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should be completed, and the States notified of bers, she has 59,420 voters to each Representative; Mr. PHELPS, of California. It matters not their rights under it, by the 1st of November. Connecticut, 19,311; Maine, 16,315; Massachu to me what is done with the resolution so that it

Now, Mr. Speaker, we claim that in the ab setis, 15,378; New Hampshire, 21,984; and New does not shut the member out. sence of any law determining when that census York, 19,913. If California be allowed three Rep The SPEAKER. Does the gentleman from shall take effect for the purposes of representa resentatives, then she bås one to 39,613 voters, be Massachuselis object to the introduction of the tion, the rights of every Siate affected by it accrue ing about double the number required in any other bill? the very moment that the fact of the number of State.

Mr. DAWES. I do not desire to object, but Representatives to which it is entitled is ascer Again, sir: by the act of 5th August, apportion- | it seems to me it would be better for the gentleman tained. I think no one will doubt that. No one ing direct taxes to the State of California, if you from California to postpone it until a vote has been will attempt to controvert it. If there is no estab

arc to decide that California is entitled to bur iwo taken upon the resolution. I do not think the lished law or rule to govern us, then our rights Representatives, you thereby require California passage of the resolution would affect the status must of necessity accrue, under the census, the to pay a much larger proportion of these taxes ac of Mr. Lowe at all, in view of the passage of the very moment that census is completed. But I do cording to its representation than any other State. || bill. not propose to pursue this point. As I said be.

If you allow California two Representatives only, Mr. PHELPS, of California. I would much fore, I ihink this matter can be reached in a man you require her, in the face of the provision of the prefer that the bill should be acted on now. I am ner satisfactory to all, and without establishing a Constitution which contemplates, at least, if it of opinion that the passage of the resolution would precedent that will disturb the representation of does not expressly provide, that representation | shui the member out. If we declare that Mr. any State. The majority of the committee was and taxation shall go hand in hand-in the face Lowe is not entitled to a seat in this House, alkind enough to say in its report, as the gentle of that provision, I say, you require California though a law may be subsequently passed declarman from Massachusetts has very kindly and to pay $127,000 for each of her Representatives, ing that California is entitled to three Representvery justly stated this morning, that the people while you require Connecticut to pay $77,000; atives, he could not then come in and claim a seat. of California feel they have never been allowed Maine, $70,000; Massachusetts, $75,000; Now Mr. DAWES. I repeat that I do not think it the representation to which they are entitled, and Hampshire, $73,000; and New York, $79,000. would alter his status at all. The reason why the I propose to submit some evidence to demonstrate But if you allow California three Representatives, Committee of Elections report this resolution is that fact. The majority report says:

you then require her to pay $85,000 for each Rep- because there is no law. If a law is passed that "The memorialist urged upon the committee other consid resentative, a much larger sum than you require of is another matter. Men are elected before a law erations, for the purpose of silowing that California was in the older States.

is passed authorizing the election oftentimes. A equily entitled to a third Representative, even unner the apportionncnt based upon ihe census of 1830. It never

These are considerations, Mr. Speaker, in Representative from Kansas was so elected. Repcould be ascertained by that census what was the actual equity-and I will not detain the House with ar resentatives are often elected in that way. I do number of inhabitants in that State in 1850. A portion of gument-showing that, according to the law as it not think the passage of this resolution would the census papers were accidentally burned in the great fire

now stands, we are entitled to this third Repre- | affect his position at all under the proposed law. of that year in San Francisco, and were never returned to the Secretary of the Interior. Large seuleinents were oinit

sentative; though I believe it could be made so If the House do not concur in the resolution, you ted altogether from the enumeration, under the inistaken plainly to appear that the House could not in do not want the bill. If the House agree to the belief that they fell within the Territory of Oregon. The justice refuse issue then, notwithstanding any resolution, the bill may then be brought up, so va-t extent of territory sparsely,sertled, in some parts by

inconvenience it might cost us in the future. But, far as I am concerned. miners almost hidden among the mountains, and the sinall remuneration to the marshals for this service, were thought

sir, neither Mr. Lowe nor myself, so far as we are Mr. PHELPS, of California. It places those very much to corroborate the statement of the marshal and concerned, are disposed to ask anything of Con who believe as I do, that Mr. Lowe is entitled others, that the number returned fell short of the true num

gress that can possibly cause any inconvenience to a seat, in this position: you do not desire the ber by from thirty to fifty per cent. The apportionment based upon the returus actually made gave California but

now or hereafter. I have, therefore, drawn a bill passage or the defeat of the resolution if the bill one Representative with a fraction. Congress, in 1852, be

declaring when all subsequent enumerations of the is passed; but it compels us to vote against the fore the apportionment took eft:ct, in justice to California, inhabitants of the United States shall take effect resolution, to which we have no objection in case undertook to reinedy this defect by an act reciting these for the purposes of representation. That will set. we are allowed to act upon this bill, for then we considerations just stated, and providing that the State should be entitled to two Representatives till the nextenuin.

ile the question for the future beyond all doubt or should care nothing about the resolution. eration. The memorialist urged upon the committee that

cavil; and I shall ask the consent of the House to Mr. DAWES. I interpose no objection to this full justice was not done California at that time, and that introduce it and have it acted upon at this time. I bill, so far as I am concerned; but I make the she was actually entitled to three. The whole votr of the

We are perfectly willing that this question shall | suggestion that the Committee of Elections deState at the presidential election in 1852 was 74,736. Adopting any ratio between voters and population, or evcu a

rest upon the sense of justice of the Senate and sire that the vote shall be first taken upon this much sinaller one than is adopted in the older States, and

President as well as that of the House. I now resolution). there would have been population enough for thirrc Repre. ask the consent of the House to introduce the The SPEAKER. Is there objection to the insentitives. The State censils of 1854, which was only ap following bill:

troduction of the bill? proximate, gave 264,435-only 14,000 less tlian enough for three Representatives. T'he vote of California in 1861 was A bill to define the time when censuses hereafter to be taken

Mr. COX. I do not desire to object to the 118,840, giving evidence of a much larger population than shall take effict for purposes of representation.

bill, but I would suggest to the gentleman from by either apportionment is represented in Congress.”

