tioner. And the sitting member asks for reasonable time to be allowed him to obtain such testimony.

Upon a full view of all the circumstances of this case, the committee are of opinion that further time ought to be granted to the sitting member to procure testimony, and they accordingly submit the following resolution :

Resolved, That until the

be allowed to Thomas K. Harris, a member of this House, to procure testimony relative to his election.

On a subsequent day, the resolution being so amended as to allow three months to the sitting member, it was passed by a vote of 101 to 54.

DECEMBER 22.

Mr. SHIPHERD, of New York, offered for consideration the following resolution :

"Resolved, That the Committee of Elections be instructed to inquire whether Thomas K. Harris, a sitting member, is, or is not, entitled to a seat in this House."

1813.

13th CONGRESS,

1st SESSION.

failure of the

to

and

Some conversation took place between Messrs. GRUNDY, A petition not FISK, SHIPHERD, Rhea, PickeriNG, and PITKIN, on the sub- to abate by the ject of this motion; in the course of which, it appeared that petitioner Mr. Kelly had declined reappearing to contest the election. appear It seemed to be conceded on all hands that the inquiry into prosecute it. the alleged illegality should not therefore abate; the only difference of opinion was as to the mode of bringing the subject before the House. The conversation issued in the withdrawal of the present motion by the mover; and,

On motion of Mr. RHEA, of Tennessee, the report of the Committee of Elections, at the last session, on the petition of Mr. Kelly, was recommitted to the Committee of Elections, with such new evidence as should be offered them, for further consideration. [See Nat. Int. of 23d Dec. 1813.]

On the 3d of January, 1814, being at the second session of the thirteenth Congress, a further report was made on the subject by the committee, as follows:

That a correct statement of the poll, and the law of Ten-Committee's nessee governing the said election, will be found in the report second report. of the Committee of Elections, made in this case at the last session of Congress; from which, it appears that the inspectors of the election in the county of Warren returned two more votes for Mr. Harris than were given for him, which gave to him a majority of one vote over Mr. Kelly; that, deducting these two votes from Mr. Harris's poll, leaves Mr. Kelly a majority of one. Mr. Harris now produces evidence, which substance raises a strong presumption that the deputy sheriff who con- the ducted the election in the county of Rhea, in said district, produced. improperly added three or more votes to Mr. Kelly, and destroyed a like number given to a Mr. Rodgers, who was also a candidate; and to show that Pleasant Bean and Daniel

of

evidence

1813.

1st SESSION. Committee's

Obarr, who voted for Mr. Kelly, were not entitled to vote. 13th Coxenz, A decision on the charge against the deputy sheriff not being likely to affect the result of the election, the committee pass it with no other remark than that the evidence leaves a strong second report. impression that he conducted very imprudently. The affidavits of Bean and his father prove that the son was but eighteen years of age at the time of the election, and therefore not entitled to vote. By the testimony of Obarr, he had not a freehold in the district, nor had he been living more than three months in the same at the time of the election. By the third article of the constitution of Tennessee, it is provided that "every freeman of the age of twenty-one years and upwards, possessing a freehold in the county wherein he may vote, and being an inhabitant of this State; and every freeman being an inhabitant of any one county in the State six months immediately preceding the election, shall be entitled to vote for members of the General Assembly for the county in which he shall reside."

The committee are of opinion that that branch of this article, which prescribes the second qualification of the voter, restricts him to vote in the county wherein he has been an inhabitant six months immediately preceding the day of election, and permits him to vote nowhere else; and, therefore, Daniel Obarr had not a right to vote in this election. That, deducting from the poll of Mr. Kelly the two votes given by Bean and Obarr, leaves Mr. Harris a majority of one, and entitles him to a seat in this House. The committee, therefore, respectfully submit the following resolution:

"Resolved, That William Kelly has not supported his petition, and that Thomas K. Harris is entitled to his seat in this House."

Sitting member On the 10th of March, 1814, this resolution was concurconfirmed in ed in by the House, and the election of Mr. Harris thereby

his seat.

confirmed.

CASE XX X V.

ISAAC WILLIAMS, Jr., vs. JOHN M. BOWERS, of New York.

[A candidate is not to be prejudiced by the omission of the returning officers to add the word "junior" to his name, where the votes have been properly given by such addition.]

JUNE 23, 1813.

The following resolutions were submitted by Mr. Fisk, of New York:

Resolved, That the Committee of Elections be instructed to inquire whether John M. Bowers, returned as a member from the State of New York, is entitled to a seat in this House.

Resolved, That the same committee be instructed to inquire whether Isaac Williams, junior, is not entitled to a seat in this House, instead of the said John M. Bowers.

A motion was made by Mr. GROSVENOR to postpone the said resolutions until to-morrow; which being decided in the negative, Mr. G. moved to amend the first resolution by inserting the names of Ebenezer Sage and John Lefferts after the name of J. M. Bowers.

