INDEX.

A.

Abatement-If a petitioner fails to appear and prosecute his petition, the inquiry does
not, of necessity, abate, but may still proceed, at the will of the House.
Kelly vs. Harris

Adams, John, of N. Y.-His seat successfully contested by Erastus Root
Adams, Parmenio, of N. Y.-Successfully contests the seat of Isaac Wilson
Adjournment of the poll-In Virginia, the sheriff has a discretionary power to adjourn
the poll to the second day, in consequence of rain.
Trigg vs. Preston

The sheriff has also the like power to close the poll at any time of the day
after three proclamations made, and no voters appearing

ib. 78

But he has no power to adjourn, except in the actual happening of the con-
tingencies mentioned in the law; whether they have occurred, is a ques-
tion of fact, allowing no discretion to the officer.

Bassett vs. Bayley

The mayor of Norfolk, in Virginia, has, by law, the same power that the
sheriffs of the counties have, in regard to adjournments.

Loyall vs. Newton

The law is not to be so construed as to give more than three days to the
entire election.

256

523

Agreement-By parties, can neither enlarge nor diminish the elective franchise of

Draper vs. Johnston

voters.

Porterfield vs. McCoy

Effect of, in regard to the admission of votes.
Draper vs. Johnston

Varnum's case

705

269

706

112

Allegations-As to the certainty with which they should be set forth in a petition.

Though it be a general rule that a petition should state distinctly the grounds
of charge against a member, yet it seems that the defendant may waive this
strictness, and allow new charges, not contained in the petition, to be
inquired into.

If unsupported by evidence, ought not to receive the elaborate attention of

Key's case

the committee.

Lyon vs. Bates

Allegiance-Mr. Madison's views of the rights and duties incurred by it

Mr. Jackson in opposition to Mr. M.
Appointment-The Executive of a State may not appoint to a vacancy in the Senate
which shall happen in the recess of the Legislature, but which does not
exist at the time.

Lanman's case

871

Arkansas Territory-Matthew Lyon, of said Territory, contests the seat of James W.

Bates

372

Arnold, Thomas D., of Ten.-Contests, unsuccessfully, the seat of Pryor Lea, alleging
corrupt practices at the election

601

His speech on the case

608, 665

B.

Bailey, John, of Mass.-His election contested on the ground that he was not an in-
habitant of the State. At the time of the election he was a clerk in the
Department of State, at Washington, and it was decided by the House
that he was not eligible
Proceedings of the House on the case

Page.

Ballots and
Ballot box

The law of Delaware requiring a voter to place on his ticket the names
of two persons, one of whom shall not be of the same county with him-
self, seems not to be repugnant to the constitution.
Latimer vs. Patton

69

Ballot box placed in the custody of a person not authorized to receive it,
and not locked.

Van Rensselaer vs. Van Allen

73

When the election is by ballot, the voter cannot be compelled to disclose the
name of the candidate for whom he voted.

Easton vs. Scott

276

Quere, as to the latitude of the investigation where the voting is by ballot.
Reed vs. Cosden

358

Whether a ballot, having a mark of erasure upon it, be intended as a blank
or not, is a question to be decided by the inspectors of the election.
Adams vs. Wilson

375

ib.

602

ib.

681

ib.

Duplicate or folded ballots, which are prohibited by the laws of New York,
are not to be counted, even as single votes

In regard to the legal custody of the ballot box, see

Washburn vs. Ripley

A ballot with two names allowed as one ticket

Bard, David, of Pa.-Admitted to his seat, though the return of votes had not been
made within the time required by law

Barney, Joshua, of Md.-Contests the election of W. McCreery. His district was en-
titled to send two members, one of whom the State law required to reside
in the city, and the other in the county of Baltimore. Mr. McC. having been
returned as a member for the city, it was alleged against him that he did
not reside in the city; but it was adjudged that the law requiring a parti-
cular residence was repugnant to the constitution of the United States, and
that he was entitled to his seat

Bassett, Burwell, of Va.-Contests the seat of Thomas M. Bayley, charging an illegal
adjournment of the poll, by the sheriff of Accomack county, and it appear-
ed to be so; but, setting aside the votes of that county, there was a majority
in favor of the sitting member, and he was declared entitled to his seat
Bates, James W., of Arkansas-See M. Lyon
Bayley, Thomas M.-See Bassett

Baylies, William, of Mass.-His seat contested by Charles Turner, to whom it was
awarded

Biddle, John, of Mich.-Contests the election of Gabriel Richard, on the ground that
he was an alien, and had not been duly naturalized; or, if so, that he had
not been one year a citizen prior to the election; but both points being
decided in favor of the sitting delegate, he retained his seat
Bowers, John M., of N. Y.--His seat contested by, and awarded to, Isaac Williams,
junior

Boudinot, Elias, of N. J.-His speech on the legality of his election

Cabell, Samuel J., of Va.-Contests the seat of Thomas M. Randolph, but, failing to
produce proofs, the latter is declared entitled to his seat
Canvassers of votes-Are ministerial and not judicial officers, and their errors are to be
corrected by the House.