Bc it enacted by the Senate and House of Representatives

California that it is hardly

proper to press it upon Now, Mr. Speaker, the population of Califor of the United States of America in Congress assembled, 'That the House at this time. The passage of the resnia in 1857 and 1852 can be better ascertained i census shall be taken in the year 1870, and shall take ef olution of the Committee of Elections will not by the votes cast then, than by any attempt at fect for purposes of representation in Congress from and

affect Mr. Lowe's standing at all. If it is a proper alter the 3d day of March, 1873, and shall continue as the enumeration made up to this time, for we never basis of representation for a period of ten years, and each

and suitable bill, in the opinion of the House, it have yet had any enumeration there on which we subsequeni census shall in the saine manner continue for a will be passed anyhow, and I suggest to the gen. could rely in that State. In 1852, as the commitJike period.

tleman ilat it will be better to defer the bill until

Sec. 2. And be it further enacted, That as the census has the state, California cast 74,736 votes. With two

the resolution shall have been disposed of. never been reliably taken in the State of California until the Representatives, she is allowed one to 37,368 year 1860), and as it appears that the said Statc has sufficient Mr. PHELPS, of California. I will move to volers. In the same year Connecticut cast 66,768 population to entiilc her to three Representatives under the postpone the resolution for one week. I do not votes. She is allowed four Representatives, or one

said census, and as three Represeniatives have been duly ihink there can be any objection to that.

elected to the Thirty-Seventh Congress under the suppoto 16,692 voters. Maine cast 82,182 votes-less sition that the saill State was entitled to the saine, as ap.

Mr. DAWES. Upon that question, I have than 8,000 more than California-she is allowed six pcars by the certificates of the Governor thercof, and nx di simply to say that I desire a vote upon this resRepresentatives, or one to 13,697 voters. Mas rcct taxes have bern apportioned to and paid by said Statc olution, and that will clear the way for the consachusetts cast 132,936 votes. Sheis allowed eleven

under the census of 1860, the said State shall be allowed sideration of the bill, if the bill is a proper one

three Representatives in the Thirty-Seventh Congress; and Representatives, or one to 12,613 voters. New for that purpose the whole number of Representatives is

and upon that point the Committee of Elections York cast 522,294 votes. She is allowed thirty- hereby increased one, until the beginning of the Thirty do noi propose io interfere at all. The Committee three Representatives, or one to 15,827 voters.

Eighth Congress, when the whole muinber shall be the of Elections, so far as I am informed-for myself Now, while I do not claim that the population was number now cstablished by law.

at least, I say that I do not propose to interfere relatively as large to the voter in California as in Mr. DAWES. I would suggest to my friend || in the passage of that bill at all. ' The committee those States, I do claim that the disparity was not from California, that he withhold his billúntil the are very confident that as the law now stands the so great, or near so great, as this representation House has acted upon this resolution. I will not State of California is not entitled to these Reprewould show. If California had been allowed three object to it then.

sentatives in tliis Congress. It does not alter the Representatives in 1852, she would then have had Mr. PPIELPS, of California. If the gentle | riglits of the memorialist at all so far as the bill is one to 24,912 voters, or nearly double the number man desires to postpone the resolution for a week, concerned. It only shows the necessity of the required to entitle any other State to a Represent until this bill can be ucted on, I am perfectly will- || bill if there is notíce in the bill. If the House ative. We have never been in a position to de- || ing that it shall be done.

votes down the resolution and admits Mr. Lowe, monstrate the number of our population better ulran Mr. DA WES. I think it would be proper to there is no necessity for the bill. If the majority in this way.

presume that there is not a man take the sense of the House upon the resolution of the House think the resolution is wrong, let throughout the length and breadth of California reported by the Committee of Elections, and then, them vole it down; there is no cause why it should who has not fele, during the last ten years, that so far as l'am concerned, I will not object to the be postponed. I hope therefore the motion of the she was entided to this increased representation. I introduction of the bill which the gentleman pro gentleman from California will not be adopted. do not suppose that there is any disposition on the poses.

The motion to postpone was not agreed to. part of this House to deny us the full representa Mr. PHELPS, of California. My idea is, that Mr. PHELPS, of California. I then ask the iion to which we are entitled, provided it can be action upon the bill is necessary to enable the unanimous consent of the House to introduce the given us without inconvenience or the establish House to act upon the resolution. If the resolu- l bill which I have read. I think it is the true poling a precedent that will lead to inconvenience in tion of the committee should be adopted, the pas. icy to act upon the bill in connection with the resthe future.

sage of the bill would not give Mr. Lowe his seat, olution. In 1860 Californin cast 118,840 votes; Con Mr. DA WES. It would not affect liim. It Mr. WICKLIFFE. I object. Let us first take necticall, 77,246; Maine, 97,918; Massachusetts, would leave him just where he would be if the res a vole upon the resolution of the Committee of 169,175; New Hampshire, 65,953; New York, olution were pending while we acted upon the bill. Electious. 657,123. If you allow California but two mem It would not affect his status at all.

Mr. DA WES. If nobody proposes to debate

the resolution further I will call the previous ques The Clerk read the resolution reported by the State of Virginia, with a population of one huntion. Committee of Elections, as follows:

dred and twenty-two thousand by the census. Mr. SARGENT. I do not propose to debate Resolved, that the Committee of Elections, 10 whom The population of each one of those counties is the resolution, but I desire to amend it.

were referred the credentials of Joseph Segar, claiming a given on the second and third pages of the report. Mr. DAWES. I yield to the gentleman. seat in this blouse as a Representative from the first district

The whole number of votes cast in that district Mr. SARGENT. I move to amend the reso

in Virginia, be discharged froin the further consideration
of the subject.

at the last gubernatorial election was 7,956. lution by striking out the word “not;" so that it

Mr. DAWES. I propose only to state the facts

After the proceedings in the House on the first will read: in this case, and to leave the House to act upon

application of the memorialist for a seat in this Resolced, That F. F. Lowe is entitled to a seat in this them.

House, Governor Pierpont, of Virginia, issued House as Representative from the State of California, in the Thirty-Sevcath Congress.

Mr. NOELL. I desire to submit a motion.

his writ, I believe, following the provisions of the Mr. DAWES. I yield for that purpose.

statute of Virginia, calling for an election in this I now ask for the previous question on the res

Mr. NOELL. The Committee of Elections

district, and I think he also followed the recomolution and amendment. The previous question was seconded, and the have failed to agree to any report on this case, or

mendation of the report of the Committee of Elec

tions made to this House in the previous case. rather, to submit any report upon the merits of main question ordered to be put. Mr. 'SARGENT called for the yeas and nays Mr. Segar's claim. Mr. Segar presents himself

The condition of things at the time this election here with the usual certificate from the Governor

was held was such in that district that, of the upon the amendment. of his State. I move, therefore, inasmuch as the

seventeen counties, only three were not in the The yeas and nays were ordered. Committee of Elections have failed to agree in

armed occupation of the rebels, and in one of those The question was taken; and it was decided in the negative-yeas 49, nays 69; as follows: regard to the merits of this case, that Joseph Se- || counties, Hampton was the only

precinct which

was entirely clear of the rebels. The writ of elecgar be sworn in in the usual form as a member of YEAS-Messrs. Aldrich, Alley, Ancona, Ashley, Francis This House.

tion reached the sheriff's in those three counties, and P. Blair, Blake, George H. Browne, Buffinton, Campbell,

