Jennings, Jonathan, Delegate of Ind. Ter.-His scat contested by T. Randolph, on
the allegation, 1st, that the poll book was not duly signed; and, 2d, the
neglect of the sheriff to appoint judges of the election, whereby a part
of the voters were prevented from voting. The report of the committee
was adverse to him, but no final vote of the House was had upon it
Johnston, Charles C., of Va.-His seat contested by Joseph Draper unsuccessfully
Junior-The omission of it on ballots evidently intended for a candidate known by
that addition, will not deprive him of the benefit of the votes, if such in-
tention can be clearly shown.

Charles Turner, jun. vs. Baylies

Omission of it by the inspectors complained of.

Williams vs. Bowers

Willoughby vs. Smith

Guyon vs. Sage

Hugunin vs. Ten Eyck

Wright vs. Fisher

K.

Kelly, William, of Ten.-Contests unsuccessfully the seat of Thomas K. Harris
Kentucky-Contest between Letcher and Moore, of said State

Rules adopted by the committee in that case
Further rules

Key, Philip B., of Md.-His seat contested, on the charge that he was not, at the
time of his election, an inhabitant of the State, but the decision was in
his favor, and he was confirmed in his seat

Page.

240

702

235

264

265

348

501

518

260

Land—Is a qualification of a voter in Virginia only in the county in which it lies,
and it must be a freehold estate.

Porterfield vs. McCoy

Land lists-(See tax lists.) In Virginia those of the preceding year are prima fa-
cie evidence of the qualifications, as voters, of those whose names ap-
pear thereon.

Taliaferro vs. Hungerford

But this evidence may be rebutted

Lanman, James, of Con.-Was, in the recess of the Legislature, appointed by the
Governor, on the 8th of February, to fill a vacancy which would be created
by the expiration of his term in the Senate on the 4th of March. Held
that this appointment was illegal and void

Latimer, Henry, of Del.-Contests the seat of John Patton, chiefly on the ground
that the election law of the State, requiring each voter to place on his
ticket the names of two persons, one of whom shall not be an inhabitant
of the same county with himself, had not been complied with, and that,
rejecting the votes not in conformity with that law, he was elected. The
House being of this opinion, awarded to him the seat.

Lea, Pryor, of Ten.-His seat contested by Thomas D. Arnold

Leib, Michael, of Pa.-His election was contested on grounds so vague and inde-
finite, that it was decided by the House that he ought not to be held to
answer to the charges; and the petitioners had leave to withdraw their
petition
Letcher, Robert P., of Ky.-Claims a seat in the 23d Congress, in opposition to
Thomas P. Moore, who had been returned by the Governor as elected.
The House being unable to determine who was the rightful Representa-
tive, declare the seat vacant

His statement to the committee
Proceedings in the House in his case

Loyall, George, of Va.-Contests successfully the election of Thomas Newton
His speech in the case

Lyon, Matthew, of Arkansas-Contests the seat of James W. Bates, the Delegate;
but having furnished no testimony in support of his petition, he had leave
to withdraw it

Lyon, Matthew, of Vt.-Contests unsuccessfully the seat of Israel Smith

372

101

M.

Madison, James-His speech in the case of Ramsay vs. Smith, and upon the modes
by which citizenship may be acquired

His views of the allegiance due by the citizen

Maine-Contest of Washburn vs. Ripley

Mallary, Rollin C., of Vt.-Contests the seat of O. C. Merrill, alleging irregularities
by which he had been deprived of votes sufficient to give him a majority.
He was admitted to the seat by the vote of the House. (See Returns)
His speech on the trial

Maryland-See case of J. F. Mercer-Quere as to the mode of resigning a seat
Credentials of B. Edwards, of, called in question

Barney vs. McCreery-Contest of

Case of P. B. Key, of

Case of Reed vs. Cosden

Massachusetts-Seat of J. B. Varnum, of, contested

Turner vs. Baylies, contest of. (See Junior)
Case of John Bailey, of

Page.

32

33

679

328

157

Mead, Cowles, of Ga.-His seat successfully contested by Thomas Spaulding. (See
State laws)

McCoy, William, of Va.-His seat contested by Robert Porterfield, who alleged
various irregularities in the election, but the decisión of the House was
in favor of the sitting member

McCreery, William, of Md.—His seat contested by Joshua Barney, unsuccessfully.
(See State laws)
McFarland, Duncan, of N. C.-Contests the seat of Samuel D. Purviance, alleging
the neglect of the election officers to take the oath required by law, and
of their irregularities; but as these charges were confined, by the proof,
to a part of the district only, he was allowed to retain his seat
Contests successfully the seat of John Culpepper; election officers not
sworn, &c.