The said resolutions, on motion, were laid on the table.

JUNE 24.

A motion was made by Mr. STOCKTON to postpone the said resolutions indefinitely; which being decided in the negative, and the motion of Mr. GROSVENOR being also rejected, Mr. BENSON moved to amend the resolutions by adding thereto these words: " and that the committee be instructed not to admit any person to appear before them as entitled to question the said election, other than the said Isaac Williams, junior, either in person, or by his agent lawfully appointed for the purpose;" and the question being taken, it was determined in the negative,

The first resolution was then agreed to.

The second resolution having been modified to read as follows: "Resolved, that the same committee be instructed to inquire what person, if any, is entitled to a seat in this House, instead of the said John M. Bowers," was also agreed to by the House.

On the 2d of July, 1813, the committee reported

That, by a return of the votes from the fifteenth district in said State, it appears that

1813. 13thCONGRESS,

1st SESSION.

1813. 13thCONGRESS,

1st SESSION.

Elections.

From this statement, it results that John M. Bowers had a majority of 158 votes over Isaac Williams, junior.

By the affidavit of Luther Bissell, and the statement of the Report of the sitting member, it appears that there are three persons of Committee of the name of Isaac Williams, residing within the district, one of whom is designated by the addition of junior, and it is candidly admitted by Mr. Bowers, that Isaac Williams, junior, and John M. Bowers, were the only candidates at this election, within his knowledge. It appears probable to the committee that the votes given to John Bowers and John M. Bowey were all intended for John M. Bowers; and that those given for Isaac Williams were intended for Isaac Williams, junior; which opinion seems to be strengthened by the fact that, in four towns in said district, nearly one hundred votes were given in each for Isaac Williams, and not one for Isaac Williams, junior. If this be admitted, Isaac Williams, junior, will have John M. Bowers

Second report.

4,563 4,358

Leaving to Isaac Williams, junior, a majority of 205

But the committee are of opinion that further evidence is necessary, to form a correct decision; and, in order to afford time to procure the same, they respectfully submit the following resolution :

"Resolved, That the further consideration of this subject be postponed to the first Wednesday of the next session of Congress."

At the second session of the thirteenth Congress, to wit, on the 16th December, 1813, the committee made a second report, as follows:

That in addition to the facts and evidence stated in the report of the Committee of Elections, made at the last session of Congress, it appears that, from the towns of Exeter, Milford, and Westford, 322 votes were, through the mistake The mistakes of the inspectors of elections in those towns, returned for tors in their re- Isaac Williams; which votes, according to the testimony of turn, to be cor- said inspectors, were given to, and ought to have been re

of the inspec

rected.

Petitioner en

titled

seat.

turned for, Isaac Williams, junior; that adding these votes to the poll of Isaac Williams, junior, gives him a majority of 164 votes over Mr. Bowers, and entitles him to a seat in this House. The committee, therefore, respectfully submit the following resolutions :

"Resolved, That John M. Bowers is not entitled to a seat in this House.

"Resolved, That Isaac Williams, junior, is entitled to a to his seat in this House."

These resolutions were, by a unanimous vote of the House, adopted, and Mr. Williams appeared, and took his seat.

XXXVI-BLYDENBURG & JAY vs. SAGE & LEFFERTS.

CASE XXXVI.

BLYDENBURG and JAY vs. SAGE and LEFFERTS, of New York,

On the 7th of July, 1813, a petition from Benjamin B. Blydenburg and Peter A. Jay was presented to the House, complaining of the undue election of Ebenezer Sage and John Lefferts, of the State of New York; which being referred to the committee, they reported, on the 13th July, that further time would be necessary to enable them to come to a just decision, and on their suggestion it was resolved that the case be postponed to the next session of Congress. It does not appear that any further action ever took place on the subject.

265

1813. 13thCONGRESS,

1st SESSION.

CASE XXXVII.

WESTEL WILLOUGHBY US. Wм. S. SMITH, of New York.

[The errors and omissions of inspectors and returning officers are to be corrected, so as to do substantial justice to the parties. The omission in this case was, of the word "junior;" but it was held upon the proof given,. not to vitiate the votes.]

The petition of W. Willoughby was referred to the Committee of Elections; and, on the 11th of December, 1815,

the committee made report:

Elections.

That the seventeenth congressional district of the Report of the State of New York is composed of the counties of Madison Committee of and Herkimer; that the whole number of votes given in the said district at the last congressional election was 5,292; of which 2,510 were returned as having been given for William S. Smith; 2,466 for Westel Willoughby, junior; 309 for Westel Willoughby, and 7 scattering votes. On the 23d day of February last, Westel Willoughby, junior, caused notice in writing to be given to William S. Smith, of his intention to claim his seat in the present Congress as a Representative duly elected in the said district, and appoint