Mr. DAWES. I suggest the gentleman had

so faras we know they gave the notice and the polls Clark, Colfax, Cox, Davis, Delaplaine, Duell, Edgerton, Fessenden, Fisher, Franehot, Frank, Goodwin, Granger, better move an amendment to the resolution re

were opened in all the precincis of Northampton flaight, Johnson, Kelley, Lehman, Lovejoy, Moorhead, ported by the committee. He can move as a sub

and Accomac, and at Hampton, in the county of Anson P. Morrill, Morris, Noell, Olin, Pendleton, 'Timothy stitute to the resolution of the committee that

Elizabeth City. One thousand and eighteen votes G. Phelps, Pike, Price, Alexander H. Rice, John H. Rice: | Joseph Segar is entitled to a seat upon this floor.

were cast, of which Joseph Segar received 559, Richardson, Sargent, Shanks, Vallandigham, Van Horn, Voorlees, Ward, Washburne, Whaley, Wilson, and Wine The report of the committee is, that the Commit

or a majority of the votes cast in those precincis. doin-49. tee of Elections be discharged from the further

At the last gubernatorial election 7,986 votes were NAYS-Messrs. Allen, Babbitt, Joseph Baily, Beaman, consideration of the case.

cast, and at this election 1,018, or about one eighth Binghain, Jacob B. Blair, William G. Brown, Calvert, Chainberlin, Frederick A. Conkling, Roscoe Conkling, Mr. NOELL. I do not object to that.

of the whole number, and of that one cighth Mr.

Segar had a little more than one half. Corning, Covode, Cravens, Crisfield, Crittenden, Cutler,

PACIFIC RAILROAD. Dawes, Diven, Dunlap, Dunn, Eliot, English, Fenton,

The difficulty which the Committee of Elections Gooch, Grider, Gurley, Harding, Harrison, Holman, Hutch The SPEAKER. It is now two o'clock, the encountered was this: they have laid down a prinins, Julian, Francis W. Kellogg, Kerrigan, Killinger, hour fixed by the House for taking the vote on ciple heretofore, and the House has acted upon it Knapp, Law, Leary, Loomis, McKnight, McPherson, Malthe Pacific railroad bill.

in several cases which have been brought before lory, Maynard, Menzies, Justin 8. Morrill, Noble, Odell, Perry, Porter, Riddle, Robinson, Edward H. Rollins, Sedg

Mr. WICKLIFFEdemanded the yeas and nays

the House, if the voters of a district had an wick, Sheffield, Shellabarger, John B. Steele, Benjamin on the passage of that bill.

opportunity to vote, if there was no restraint upon F. Thomas, Prancis Thomas, Trimble, Trowbridge, Wads The yeas and nays were ordered.

them, so that they could vote, he wlio had the highworth, Wallace, Charles W. Walton, E. P. Walton, Webster, Wheeler, Albert S. White, Wickliffe, and Woodruff

The question was taken ; and it was decided in est number of votes is entitled to a seat, whether 69.

the affirmative-yeas 79, nays 49; as follows: the votes be few or whether they be many; and So the amendment was disagreed to.

YEAS-Messrs. Aldrich, Allen, Alley, Arnold, Ashley, the question is whether this case came within that

Beaman, Biddle, Bingham, Francis P. Blair, Blake, Wil rule. The question recurred on the adoption of the liam G. Brown, Campbell, Clements, Colfax, Corning, Co Here were only three counties out of seventeen, report of the committee; and it was agreed to. vode, Cutler, Davis, Delaplaine, Duell, Dunlap, Edgerton, Mr. DAWES moved to reconsider the vote by Eliot, Ely, Fenton, Fessenden, Fisher, Franchiot, Frank,

and although they are large counties, they contain Gooch, Goodwin, Granger, Gurley, Ilaight, llall, Booper, a little over thirty thousand out of the one hundred which the report was adopted; and also moved

llorton, Hutchins, Julian, Kelley, Francis W. Kellogg, and twenty-two thousand of all the inhabitants, that the motion to reconsider be laid upon the Killinger, Lansing, Leary, Lehinan, Loomis, Maynard, table. Menzies, Moorhead, Anson P. Morrill, Nixon, Noell, Nor

and there were polled only one cighth of all the The latter motion was agreed to. ion, Olin, Perry, Timothy G. Phelps, Price, Alexander H.

Whether it could be said that in the other Rice, Riddic, Janics S. Rollins, Sargent, Sedgwick, clla fourteen counties which were in the occupation of APPORTIONMENT OF REPRESENTATION. barger, Jolin B. Steele, Stevens, Train, Trowbridge, Van the rebel armies, the voters could not go to the

Horn, Verree, Wallace, Charles W. Walton, Ward, WashiMr. PHELPS, of California. I now ask the burne, Webster, Wheeler, Whaley, Wilson, Windom, and

polls and express their opinion at all, or not, or unanimous consent of the House to introduce a Worcester-79.

whether it could be said that the voters of these bill to define the time when censuses hereafter to

NAYS--Messrs. Ancona, Babbitr, Joseph Baily, Baker, three counties, numbering about one thousand, be taken shall take effect for the purpose of rep

Jacob B. Blair, George II. Browne, Butlinton, Calvert, || expressed the wish or desire of the voters in the

Chamberlin, Cobb, Frederick A. Conkling, Cox, Cravens, resentation, and to have it put on its passage. Crisfield, Crittenden, Diven, Dunn, English, Grider, Hard

other counties, so nearly and so fairly, that under Mr. MAYNARD. I object to thai bill being ing, Harrison, Johnson, William Kellogg, Knapp, Law,

the present state of things in Virginia, it is right Lovejoy, McKnight, Mallory, Justin S. Morrill, Morris, acted on at this time. I suggest that it be ordered

or proper to admit this man to a seat, is a quesNoble, Odell, Pike, Porter, Richardson, Robinson, Shanks, tion which the committee felt disposed to bring to be printed, and its consideration postponed to Sheffield, William G. Steele, Benjamin F. Thomas, Fran before the House to let thein pass upon it. a future day:

cis Thoinas, Trimble, Vallandigliam, Voorhees, WadsMr. PHÉLPS, of California. I move that the worth, E. P. Walton, Albert S. Wbíte, Wickliffe, and

The committee recognize the fact, and believe bill be ordered to be printed, and made the special Woodruff-49.

in the doctrine of restoration-yes, sir, they are order for Friday next.

So the bill was passed.

restorationists, and they look forward and will hail Mr. MAYNÁRD. I do not object to that.

During the vote,

with delight the glorious day when the restoration Mr.SHEFFIELD. This is an important bill, Mr. HOLMAN stated that he was paired with of representation in the several districts shall be and it ought to be referred to the Committee on Mr. Blair, of Pennsylvania.

consummated. (A Voice. Latter day saints.] the Judiciary.

Mr. RICE, of Maine, stated that he was paired latter day saints than no saints at all. (Laughter.)

“Latter day saints," my friend says. "Better be Mr. PHELPS, of California. I hope that the with Mr. Baxter, who would have voted in the gentleman will not press that motion. The bill negative, while he would have voted in the affirm

All that the committee desire is, that the House has been discussed, and is understood by every ative.

shall say when that state of things, all things conmember of this House.