Mercer, John F., of Md.—Was elected to fill a vacancy occasioned by the resignation
of W. Pinkney, and the question was, whether the fact of his resignation
sufficiently appeared

Membership-Inquiry when its incidents commence.

267

167

131

221

44

292, 295

293

328

504

407

Military force-The presence of, ought not to be allowed to interfere with the free-

dom of elections.

Trigg vs. Preston

79

Debate on the charge of an interruption of an election by federal troops ib. 80, 81
Minority report-In the case of Letcher and Moore

Mississippi Territory-Inquiry into the right of the Delegate of, to a seat
Missouri Territory-Contest of Easton vs. Scott

Moore, Thomas P., of Ky.-His election contested by Robert P. Letcher

Moore, Andrew, of Va.-Contests the seat of Thomas Lewis, successfully

N.

Names-Of voters to be entered in full on the poll book, and not by the initials only.

Taliaferro vs. Hungerford

Naturalization-May be acquired on application to the county courts of the territo-

ries of the United States.

Biddle vs. Richard

New Jersey members-Their seats contested

Newton, Thomas, of Va.-His seat successfully contested by George Loyall

251

408

38

520

New York-Contest between Van Rensselaer and Van Allen

The seat of John P. Van Ness, a member from, vacated by the accept-
ance of an office under the United States

Contest between P. Adams and Isaac Wilson, of said State

North Carolina-See McFarland vs. Purviance

See McFarland vs. Culpepper

See case of George Mumford

Notice Of the time of holding election, if, without fraud, it be omitted, as to incon-
siderable portions of a district, and the general result be not thereby af
fected, it will not be cause for setting aside the return.

Lyon vs. Smith -

of the time and place of holding an election, to fill a vacancy, may be giv-
en by the Governor, in his writ of election, when the State has failed to
prescribe the terms of such notice; but a reasonable time should be al-
lowed for the promulgation of the notice.

Hoge's case

For taking evidence, ought to state, with reasonable certainty, the charges
to which the evidence is to apply.

Easton vs. Scott -

0.

Page.

73

122

263

265

265

271

348

501

518

369

373

131

221

316

101, 110

Oaths-The neglect or refusal of the officers of election to take those prescribed
by law, will vitiate their acts.

136

284

McFarland vs. Purviance

131

Mc Farland vs. Culpepper

221

Where the law required the clerks to be sworn that they would take the
poll impartially, &c. held sufficient, if they make oath to the truth of
their return after the closing of the poll.

Porterfield vs. McCoy

267

It is not essential that a return of the oath should be made on the poll book :
the fact that it was taken may be proved aliunde.

Easton vs. Scott

281

Office-The acceptance of any office under the United States by a member, after he
has taken his seat, operates a forfeiture of the seat.

Van Ness's case

122

Inquiry as to members who have been appointed to office, with a list of
such

As to the effect of holding office after an election to Congress.

Onus probandi-Votes received by the board of inspectors are prima facie good, and
it lies on him who impeaches them to prove them bad.

289

291

314, 316

706

Draper vs. Johnston

P.

Patton, John, of Del.-His seat contested by Henry Latimer, to whom it is awarded
Pennsylvania-Contest of the seat of John Swanwick, of said State

Petition-Ought to state the grounds of objection to the sitting member with such
certainty as to allow the merits of the case to be fully tried.

Leib's case

See also Varnum's case

Does not abate by the failure of the petitioner to appear and prosecute it
before the House.

Kelly vs. Harris -

Poll book-Is prima facie evidence of the qualifications of those recorded on it as

voters.

Porterfield vs. McCoy

Letcher vs. Moore

The withholding of it, by a sheriff, reprehended.

Poll-Not to be kept open in Virginia more than three entire days. (See e Adjourn-

ment.)

Draper vs. Johnston

Porterfield, Robert, of Virginia-Contests the seat of William McCoy unsuccessfully
Potter, Elisha R., of R. I.-Contests the seat of Asher Robbins in the Senate
Motion to allow pay and mileage to Mr. Potter, though not entitled to his

seat

Report of the committee on the case
Report by the minority

Preston, Francis, of Va.-His seat contested by A. Trigg, on the ground of an alleg-
ed interference of the federal troops; and also on the suggestion of an
undue adjournment of the poll by the sheriff. The Committee of Elec-
tions reported against the validity of the election on the first ground, but
were of opinion that the acts of the sheriff were consonant to the law of
Virginia. The House, however, reversed the decision of the committee,
and confirmed the election

Proofs (See Evidence.) A party petitioning ought, within convenient time, to pro-
duce to the committee or to the House the evidence on which he relies.
Cabell vs. Randolph

Property-As a qualification of a voter, sufficient in Virginia, if the freehold title be
obtained at any time before the election, provided there has been six
months' possession prior thereto.

