brarca CT ths state lcli,laturs =" but
in the SEQ ion 1rIVidirg tie qualifications of
nombsrs of Congress i. 10 provided on'y thst ho
shall be 40 iuhabirert.
IN BsylS's c:se, referred e. b. c,lto:tspt,
| The committees report recCgn -! the skoaa DIS.
unct!on: "A rssdsIce in anc no. the e1ercis.
| of legal tights constitute an nhabitans Of
plsc,," sud ina. "is is not the exercise o. pr;yi
| eses that constitutes citiZ M
The Consi uLoa is silent in re;pect 10 sny
motive en- ihs part of he indiv:dlalin becoming
SD inhabitabt. the fact only being prescribed.
| All The witnesses examined in this Case proved
that Sr Barbour WAS resdirg in Alexandria
not OIL OF the tn OF the election, but ut the
date CT their dispositions months afterwards, snd
IN reply to one OF the sltgstioos o. thu coutas..
! sh"s Dllet, 1t m DO stated that Nr. Barbour
was re,idirs Ia Alexandria up to The time when
| the 4Tth Congress assembled In answer 10 the
q n si N nttIh
| contesanps brief it is not deened worth while
10 consume tho time Of the committee With their
examination. livery Gaze nrsi doperd or its
own facts and ss tho fscts vary the suSlogiao of
the precedents will net apply. No csse can be
cited in which seat il Congress has been con.
Tested heretofore upon such light and insufficient
gtound.. Tho sitting member in this case cIsirs
that al the condhions of quslifostion required
| BY the courts ara fulfilled il his case End that
he is as n uch entitled to bis sa.s upon the floor
of the House Of Representatives g any other
| m Der of the 4T.h Congress. His credentials
are authenticated by The largest msjtrity c, S.
| in hp last olaciioo Tor