Cases of Contested Elections in Congress

256
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

523
The law is not to be so construed as to give more than three days to the
entire election.
Draper vs. Johnston

705
Agreement—By parties, can neither, enlarge nor diminish the elective franchise of

voters.
Porterfield vs. McCoy

269
Effect of, in regard to the admission of votes.
Draper vs. Johnston

706
Allegations-As to the certainty with which they should be set forth in a petition.
Varnum's case

112
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.
key 's case

229
If unsupported by evidence, ought not to receive the elaborate attention of
the committee.
Lyon vs. Bates

372
Allegiance-Mr. Madison's views of the rights and duties incurred by it

33
Mr. Jackson in opposition to Mr. M.

35
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

411
424

Page.
Ballots and 2 The law of Delaware requiring a voter to place on his ticket the names
Ballot box Š 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 ve. Wilson

375
Duplicate or folded ballots, which are prohibited by the laws of New York,
are not to be counted, even as single votes

ib.
In regard to the legal custody of the ballot box, see
Arnold vs. Lea

602
A gourd used instead of a box, and tied

ib.
Votes placed in the box cannot afterwards be changed.
Washburn vs. Ripley

681
A ballot with two names allowed as one ticket

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

116
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

167
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

254
Bates, James W., of Arkansas-See M. Lyon

372
Bayley, Thomas M.-See Bassett

254
Baylies, William, of Mass.--His seat contested by Charles 'Turner, to whom it was
awarded

235
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

407
Bowers, John M., of N. Y.--His seat contested by, and awarded to, Isaac Williams,
junior

263
Boudinot, Elias, of N. J.-His speech on the legality of his election

39
C.
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 -

134
Canvassers of votes-Are ministerial and not judicial officers, and their errors are to be

corrected by the House.
Biddle and Richard vs. Wing

513
Certainty-In a petition, should be such as to present for trial the whole merits of

the case
Leib's case

165
That votes are given by persons unqualified, and by proxy, how to be stated
in a petition.
Barnum's case

112
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 rs. Smith

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

23 to 37
Mr. Madison's views thereon

ib. 32
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

409
Difference between citizen and inhabitant.
Bailey's case

415
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

851
Clayton, Mr., of Ga.--His preamble and resolution in the case of Letcher and Moore 848
Cosden, Jeremiah, of Md. --Seat of, contested successfully by Philip Reed

353
Counsel-Opinion relative to the admission of, in cases of contests for seats

41
Credentials-- What are necessary to entitle a member to take his seat.
B. Edwards's case

92
To the same point. See Letcher vs. Moore

715 & 725
Also, Potter vs. Robbins.
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

221
D.

751

112

248
69

8 case

85
ib.

113
702
353
679

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 party may be called on to make

defence.

Varnum's case
of the notice necessary to put a party to the charge of collecting defen-
sive proofs.

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
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 Mi.--Quere as to the sufficiency of his credentials -
Election- Meaning of the term.

Reed vs. Cosden
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.

McFarland vs. Culpepper -
So of the sheriff in Virginia.

Draper r's. Johnston

314
273
92

354

221

710

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Cases of Contested Elections in Congress: From the Year 1789 to 1834, Inclusive