Taliaferro vs. Hungerford

Proxy-Votes given by proxy to be rejected

Of the allegation that votes are so given.

Varnum's case

Purviance, S. D., of N. C.-His seat unsuccessfully contested by D, McFarland

Q.

Qualifications-Of members, as fixed by the constitution, can neither be enlarged nor

restricted by State laws.

168

Barney vs. McCreery

By property: six months' possession of land sufficient in Virginia, if the
voter obtains the legal title at any time before the election.

253

Taliaferro vs. Hungerford

Porterfield vs. McCoy -

Freeholders in Virginia may vote in that county in which they have compe-
tent possessions, though they do not reside therein.

269

Where a year's residence is required of a voter, and that he be a citizen, an
alien, having the competent residence, may vote, provided he have been
naturalized at any time before the election.

Biddle vs. Richard

409

In regard to voting on property in Virginia, see rules laid down in the case
of Draper vs. Johnston

702

R.

Ramsay, Duvid, of S. C.-Contests the election of William Smith, on the allegation
that he had not been seven years a citizen of the United States, but the
charge was not sustained

Randolph, Thomas M., of Va.-His seat unsuccessfully contested by Saml. J. Cabell
Randolph, Thomas, of Ind.-Contests unsuccessfully the seat of Jonathan Jennings,
Delegate
Reed, Philip, of Md.-Contests the seat of J. Cosden. At the election each had an
equal number of votes; and, agreeably to a law of the State, the Gover-
nor and Council proceeded to decide who should be the Representative,
and determined in favor of Mr. Cosden; against which decision the pe-
titioner appealed to the House, and was admitted to the seat
Residence-A State law restraining the residence of a member to any particular part
of a district for which he may be chosen, is contrary to the constitution,
and void.

Barney vs. McCreery

What necessary to qualify a voter.

Letcher vs. Moore

Resignation-A member. may resign his seat to the Governor of a State, who is,
thereupon, justified in issuing a writ of election to fill the vacancy.
Mercer's case

Same point in B. Edwards's case

Return of votes-Though not made within the time limited by law, may, under certain
circumstances, be received and counted.

Page.

134

240

353

163

752

44

92

Richards's case

95

Where the law required it to be made in October, but it was not made till
the May following, the irregularity was not deemed a sufficient cause
for setting aside the election.

Bard's case

116

Where the final returns are informal, the committee may call for the pri-
mary or county returns

ib. 117

Made to the State authorities are prima facie evidence only.

Spaulding vs. Mead
Bassett vs. Bayley

159

255

A law requiring votes to be "set down in writing," is sufficiently complied
with if they be stated in figures.

Easton vs. Scott

If it be required to be made under seal, and it be not so made, the votes
are not, for that reason, and in the absence of fraud, to be rejected.
Mallary vs. Merrill

A literal compliance with the forms is not required, if the spirit of the law
is not violated

Where, through the default of a person to whom the votes were entrusted,
no return of them was made, they were allowed to be counted to the pe-
titioner, for whom they were given

281

329

ib. 330

ib. 331

All the tickets in a ballot box should be returned by the election officers,
but if votes, by mistake, have been put into the "wrong box," they are
not justified in counting them.
Ripley vs. Washburn

Richards, John, of Pa.-Was the competitor of J. Morris at the election; from the
state of the votes, the Governor was in doubt who was elected, and de-
clined giving his official certificate to either. Before the meeting of
Congress Mr. Morris died, and Mr. R. petitioned for the seat, which, on
an investigation of the returns, was awarded to him by the House
Ripley, James W., of Me.-His seat contested by R. Washburn unsuccessfully
Robbins, Asher, of R. I.—His seat in the Senate contested by E. R. Potter, on the
ground that the Legislature by which he was elected had not, at the
time, a legal existence; but the decision of the Senate was in favor of
Mr. Robbins

Root, Erastus, of N. Y.-Contests the seat of John Adams, alleging that he had been
deprived of his certificate of election by the mistake of the clerk, in
making his return, &c. He was admitted to his seat
Rutherford, Robert, of Va.-Contests the seat of Daniel Morgan, on the charge of
bribery and corruption, &c., but does not sustain his charges

Sage, Ebenezer, of N. Y.-His seat successfully contested by James Guyon, jr.
Scott, John, of Miss.—His seat being contested by Rufus Easton, was declared va-

348

cant

273