Year: 1866

gument lS heard by DOtn phrties tO the
contest, extending through three days;
that all the evidence is IN, and so far as
the contestant and the sitting member
are concerned, the case is closed and
submitted to the Committee. l will sup
pose that the sitting member is polIti-
cally very obnoxious to seven out OF the
nine members of the Committee, and
has no charitable constructions TO expect
at their hands that he informed them in
the argument Of the case that all he ex-
pected or asked was simply what the law
yand the facts would compel them to give
ti:at bare naked justice, after all doubt
ful points have been ruled against him.
was all he sought to confirm his title to
his seat Il will suppose that after the
close of the argument, the Committee, of
its own motion and against the wishes OF
both parties, took tho whole matter oun-
der advisement during nearly the space
of week, at the end of which time its
members announced themselves ready to
vote Il will suppose that thereupon the
roll Of the committee was called for the
ayes and nays, and that every member
of the Committee, with hut one excep-
III, y
was entitled to his seat; that the one
dissenting vote was given by the Chair
man; thatthen, for some reason Of which
we are all profoundly ignorant, this ac-
ton of the Committee in favor OF the
sitting member was withheld from this
House, and that after the lapse Of nearly
another week, during which time no
more evidence was taken, no more argu-
ment heard, and no further notice given,
at least to the sitting member, different
conclusion was reached, and the contest
ant declared to be elected, by the same
men who few days before had solemnly
declared that he was not need not
stop to characterize such proceeding
with epithets. 1t will fnd its proper es-
timation in the minds Of all honest men
here and elsewhere. Nor need pause
to inquire into the motives which gov
erncd such conduct. There is no eye so
blind as not to discern them, and no
heart so calloused by partisan prejudice
not to be panied at their exhibition. Yet
such has been the action of the Com
mittee on the case now under considera7
ton. tt.



Now let him answer direct question.
Did not this committee, with the excep-
ton of the gentleman himself once vote,
February /, upon the roll-call OF its
members, by yeas and nays, that was
entitled TO the seat now claim, and this,
too, after full discussion and lengthy ad-
visement? / demand an answer, and
dare him to make it. .., 81.


Mr.. Davis--Does the gentleman sup
pose that am going to violate the rules
of this House, and state what transplred
in the committeeman Laughter on
Democratic side. .f.s.


Mr.. Voorhees-But for the sake of ar
gument, suppose We admit all that Mr.
Washburne claims, Suppose we admit
he has proven that he ought to have re-
ceiyed a hundred more votes than he
did. Does it follow that therefore votes
which were cast for me, and concerning
which there is no question OF illegahiy
raised, shall be totally rejected2 viii
YOU disfranchise thousand legal voters
on such groundsY What is the object in
contesting an election Is it not to as
certain who has the most legal votes by
q recount upon all the evidence thai can
be furnished2 Who doubts in this case
as to where the legal majority rests?
The contestant himself makes no pre-
tense that he received more votes than 4
did, nor as many, according to his own
estimate, by near four hundred; but you
are asked to enforce an arbitrary and
technical rule, founded neither in law or
justice, in order to reduce my majority
by taking away votes as pure and legal
as any which ever upheld an election
The true rule of law, is as it IS found IN
the statutes of Indiana, and am defend
ing my rights here according to her laws
as we'll as the laws of the States and
Federal Government generally i quote
from : Gavin and Hord, statutes of In
diana, page 3l8i


"No irregularity or malconduct OF any
member or officer of board ofjudges or
cauvassers shall set aside the election OF
any person, unless such irregularity or
malconduct was such as to cause the con-
testee to be declared elected when he had
not received the highest number OF legal
votes; nor shall any election be set aside
for illegal votes, unless the number
thereof given to the contestee, if taken
from him, would reduce the number OF
his legal votes below the number OF legal
votes given to some other person for the
same offense' .tt


Sir. where is the evidence Of irregu-
larity or maleonduct on the part Of any
officer connected with this election,
which caused me to be declared elected
when | had not in fact received the high
est number of legal votesI There is not
a SYLLABLE of such proof Where is the
evidence that received illegal votes,
which. if taken from ne, would reduce
my majority Of five hundred and thirty
four to a minority Nowhere. Allow
me the votes whose legality no one cues
tious. and allow the contestant all he
claims to have received, and l am con-
tent


Mr.. Speaker, have but little more
to say, and but one favor TO ask, lou
know. and know, and this House
and the country know, that have the
J legal majority of votes but the
report of the committee is to be sustained
let il be done on its trne ground.
have been your fair foe. j have met You
an omen. honorable warfare, and | am
entitled at least to candid hostility at
vour hands. have neither skulked nor
lodged on this floor, and if a sacrifice Is
required to appease the political Moloch
which has so long presided here, you
have selected the proper victim. He viii
not shrink from the blew. God being my
helper, this political gibbet shall not be 3
matter of reproaeh to me or mine II
YOU wish to purge Parliament snd re
duce this already fractional Congress
to still greater uniformity u opinion,