Certainty-In a petition, should be such as to present for trial the whole merits of
the case

Biddle and Richard vs. Wing

Leib's case

That votes are given by persons unqualified, and by proxy, how to be stated
in a petition.

Barnum's case

Citizen and citizenship-W. Smith, while a youth, was, before the revolution, sent to
Europe for his education, and was absent till after the peace of 1783.
Having been elected to Congress in 1789, his seat was contested on the
ground that he had not been seven years a citizen of the United States;
but the House decided that he was entitled to his seat.

Ramsay vs. Smith

165

112

23

Citizen and citizenship-The right of citizenship seems to be acquired by birth.
Ramsay vs. Smith

ib.

Page.

23 to 37

32

Mr. Madison's views thereon
Where the law requires one to be a citizen and to have resided one year in
the Territory to be entitled to a vote, it is sufficient if the residence have
been complete, though the voter have not been the whole time a citizen;
provided he have been naturalized at the time of the election.
Biddle vs. Richard

Difference between citizen and inhabitant.

Bailey's case

A residence in one of the States over nine years, and the taking of an oath
of allegiance thereto, does not qualify one as a "citizen of the United
States," to be elected to a seat in the Senate.
Gallatin's case

Clayton, Mr., of Ga.-His preamble and resolution in the case of Letcher and Moore
Cosden, Jeremiah, of Md.--Seat of, contested successfully by Philip Reed
Counsel-Opinion relative to the admission of, in cases of contests for seats
Credentials-What are necessary to entitle a member to take his seat.

B. Edwards's case

To the same point. See Letcher vs. Moore

Also, Potter vs. Robbins.

409

415

851

848

Culpepper, John, of N. C.-His seat contested by Duncan McFarland, and declared
vacant, chiefly because some of the clerks of election were not sworn
agreeably to law

D.

Deaf and dumb-The votes of, allowed to be received, even where the law requires
viva voce voting.

Letcher vs. Moore

Defence--Of the nature of the charges to which a partý may be called on to make
defence.

Of the notice necessary to put a party to the charge of collecting defen-
sive proofs.

Varnum's case

Taliaferro vs. Hungerford

Delaware-Contest between Henry Latimer and John Patton, of said State
Delegates-Have a right to sit and debate in the House, but not vote.

White's case

Not required to be sworn

Demurrer-To the allegations of the petitioner, for uncertainty, allowed by the House.
Varnum's case

Draper, Joseph, of Va.-Contests unsuccessfully the seat of Charles C. Johnston
Duplicate votes-Question respecting them in the case of Reed vs. Cosden

Also, Ripley vs. Washburn
E.

Earl, Elias, of S. C.-Having been elected to Congress while he held an office under
the United States, he was deemed to be included in the exception made to
the right of Mr. Herrick to his seat, and a special report was made by the
committee on his case: it was favorable to him

Easton, Rufus, of Miss. Ter.-Successfully contests the seat of John Scott
Edwards, Benjamin, of Md.-Quere as to the sufficiency of his credentials
Election-Meaning of the term.

If there is a tie at an election, the event cannot be referred to the Governor
and Council for decision: the choice must be by the people ib.
Election officers-The law of Georgia requires that three magistrates should preside at
elections held that a return by three persons, two of whom were not ma-
gistrates, was defective.

Jackson vs. Wayne

Their neglect to be sworn, if required to be on oath, will vitiate their pro-
ceedings.

221

751

112

248

69

85

ib.

113

702

353

679

314

273

92

354

354

47

221

710

Election officers--If two clerks are required, acts done by one insufficient; so if they

are not sworn.

Easton vs. Scott

Persons appearing as such, and performing the appropriate acts, colore officii,
are presumed to have been well appointed: no others claiming the right
of acting.

Equitable estate-Does not qualify a voter; he must possess the freehold.
Porterfield vs. MeCoy

Error-Committed by election officers, to be corrected by the House, which has a
supervising power over such officers.
Biddle and Richard vs. Wing

Evidence--Debate on the mode of taking, in cases of contested elections

Same in regard to the New Jersey election

Temporary act prescribing the mode of taking evidence

Taken ex parte, inadmissible.

Spaulding vs. Mead

But if taken on due notice, admissible.

Page.

276

270

513

12

38, 42

16, 44

158

237

Ought not to be permitted, of any fact, not substantially averred in the pe-
tition.