Mr. BAKER stated that his colleague, Mr. sidered, shall have been so nearly approached as Mr. THOMAS, of Massachusetts. I do not Van VALKENBURGH, was detained from the House

that it shall be safe and proper to admit as a Repunderstand it. by illness.

resentative upon this floor, from the first district Mr. PHELPS, of California. It will be under The vote was announced as above recorded. of Virginia, or from any other district situated as stood when the bill has been ordered to be printed.

Mr. CAMPBELL moved to reconsider the vote

that district is, a man who has received but little The SPEAKER. There is a special order for by which the bill was passed; and also moved that more than one half of one eighth of the votes of Friday next.

the motion to reconsider be laid upon the table. the whole district, and that, too, under circumMr. PHELPS, of California. Then I move that The latter motion was agreed to.

stances such that the committee was not clear to it be made the special order for Monday next.

say that the others could be said, in law or in fact,

VIRGINIA ELECTION CASE-AGAIN. : Mr. F.A.CONKLING. I object to the intro

to have been free, or had the opportunity to vote duction of the bill.

The SPEAKER. The next business in order | if they had seen fit. If, out of all the voters of a Mr. PHELPS, of California. I will move that

is the report of the Committee of Elections in the district, one half or one sixteenth of them chose

Virginia clection casc. the bill be referred to the Committee on the Judi

to go to the polls and elect a Representative and ciary, if that be the desire of the House.

Mr. DAWES. I will say, Mr. Speaker, that the others chose to stay away, it has been the Mr. F. A. CONKLING. I withdraw my ob

it is a mere matter of form how the House arrives | doctrine of the committee, and of the House, in

at a decision in this case. I am indifferent as to jection on that condition.

adopting their reports, to say that they had ihe The bill was introduced, read a first and second

the method of getting at the sense of the House. right to select the Representatives. And we say time, and referred to the Committec on the Judi- || charged from the further consideration of the sub- | say that such is the fact in this case, they ought

I desire to get the Committee of Elections dis so here. If the House can see their way clear to ciary.

ject; and I will briefly state to the House the facts to admit this man to represent the first district of VIRGINIA ELECTION CASE.

as they were submitted to the committee. There | Virginia; but if they cannot, they ought not to Mr.DAWES. I rise to a question of privilege. is no dispute with anybody about the facts in the | admit him. I call up the election case of Joseph Segar, claim

From the report (No. 70) it appears

that The committee have instructed me to make this ing to represent the first district of Virginia in this this district, which ihe memorialist claims to rep sort of a statement of the facts of the case to the House.

resent, is composed of seventcen counties in the ll House, and to leave it to their decision. I will

votes.

case.

was brilliant in the extreme.

say that, so far as forms are concerned, it appears which I propose to introduce for the action of the credentials whether he has a prima facie case upon that the forms of law were complied with, up to House does not involve the merils of this case. which he should be admitted to a seat upon this the lime of the election, but thai after that, from We have no case presented to the House by the floor. the nature of the case-all the rest of the district || Commit:ee of Elections. They simply content As I remarked, I do not propose to discuss the being under the martial law of the rebels-it was themselves with a recital of the facts, without re question raised in regard to the position of a porimpossible to comply with the forms. Such is porting any resolution upon which the House is tion of the territory in this district; but I would the case in reference to the certificate of election. called to act. The case, then, now stands pre ask the attention of the gentleman to this condiThe statute requires the conductors of the election | cisely as it did when Mr. Segar presented his tion of things: suppose that his idea should be to meet in Middlesex county, and to make a re credentials to this House in the first instance. He || carried out, whai kind of position would this turn to the Governor from that place.

appears here with the credentials of the Governor Congress be in to-day? If a fraction of a conMr. BLAIR, of Missouri. I ask the gentleman of Virginia, declaring him duly elected.

gressional district has not the power and capacity from Massachusetts to give way that a dispatch Mr. THOMAS, of Massachusetts. Allow me to elect a Representative upon this floor, has a from General McClellan, at Williamsburg, may to state that the applicant brings here the regular fraction of the Congress of the United States power be read.

certificate of the Governor of Virginia. The polit to make laws? Has a fraction of this ConfederMr. DAWES. Certainly.

ical departments, of the Government have recog- acy a right to elect a President of the United States? The dispatch was read, as follows:

nized F. H. Pierpont as the regular Governor of If this thing of fractions is to be excluded in deBIVOUAC IN FRONT OF WILLIAMSBURG, Virginia. All the Departments of the Govern- termining whether an individual holds public office

May 5-10, p. 111. ment have recognized this as the existing legal by virtue of an election held in a congressional It is clear that General Joe Johnson is in the immediate front of our advance, in strong force, and very strongiy in

government of Virginia. Bringing that certificate, district, or throughout the nation, I ask the gentrenched.

having exactly the same force as that of any other tleman from Massachusetts by what cornition of General Mancock has taken two rebel redoubts, and re Representative upon this floor from any State of things do we find ourselves now surrounded? Sir, pulsed General Early's brigade by a real hard fought charge this Union, it is referred to the Committee of if a presidential election was to take place to-morwith the bayonet; taking one colonel and one hundred and

Elections. fifty Others prisoners; killing at least two colonels and as

row there are nine or ten States of this Union in many lieutenant colonnis, and many privates. His conduct That constitutes prima facie evidence, and the which no election could be held. It matters not

Committee of Elections have reported nothing that these men are rebels, and that they have made Our exact loss in the affair is not known, but we fear that that controls that certificate. General Hooker has lost considerably on our left. Prison

war upon this Government. The principle ap

Mr. DAWES. When this matter was referred || pealed to by the gentleman from Massachusetts ers say that they intend dispuling every step to Richmond.

There cau be no question that the force of the enemy is to the committee, there was no such certificate. I applies with equal force to States in a presidential very large.

The certificate has been obtained since. In point || election as to counties in a congressional election. Mr. DAWES. These stirring events which now of fact, the certificate was issued before the law Sir, we have got to go back to that first elementarrest our attention are being enacted at this mo authorized its issue; but I do not know that that ary principle in all free republican governments, ment in the district which this claimant seeks to makes any difference.

that the majority of the people who have the abilrepresent. How far a few days will work such a Mr. NOELL. I am obliged to the gentleman | ity to get to the polls and vote at an election, who change in this district as that the House shall see from Massachusetts (Mr. Tuomas) for stating the are loyal to the Government and exercise the electmore clearly

malter in a better form than I could do. I was ive franchise, must determine that election. So Mr. WIČKLIFFE. I wish to interrupt the proceeding to say that the memorialist presents long as States remain in the Union as members gentleman by a single word.

himself with a certificate from the Governor of of the Confederacy, we are obliged, by the prinMr. DAWES. Certainly.

