The clarion., 1884-02-27
THE callnERs.nilKIKG ClSE.
RrmARRa nR
Hon. Z Barksdale IN the House ef
Representatives,. February l5th,
1874.

representatives. 1eoI1eIg A0eIf
1854
In. BAnxsDALE lfr. Speaker. have
been dispassionste and impartial listener
10 the abls discussion Of the question be-
fore the House. had not intended to en-
tar the arena Of debate. DO not intend to
for the vote that shall cast and to. avail
myself Of the opportunity Of Offering en-
srnsudment 70 the resolution accom- mpanF
ing the report Of the COMMITTED.
Ressrying my judgment upon the para
mount question Of the right Of the people
Of the Second Congressional District of
Mississippi to be represented by the person
Of their choice when that question comes
to be considered upon its merits for final
adjudication by the House, shall upon the
question as it now stands cast my vote to
declare that the claimant holding the GER
tifcate has in virtue of it the pr1md facie
right to the seat pending the contest on
its merits.
In the course of this discussion pFiBaa facie
evidence has been defined to be such evil
dence as of itself is sufficient to establish
the fact, if uncontradicted; but is confro-
vertibIe. Unquestionably that definition
is correct; but the PriHla tac'e evidence Is
controvertible when the issue GENES 70 be
tried upon its merits to determine whether
| the person holding the certificate Is the
| duly elected member.
| Hence the ingenious and labored argu'
ments of gentlemen to show that the GER
! tifcate of Mr.. Manning is founded on q
mistake. or error, or fraud, as they may
choose to have it, are not applicable to the
| question as it is now presented to the
| House. They will be relevant when the
question is considered on its merits.
The rule has been established, and con
| irmed by invariable custom, that the per
son to whom the certificate has beer
| awarded is entitled to hold and to discharge
| the functions of the Office of Representa-
! tive until the House, in the exercise of it
prerogative as the judge of the election
returns, and qualifications of its members
| decides the case on its merits.
/ Doubtless abuses are often committed bJ
officials in the discharge of this importan
| trust. Possibly they have been committed
| in the present instance. But l submit thai
to depart from the rule and set aside tbs
| certificate before it is judicially decided tt
be void is TO deprive the body of the only
means of ascertaining its membership ane
| perfecting its organization. McCrary, II
| his standard work, American Law of Elec
| tions, says:
If the party holding the ordinary ere
dentials to an Office could be kept out oi
| the Office by the mere institution of con
/ test, the organization of legislative body
| sach for example as the House of Re
representatives. of the United States
might be altogether prevented b!
| instituting contests against ma
| iority of the members, or what is more
| to be apprehended, the relative strength OF
| political parties in such body might be
| changed by instituting contests against
members of one or tie other OF, such par
| ties These considerations have made il
necessary to adopt and to adhere to the
rule that the person holding the ordinary
credentials shall be qualified, and allowed
| to act pending a contest, and until de
cision can be had on the merit.
As to Mr.. Chalmers, neither the commit
tee. nor any member of the committee, has
asserted that he has even the color of &
title to a seat pending the contest; and
therefore he is not party to the present
proceeding.
l will add that, in view of the extraordi-
nary disclosures contained in the papers
aeIating to the case, the House owes it tc
it's own integrity, to the claimants them.
selves, and especially to the people of the
district, to institute searching and vigorous
INQUIRY into the merits of the case without
delay. The right of the people to be rep.
resented by the person of their choice over.
tops all other rights 1t is imprescriptible
and inalienabIe, and it is usurpation tO
deny or to delay its exercise. Let the
House mak9 haste to address itself to that
question.
The SPEAKER. The gentleman's time
has expired.
Mr.. BAKKsDALE. One moment more.
Mr. RANNEY. l will yield to the gentle
man from Mississippi for one minute.
Mr.. BARKsDALE. l wish to offer an
amendment reported by the majority OF
the committee, and to obtain vote upon
it if possible under the rules, which l will
ask the Clerk to read.
The Clerk read as follows:
Resolved, That the Committee on Elec-
tions be discharged from the further con-
sideration of the prima ytdeie right to the
seat in the contested election case of j.. Il.
Chalmers vs.. Van H. Manning.
Mr.. BARKsDALE Now read the words
which desire to add.
The Clerk read:
And the case on It's merits proceed before
the committee, with instructions to report
as early as possible.
So that the resolution will read:
That the Committee on Elections be dis
charged from the further consideration of
the prima fdcie right to the seat in the con-
tested election case of j. r. Chalmers VS..
Van II. Manning, and that the case on its
merits proceed before the committee, with
instructions to report as early as possible.