Leib's case

165

Turner vs. Baylies

Returns by State authorities are only prima facie and not conclusive evidence.
Spaulding vs. Mead

It is no objection to evidence otherwise proper, that it is not taken agreea-
bly to the rules prescribed for similar evidence in cases of contest in the
State Legislature.

Porterfield vs. McCoy

267

All votes recorded on the poll list are prima facie good: so are certified co-
pies of poll lists

The affidavit of a voter may be read in evidence to prove his own right to

The inspectors of an election may be received to testify to mistakes com-
mitted by them in making their returns.

Adams vs. Wilson

375

The land lists are evidence in Virginia of the owner's right to vote; and a
voter may by his own oath prove his right to vote.

Loyall vs. Newton"

522

Reference to the Judiciary Committee to determine what parts of the do-
cumentary evidence should be printed.

Fisher, George, of N. Y.-His seat successfully contested by Silas Wright
Fitzgerald, William, of Ten.-Some depositions tending to impeach his election

referred to the committee, but no report made

Forsyth, John, of Geo.-His right to a seat questioned on the ground of his having
been a minister in Spain at the time of his election, and therefore not
66 an inhabitant" of Georgia; but it was decided by the House that he
was eligible

Freehold-Must in Virginia be acquired before the election, but it is not essential
that it should have been held six months prior thereto : it is otherwise as
to the possession.

Taliaferro vs. Hungerford

Qualifies the voter only in the county where the land lies, and not else-
where in the State.

Gallatin, Albert, of Pa.-His seat contested in the Senate by reason of his not hav-
ing been nine years a citizen of the United States at the time of election

269

702

851

Gallatin, Albert, of Pa.-Debate on the case of

His election declared void

Georgia-See case of Jackson vs. Wayne

See case of Spaulding vs. Mead

Quere as to the right of John Forsyth, of, to his seat

Guyon, James, of N. Y.-Contests the seat of Ebenezer Sage, alleging the injustice
of the inspectors in omitting on their return the addition of the word
"junior" to his name. He was admitted to his seat

H.

Hammond, Charles, of Ohio-Contests the seat of Samuel Herrick, alleging that he
was not eligible by reason of his holding, at the time of his election, the
office of district attorney of the United States; that he had resigned the
office prior to his taking the seat. It was decided by the House that Mr.
Herrick was entitled to hold his seat

Harris, Thomas K., of Ten.-His seat contested by William Kelly, but without

success

Herrick, Samuel, of Ohio-See Hammond.
Hoge, John, of Pa.-His election to fill a vacancy contested, on the ground that an in-
sufficient notice was given of the time and place of holding it; but,
though the notice was short, it was held, from the special circumstances
of the case, to be sufficient

Hungerford, John P., of Va.-His seat contested by John Taliaferro, to whom, on
the hearing of the case, it was awarded
Again contested by the same

Page.

859

867

47

156

497

348

Hunter, Narsworthy, Delegate of Miss. Ter.-On inquiry into his right to a seat, it
was admitted that the Territory was entitled to a Delegate, and that he
was duly elected
Hugunin, Daniel, of N. Y.-Contests the seat of Egbert Ten Eyck, of which he had
been deprived by the omission of the inspectors to add the word “junior”
to his name in their return

I.

Indiana Ter.-Thos. Randolph contests the seat of Jonathan Jennings, Delegate from,
Indians-Whether they are entitled to vote, having the other requisite qualifications,
must depend on their nearer or more remote assimilation to the great
body of the civilized community.

Biddle and Richard vs. Wing

Inhabitant-On the 18th of September Mr. Key went into Maryland, declaring his
intention of making that State his place of residence; on the 6th of Oc-
tober following he was elected to Congress. It was held, on a contest,
that he was entitled to hold his seat.

Legal definition of

120

501

240

512

224
415

ib.

416, 417

Though a person in the employ of the Government, at Washington, ceases
to be an inhabitant of a State, so as to be eligible to Congress, it is other-
wise with one who represents the sovereignty of the Union at a foreign

court

Intimidation-The committee will not inquire whether persons have been prevent-
ed from voting by fear, nor will they examine into the causes which have
prevented a candidate from getting a majority of the votes.

Biddle and Richard vs. Wing

Irregularities-In the election, complained of.

Van Rensselaer vs. Van Allen

Randolph vs. Jennings

J.

Jackson, James, of Ga.-Contests the election of Anthony Wayne, on the allegation,
1st, that in one county more votes were received than the whole number
of qualified voters, and that the election was not held by the officers re-
quired by law. 2d, that the return of another county was suppressed,
and other irregularities; and the decision being against the sitting mem-
ber, the seat was declared vacant by the House -

ib. 418

506

73

240

47 to 65