Virginia, and asks to be admitted to a seat, and ciples involved in our Constitution, to treat ihem Mr. WICKLIFFE. I was pained during the that we are not called upon by the action of the in that form. first part of this session, and I 'might say during Committee of Elections to go into an investiga But, sir, I do not propose to discuss that ques. the whole of it, by whispers of combinations, lion of the merits of the case, or to go into a scru tion. “Sufficient unio the day is the evil thereof." with a view to disturb the position of General || tiny of those acts which have been detailed by the I do not ask any gentleman upon this floor to McClellan. I know him noi personally, but I chairman of the Committee of Elections. We commit himself upon that question. We have have great confidence in him by the representa are simply called upon to determine whether a enough of troubles on our hands now, without tions which I have had from sources which satis- | gentleman who presents himself here with such anticipating others. I only ask that Mr. Segar, fied me; and I rise now more to appeal to those credentials as have been presented by every other who is the colleague of gentlemen who have been gentlemen, who have been disposed to find fault member of the House shall be admitted to a seat admitted to seats upon this floor under similar with his conduct and seeking his removal, lo cease upon this floor.

circumstances, and under the provisional governtheir fault-finding. rise to pass no compliment

MESSAGE FROM THE SENATE.

ment of Virginia, which has been recognized by or encomium upon that general. He needs no

every Department of the Federal Government, praise from me, because I cannot do him justice.

A message from the Senate, by Mr. FORNEY, || shall be treated as those gentlemen have heretohope we shall hear no more whispers about its Secretary, informed the House that the Sena fore been treated-admitted to a seat upon this General McClellan being removed from his com ate had passed the bill of the House (No. 125) to Aoor; and if the House, in its wisdom, thinks it mand. The labor of organizing an army of seven

secure homesteads to actual settlers on the public worth while to enter into a future investigation of hundred thousand volunteers, in the putting of domain, with sundry amendments, in which he the merits of his case, it can be done. I will not them in the field, drilled and disciplined as regu

was directed to ask the concurrence of the House. detain the House longer, and I do not suppose lars, has been a herculean task, and I am per

VIRGINIA ELECTION CASE-AGAIN.

any gentleman is disposed to discuss the question suaded that no man could do more.

at length. I offer the following as an amendment Mr. DA WES. I was saying that we are in Mr. NOELL. I was remarking that we are to the resolution reported by the Committee of formed every hour that evenis of the most import not called upon to scrutinize these facts which Elections: ant character are transpiring in this district; and have been referred to by the chairman of the Com

Resolucd, That Joseph Segar be admitted to a seat in this all of us have an abiding faith that each hour mittee of Elections, but we are called upon to de House as a Representative from the first congressional disbrings this district nearer to a glorious deliver termine whether we shall discriminate against one trict of Virginia, and that he be now sworn in as such. ance from the thralldom of these rebels, and the gentleman, or extend that kind of courtesy to him

As I understand that the gentleman from MasUnion voters of each and every county in it nearer

that we extend to all other persons who apply || sachusetts does not desire to be heard further upon to that position where they can exercise the elect here under similar circumstances. I do not pro

this question, I demand the previous question. ive franchise, with none to hinder. Whether that pose to test the right of Mr. Segar to a seat upon

The previous question was seconded, and the should have anything to do with our judgment | this floor upon the meriis of the case which have

main question ordered. upon this case, as it now presents itself, is for the been referred to by the gentleman from Massa Mr. BINGHAM demanded the yeas and nays House, and not for me, to determine. chusetts. My proposition is, that he be now ad

on the amendment. It is the desire of the committee which I repre mitted to his seal and sworn in as a member of

The yeas and nays were ordered. sent upon this occasion, that just at the moment this House, as he should have been, in my judg

The question was taken; and it was decided in when this district and every other can come so ment, in the first instance, precisely as all the rest near that deliverance that the House can say in of the members of the House have been sworn in

the affirmative-yeas 71, nays 47; as follows:

YEAS-Messrs. Aldricli, Allen, Ancona, Babbitt, Joseph good faith and fairly that he who presents him upon similar credentials.

Baily, Biddle, Francis P. Blair, Jacob B. Blair, Blake, self at our door as a Representative, docs repre The gentleman and the House will remember

William G. Brown, Calvert, Clements, Colfax, Corning, sent the Union sentiment of this district, he shall that when this case was under consideration be Cox, Cravels, Crisfield, Crittenden, Delaplaine, Diven, be admitted here to do it.

fore, under a former election, there were no writs Dunlap, Dunn, English, Fisher, Goodwin, Grider, Gurley, I have stated the facts as they existed at the of election issued. It was so reported by the com

Haighi, Harding, Harrison, Holman, Horton, Johnson, Kill

inger, Lansing, Law, Leary, Lebman, McKnight, Mc: time of the selection of this individual. If they mittee to the House, and the main point in the Pherson, Mallory. Maynard, Menzies, Moorhead, Morris, appear to this House to constitute such a state of objection taken to his being entitled to a seat upon Nixon, Noble, Noell, Olin, Pendleton, Perry, Timothy G things as I have described, then the committee this foor was, that the Governor of the State of

Phelps, Porier, Price, Alexander II. Rice, Richardson, Rid

dlc, Jaines S. Rollins, Sargent, Shellabarger, Benjamin F. will be sustained. If it appears to the House that Virginia had issued no writs of election, in con

Thomas, Francis Thomas, Train, Voorheez, Wadsworth, the facts constitute such a state of things that they formity with that provision of the Constitution Wallace, Ward, Webster, Whaley, Wicklife, and Woodcannot say that the Union voters of the district which requires it to be done in the case of vacan ruff--71. have had an opportunity to express their opinion, | cies. But now it is frankly admitted by the chair

NAYS_Messrs. Alley, Ashley, Baker, Benman, Bing

bam, Buffinton, Campbell, Chamberlin, Clark, Frederick and he shall be bid to await until these great and man of the committee, that all the forms and re

A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Edstirring events shall have had their consumma quisitions of law have been complied with, and, so gerton, Eliot, Fenton, Fessenden, Gooch, Hanchett, Ilutchtion, then, too, the committee will have been sus far as we are permitted to look into the case as it ins, Julian, Kelley, Knapp, Loomis, Lovejoy, Anson P. tained. It will be difficult for the House to pass is now presented to us, we have no inquiry to

Morrill, Justin S. Morrill, Pike, John H. Rice, Robinson,

Sedgwick, Shanks, Shettield, John B. Steele, William G. upon this question in any way which shall be make in regard to those facts that go behind and

Steele, Trimble, Trowbridge, Van Horn, Verree, Charles aguinst the committee.

beyond that election, but we are to take the cre W. Walton, Washburne, Wheeler, Albert 8. White, WiMr. NOELL. I do not desire to discuss the dentials which the applicant has presented here

son, Windom, and Worcester-47. merits of this question at all. The resolution Il for our consideration, and determine upon those So the amendment was agreed to.

