Year: 1865

where. In the history OF TINS state IL has new
er been determined where that power shall rest.
BY courtesy or usage it has rested with the
clerk, because there has been no such contest
as this to raise the question and fix a precedent.
| insist that the House in this case, shall de-
terrnine; first, trat the power shall not be in
corrupt return judges, but that it shall be as
nearly as possible in the House. The House
has some power over its clerk. 1t may
instruct the clerk. He perhaps, may not feel
bound by such instructions, but / rather think
the majority of clerks would If not from con-
vietions OF duty, certainly from courtesy the
clerk should adhere to the instructions of the
| House, and especially in ease OF this kind,
where there are but two members in dispute.
! The case supposed by the gentleman from
Cambria (Ir. PERsuING) is one not likely to
occur, unless his doctrine prevals-that ma
iority of the members ot this House may be
ruled out and placed in the position of the gen
teIDeu from Somerset, Bedford and Fulton. If
his doctrine should be accepted as the doctrine
of this House and the law Of the State, and re-
; turn judges be thus invited to return members
rs eiccted regardless of the vote of the people,
and according to their own political procliVities
lien bis apprehenslons might be realized, and
next year we should probably have the seats
OF fifty men contested. But that is not likely
if this House shall exercise wise, Just and e.
quitable supervision over its own clerk and its
own rules. Therefore, after carefully deber-
ating upon this question, and regarding we'll
the sacredness of precedent which must here
alter tell upon all parties, | believe that the
power must be taken from the judges, so far as
the action of this House is concerned apd YES
ted in the Clerk, SO far as it must be vested in
any clerk.


Now, sir, when this is done what is the du-
ty Of this House The Clerk does not choose
10 decide this question and properly submits it
10 the House for instruction. We do not pro-
pose (as the gentleman from Franklin. my coli
league, suggests) to examine into the merits of
this question, and lie is eq1ally in error when
he assumes that the Attorney General has de-
termincd any such question at all. So far as he
has reached this case ho has simply expressed
his opinion that there has been monstrous
fraud psrpetrated by return judges in violation
Of thelr oaths, in seeking to subvert the fairly
i and consituuonally expressed will of the peo-
pie. He has decided that the Governor in
tie exercise Of purely ministerial duty, (for
he cannot reach the merits of the case,) must
be bound by the record. He cannot inquire at
ali intG the le@ahtv of any vote, nor can he in
qulre whether the return judges have rejected a
part of the vote. As ministerial officer he is
bound To accept that which, upon its face, is q
legal return, and upon that he must issue his
proclamation. But this House is not governed
by snch rules. We are exercising no minister
ial duty. We are here 20 decide, as nearly as
we can, doubtful question. And we have the
right to reach the merits of the case, so far as
the returns before Us present it. We have pri-
marlIy no right to assume that any part of these
returns j. legal or Illegal, but we have the right
TO 90 10 the record itself to discover who have
| by ,the record, received a ma ajority. That
record clearly shows that MesSrs. Ross and
Armstrong have received majority of the votes
polled, There Is the record before us-a part
Of the return itself Without determining, in
this primary bearing, whether that vote is legal
or Illegal, we are simply TO determine that those
gentlemen are emitted to be called, and 1 shall
vote to instruct the Clerk accordingly.


| am we'll aware that gentlemen will insist
that this is reaching the merits of the question.
1t Is not at all reaching the merits of the ques-
ton. | am simply seeking to guard against a
deliberate, and what | must pronounce, Il mon
strous fraud upon this House ana upon the peo-
pie of a certain legislative district; and So far
as this House is able without seeking to con-
travene r.htor law, 1t ought to interpose boldly,
and say that these things shall not be DONE
Because, if they are done in this case, they may
be repeated next year in forty cases, and we shall
then, by this act of toleratng fraud, bring rev.
oiution upon our Legislature, 1t is not we
who seek to reyoIulUnze those seeking TO
sanction fraud upon technical grounds, are those
who seek to revolutonze this Legislature


Why. sir, there is not man who has ad-
dressed this Honse-neiti.er my colleague from
Franklin, (Mr. Snarpel nor the gentleman from
Cambria, Mr.. Pershing, }-.who will pretend to
say that the return made by the single judge
from Somerset is not the true return from that
district They cannot pretend to say to this
House that the Democratic candidates for the
Legislature in that district. even by the return
of their own county judges, had majority OF
the votes cast. Their own Judges counted them
OUT their own judges certified the return that
counted them out The return judges of Full
ton county unanimously signed the return. All
the return judges of Bedford county, except
six, signed the returns. And the returns signed
by every Judge who is in harmony with the
gentlemen on the other side of the House count
their own members ont by over one hundred
majority.


The facts touching this question are facts OF
record. Bear in mind that it is not pretended
that these men are elected; it is simply claimed
by technic2Iity, having lis origin in fraud
grant, sir that if all the judges had made this
return, and the House had no other evidence,
we should be bound to call and swear in the
men whose names might be on the return.
But, fortunately, that is not the case here. We
have, by the very record before US, conclusive
evidence that they are seeking to perpetrate a
fraud upon this House; and, therefore, shall
vote SO to instruct the Clerk that this fraud
shall not succeed-that this House shall not
sanction, directly or indirectly, any such fraud
L., nF