During the roll-call,

row, listen to the statement of the case. I would Mr. BLAKE stated that Mr. Blair, of Penn- | myself desire to have it disposed of to-day: sylvania, had paired off with Mr. WEBSTER. By the returns of the election under which both

The result of the vole having been announced these parties claim a seat, held in October, 1860, as above recorded, the question recurred on agree as canvassed and certified by the board of caning to the resolution as amended; and being put, vassers, Mr. Morton hud 2,957 votes, and Mr. the resolution was adopted.

Daily 2,945 voles, leaving a majority of 12 for Mr. NOELL moved to reconsider the vote by Morion. The Governor of the Territory of Newhich the resolution was adopted; and also moved braska gave Mr. Morton the certificate of election, to lay the motion to reconsider upon the table. based on this cauvass. Subsequently to that, the The latter motion was agreed to.

same Governor of Nebraska gave Mr. Daily a Mr. Segar then appeared and was qualified || certificate that he had received the majority of the by taking the usual oath to support the Constitu votes, reciting in this certificate that certain votes tion of the United States.

counted in that canvass were fraudulentand bogus,

and that therefore Mr. Daily had received a maPERSONAL EXPLANATIONS.

jority of votes and was duly elected. Mr. WEBSTER. I rise to a personal expla The House will recollect that at the last session nation. During the call of the roll a moment ago, both these parties appeared before the House,

and the gentleman from Ohio (Mr. BLAKE) announced claimed to be sworn in, pending the contest. The that I was paired with Mr. Blair, of Pennsyl- || Clerk inserted Mr. Daily's name on the roll, and, vania. The gentleman was mistaken about that. when it was reached, it was objected to. On a I was paired with Mr. Blair on all questions in hearing had, it was finally decided, on the second wbich the nigger was involved; but not seeing the day of the session, that Mr. Daily should be sworn institution in that question, I voted.

in, and he was accordingly sworn in. SubseMr. WHITE, of Indiana. Allow me to add a quently Mr. Morton presented a memorial to the word in connection with the subject referred to by House, praying for a rehearing of the question as the gentleman from Maryland. I omitted to state, to who was entitled to the seat during the contest. at the proper time, that I was also requested by That memorial was referred to the Committee of Mr. Blair to state that he was paired with Mr. Elections. The committee heard both these parBAILEY, of Pennsylvania, on all questions except ties on that memorial and made a report, which the case of Mr. SEGAR. I make this statement in was sustained by the House. It was again dereference to the California case, and ask that it cided that Mr. Daily should occupy the seat pendmay be noted.

ing the contest. Thereupon a resolution, offered Mr. WASHBURNE. Mr. Speaker, I desire || by the gentleman from Illinois, (Mr. RICHARDSON,] to say that in the debate which we had the other was adopted, in these words: day, 1 regret the personal remarks and imputa “ Resolved, That the papers in the case of the contested tions on the gentleman from New York (Mr. Ros

seat for Delegate from the 'Territory of Nebraska be referred

to the Committee of Elections, and that they be authorized CoE CONKLING.) They were words used in the

to investigate and report on the same without regard to neheat of debate. They were unparliamentary also, tice; and that all other cases of contests for seats in this and out of order, and I ask the House to forget

House be also referred to that committee for investigation that they were ever made.

and report.” Mr. ROSCOE CONKLING. Mr. Speaker, I

This seemed necessary because of a statute proam glad that reflection has induced the statement

vision that notice of contest shall be given by any to which the House has just listened, and I avail person intending to contest a seat, within thirty myself of the opportunity to say that if on any days of the delivery of the certificate by the proper occasion the warmth of discussion has led me to authority. On the first certificate to Mr. Mordo violence to the proprieties of this place, or to ton, Mr. Daily had served a notice of contest on wound the feelings of any member of this body, || him, and that notice had been answered accordI regret it.

ing to the requirement of the statute. The par-
ties had proceeded under that state of

facts to preNEBRASKA CONTESTED ELECTION.

pare the case for consideration by the House. But Mr. DAWES. I rise to a question of privilege. when the relations of the parties were reversed I propose to call up at this time the contested-elec- l by the action of the House, and when Mr. Daily Lion case from Nebraska. I ask for the reading of || became the sitting Delegate, and Mr. Morton the the resolutions reported from the Committee of contestant, Mr. Morton would have been, were it Elections.

not for that resolution, laboring under the diffiThe resolutions were read, as follows:

culty that the thirty days had already expired. Resolred, That J. Sterling Morton is not entitled to a seat It was therefore eminenily just and proper for the in this House as a Delegale from the Territory of Nebraska House to adopt that resolution. The parties did in the Thirty-Seventh Congress. Resoltel, 'That Samuel G. Daily is entitled to a seat in

not proceed, at the last session, to a hearing bethis House as a Delegate from the Territory of Nebraska in

fore the committee. They appeared, however, at the Tbirty-Seventh Congress.

this session, and, on a case made up under the Mr. VOORHEES. I ask the gentleman from pleadings when the parties were reversed in order, Massachusetts to permit me to offer a usual reso

they proceeded to submit their case to the comlution.

miliee, and on these proceeilings the committee Mr. DAWES. I yield for that purpose.

has made iis report. The allegations made by the Mr.VOORHEES. I offer the following resolu

then contestant and now sitting member, are contion:

tained in House Miscellaneous Document of last Resolved, That J. Sterling Morton have leave to occupy

session, No. 4. They are thirteen in number. I A seat on the floor of this House, pending the discussion of

cannot read them over. I ask those members who the report of the Committee of Elections, on the case of his desire to understand the case so thoroughly as to contest for the seat now occupied by Samuel G. Daily as be able to decide it on their judgment as I know Delegate from Nebraska; and ihat be have leave to speak to the merits of said contest, and to the report thereon.

every member does—to look at these thirteen artiThe resolution was agreed to.

cles of specification on the part of Mr. Daily, and

then to look at Mr. Morton's reply, on the 3d Mr. VOORHEES. I now move to amend the page of that document. In order that the real first resolution reported from the Committee of merits of the issue may be understood, it is neElections, by striking out the word “not,” so that cessary that both of these be read. it will read,

The sitting member alleges that of the 2,957 Resolved, That J. Sterling Morton is entited to a seat in votes counted by the canvassers for Mr. Morton, this House, &c.

there were 122 voies returned or polled in the Mr. COX. I offer the following, as a substitute

northern district of L'eau-qui-court county, 18 for both resolutions:

votes returned from the Monroe precinct of Platte Resolved, That neither J. 8. Morton nor 8. G. Daily has

county, 39 votes returned as polled in the county been duly elected as Delegate from the Territory of Ne

of Buffalo, and 20 votes returned as polled in the braska in the House of Representatives, and that the seat Rulo precinct, Richardson county-in all, 199 is therefore bereby declared vacant, and that the Speaker of votes, which should be rejected from that count. the House do notify the Governor of said Territory of said I propose, if the House will do these parties the vacancy.

justice to listen, to call attention to the evidence Mr. DAWES. I do not know but that the in support of these allegations, and then to the House is already so weary of these election cases answer therelo. One hundred and twenty-two as not to desire to pay attention to them further votes were counted by the canvassers for Mr. to-day. But it is due to the parties in this case Morton for the northern precinct of L'eau-quithat ihe House should, either to-day or to-mor court county, which are charged by the sitting

member as being bogus, as being cast by a far less number of men, and also by men who were not residents of the Territory at all, except two of them. This northern precinct of L'eau-qui-court is situated on the Missouri river, on the outer line of the Territory, opposite the Yancton-Sioux Indian station in Dakota, with nothing but the Missouri river between them. It is claimed by the sitting member that some forty men from the Yancion-Sioux nation, and from the neighborhood around there, as they could be picked up, crossed over on that day, improvised an election, and cast 122 votes, all for ihe contestant, Mr. Morton. The evidence in support of this allegation comes from four witnesses, and from other circumstances surrounding the case. One of these witnesses was a man appointed as judge of the election, who had been a resident of the county for four years, who some two months before the election visited the spot and found but five resi. dents there, three of whom had left the place before the election, leaving only two others, whose names he gives.

One of the other witnesses acted as an officer of the election upon the day. Two of them voted on that day, and testified that they came over from Dakota Territory. One of them testifies that not more than twenty-five persons were present on that day, that a portion of these were half-breed Indians, and that some of them resided with the Yancton-Sioux Indian nation of Dakota. One resided in St. Louis, one in lowa, and all about there. One man by the name of Cox testifies more fully than all the others, but all substantially corroborate each other, and at this place, without the trouble or expense of travel or other inconvenience. They state that men went to this poll and voted, not only once, but several times, changing their clothes; and that having voted seve eral times for themselves, they then voted for their friends in a sort of proxy, calling out the name of a man, depositing a ballot in his behalf, and then entering his name upon the poll-book. There is in the list the name of one poor blind fiddler living in Sioux City, Iowa, one hundred and fifty miles distant, who had the blessed privilege of exercis. ing the elective franchise upon this occasion.

Now, sir, this testimony could have been easily refuted if there had been any such men there. If these men had lived there, and had been citizens of the Territory of Nebraska, it would have been the easiest thing imaginable to have proved it. Not only one, ten, twenty, but the whole one hundred and twenty-two voiers could have been produced to testify that they were there, residents, and voted properly, if the contestant had thought proper to incur the expense of bringing them. If ihe allegation of the sitting Delegate had been untrue, it would have been very easy to have exploded the whole statement. li he did not produce the whole one hundred and twenty-two, he might, at least, have so far respected the elective franchise as to have brought one.

But not a single witness was brought before the committee, not a single deposition was taken during the preparation of this case for a hearing before the committee upon the part of the contestant to show that there was a solitary voter resident there who cast his vote upon this occasion, save the two men named in this report.

The contestant contented himself with attacking the credibility of the witnesses introduced by the sitting Delegate. To one of them he brings the objection that he signed the return as one of the judges of election, certifying that there were one hundred and twenty-two votes cast; and to that extent it does shake the confidence of men in the testimony of this witness. When a witness, who was a judge of clection, certifies that one hundred and twenty-two legal votes were cast, and then lestifies under oath that the votes were not given by legal voters, his evidence must be taken with that degree of allowance that courts always give to the testimony of a man who turns State's evidence.

Two more of the witnesses the contestant undertakes to impeach, by saying that they were bribed upon the part of the sitting Delegate to testify. But the evidence before the committee is, that living in the extreme part of the Territory, in L'eau-qui-court county, and the testimony being taken during the cold weather in Noveinber, there being no such officers as are prescribed by the United States statutes for the taking of testi

braska.

mony in that county, they were sent for to come that for the 122 votes cast for the contestant at this as he could travel through during the day of elecdown to Omaha, the capital of the Territory, and precinct there were not present more than 25 to 40 tion. Now, whether that provision of the statute there give their evidence before the district judge, io do the voting.

should be held strictly a requisite on this occasion or the proper oficer, whoever he was. They were But there is another piece of testimony more or not, there is another provision which is fatal to hired io come down, and were forty days absent decisive and controlling than this. There were this vote, and that is this: the act of Congress orfrom their homes. One of them was paid $100 | 77 votes cast at the old established precinct of ganizing the Territory of Nebraska, in the first for coming down to give this testimony, and the L'eau-qui-court county about which there is no

section says: other fifiy dollars. I believe these were the sums dispute. They are admitted by both parties to be Provided, further, That nothing in this act contained they were respectively paid. It is claimed by the honest votes. But the census of the county-the

shall be construed to impair the riglits of person or property contestant that they were hired in consideration United States census-taken that very summer,

now pertaining to the Indians in said Territory so long as

such rights shall remain unextinguished by treaty between of this $100 and this fifty dollars to give a par- closed up the 1st day of November, while this

the United States and such Indians, or to include any Terticular kind of testimony, rather than merely to vote was taken in October, discloses that all the ritory which, by treaty with any Indian tribe, is not, withhave their expenses and time paid to come down inhabitants of the county-men, women, and

out the consent of said tribe, to be included within the terto Omaha to iell the simple truth. The contestant children, all told-were only one hundred fifty

ritorial limits or jurisdiction of any State or Territory; but

ail such territory shall be cxcepted out of the boundaries, introduces testimony to show that fact, and argues two. Now add the 77 lawful votes cast to the 122

and constitute no part of the l'erritory of Nebraska, until that that was the purpose of the sitting Delegate votes claimed by the contestant to have been law said tribe shall signify their assent to the President of thic in hiring them, or of his friends, for it is not fully cast at the northern precinct, and you have

United States to be included within said Territory of NCclaimed ihat the sitting member himself paid them, 199 votes cast in a county in which the census but that the money was paid by parties interested shows there werc, all told, but one hundred and It was not claimed before the committee, nor do in the election. The person who hired these wit fifty-two men, women, and children. So that there the committee understand it to be true in fact, that nesses stales frankly ihat he hired them to come were 43 votes more cast than there were inhabit the Pawnees have ever made any such stipulation dowy because he could not induce them to come ants in the county.

in their treaty as is here mentioned, or that they that distance in the cold weather without paying The committee, under these circumstances,

have ever signified their assent to the President of them these extra expenses. But there is nothing could not doubt that something was the matter

the United States to have their reserves included against their testimony growing out of this im- || that the ratio between the number of inhabitants within the boundaries or constitute a part of the putation.

and the number of voters had had a wonderfully || Territory of Nebraska. It follows, therefore, that There is, however, a witness by the name of strange twist. This ratio has been a matter of persons residing upon this reserve are residents Cox, about whom nothing has been said by the much discussion. Sometimes it has been placed upon no part of the Territory of Nebraska, and contestant, against whose testimony there is no at one voter to three inhabitants, sometimes one

are not entitled to vote therein. They have just charge imputing anything against his credibility, to four, and sometimes one to five, changing in as much right to vote in Nebraska as they have He stands without any reflection of any kind, and the different States; but it never came to my rec

to vote in Kansas, or in any other State. It is he testifies and corroborates the whole story sworn ollection before that there could be four voters to not claimed by anybody that these parties did not to by these three other witnesses; so there is one one inhabitant. (Laughter.] I think, therefore, reside on the Pawnee reservation. It is only witness to this point whose character stands un taking the testimony altogether, there can be no claimed on the part of the contestant that they impeached. There is the testimony of another, doubt that this precinct must have been what it had the right to vote, because it had been customwho certifies to the contrary in his official capa is charged with being—one gotten up altogetherary to let them vote; but he does not dispute the city as judge of the election; and there is the test for the occasion.

fact that the testimony shows it most conclusively imony of iwo others to the same fact, who were I am sorry to say that I see there the name of a to be true that they actually voted, although they hired to come down from the extreme part of the gentleman who figures on the rolls of this House. I resided upon the Pawnee Indian reservation. I Territory to give their testimony. wish that he had given his deposition in this case.

state that that Pawnee reservation is as much a The contestant has borrowed an affidavit and I wish that during all the time that passed after part of Nebraska as it is a part of Massachusetts, offered it before the committee; he has borrowed the session of July last there had been a notice on and no more, and that I would have as much righi it from another gentleman, who took it in another the part of Mr. Morton, so that he could have to vote on the election of a Delegate to Congress case, without any notice, of course, to the sitting had an opportunity to have told his story. True, | from Nebraska as anybody who lived upon that Delegate. He borrowed it of a gentleman in Da after the testimony was all in, after it was too late reservation. That, sir, disposes of the votes in kota Territory, who took it in a legal matter, I to take testimony on one side or the other, an

this precinct. believe, which he was investigating in a court con offer was made to produce this man before the The next is the case of Buffalo county, where cerning matters in L'eau-qui-court county, or the committee to testify. It was objected by the sit

39 votes were polled for the contestant. It is set northern precinct of that county. Having used ting Delegate that to take his testimony at this late forth in the specification of the contestant challengthe affidavit for his own purpose, he was kind | day, when the hearing had commenced, affording | ing this vote, that the county of Buffalo had never enough to lend it to the contestant in this case, him no opportunity of taking rebutting testimony, || been organized, and that therefore there could be and the contestant offered it to the committee. i would noi be fair or just. The committee, there no precinct there at which to hold an election. It think the affidavit is from the man who hired these fore, were of the opinion that the 122 votes cast is provided by the Legislature of the Territory of witnesses to come down to Omaha City to testify. at the northern precinct of L'eau-qui-court county

NebraskaHe does not say he paid them the money to come should be rejected.

66 That whenever the citizens of any unorganized county down and testify one way or the other, but he Next comes the Monroe precinct of Platte

desire to have the same organized, they may make appli

cation by petition, in writing, signed by a majority of the gave it to them to come down and testify. county. It is urged on the part of the sitting mem

legal voters of said county, to the judge of probate of the Another affidavit that gentleman was kind ber that of the persons who voted in the Monroe county to which such unorganized county is attached; enough to lend the contestant is of another person precinct, in the county of Platte, five were not res whereupon said judge of probate shall order an election for who testifies that he asked these men beforehand idents of the last-mentioned precinct, or county,

county officers in such unorganized county." what they would testify; that they stated they and the rest were inhabitants and then residents This claim on the part of the sitting member, would testify so and so, and then they were hired of the Pawnee Indian reservation. The testi that this was an unorganized county, and that to go down to Omaha. There are affidavits taken mony on this point is set forth in full in the report, | nobody could legally vote there, was made prein another case, with which neither of the parties and I have not time now to repeat it. I ask the cisely in the same form during the last Congress. to the case now before the House had anything | members of the House to read it and satisfy them- | Certain men voted in the election for a Delegate to to do, of which neither party had notice, and in selves. There is no conflict touching it. There | Congress from Nebraska, while residing in Bufreference to which neither party was present to put || is nothing said on the part of the contestant to falo county, and it was alleged then, as it is alleged questions to the witness. The committee, although qualify it. It is the testimony of Charles H. Wha now, that this was an unorganized county, and they admitted, as instructed by the House, all the ley, then a resident of the precinct, and who had that those votes should be thrown out. The evidence presented without regard to the notice of been a representative in the Legislature of the Ter- | parties took the testimony of the Governor, and contest, where both parties were present to put ritory. I have heard nothing against his reliabil- || recited at full length the laws in relation to the cross-interrogatories, yet felt themselves bound to ity, and I have nothing, therefore, to say on the organization of counties in Nebraska, and it was exclude the affidavits borrowed from a third party || subject until it is questioned. He supports the | agreed that the testimony then taken should be not taken in the presence of or with the knowledge allegation of the sitting member. It appears from held to apply to this case. The testimony of of either party to this contest. If they had been his testimony that nearly all of these voters were Samuel W. Black, Governor of Nebraska Terriadmitted, they amount to simply this: one of them at the time residents upon the Pawnee Indian res tory, and of others, on this point, was laid before sets forth distinctly that before these parties were ervation, and that when challenged, they took the the Committee of Elections at the last Congress, hired to go down to Omaha, the party hiring them oath with the condition attached-provided the and that committee reported (which report was made inquiry of them how they would testify, and Pawnee Indian reservation was considered a part | adopted by this House) that this was an unorthey declared that they would testify so and so, of Platte county. The statutes of Nebraska re ganized county; and, therefore, that as a preceas ihey subsequently did testify. - The other is . quire, as the qualification of a voter, that he shall dent in favor of the decision by the House at this an affidavit taken, l' have no doubt, in Dakota | reside in the Territory forty days, in the county | time, that the county of Buffalo is an unorganized Territory for the purpose of showing that these twenty days next preceding the election, and at county, and that the votes cast there ought to be parties were hired to go down there and testify; || the precinct in which he votes at the time of the thrown out. If gentlemen will look at the evibut I submit that neither affidavit pretends to election. This man testifies that the parties re dence they cannot entertain a doubt that that was show that they were hired to go there to testify | sided on the Pawnce Indian reservation. It is a correct conclusion, and that this is an unorganin a particular way. That is all that is produced shown that the Pawnee Indian reservation is not ized county. The officers obtained their comby the contestant to meet the testimony of these within the Monroe precinct, and it therefore fol missions by recommendations of a mecting got up four witnesses, the character of one of whom is lows, as a matter of course, that these men had no and attended by a half dozen, or such a matter, unimpeached and unimpeachable, that the men right to vote at that precinct.. As I have said, the l of their friends. The proceedings of the meeting who pretended to vote in this precinct came from statutes of Nebraska declared that the voter should were signed by the president and secretary and the four quarters of the globe, almost; that there vote in the precinct where he resided at the time, forwarded to the Governor, who, upon the strength were but two residents of L'eau-qui-court county which is a very proper provision, for if it were of it, commissioned the officers so chosen; al. who voted at that precinct on that occasion, and ll otherwise, a man might vote in as many precincts I though there is no law authorizing him to issu:

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