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TARVARD COLLECE 95-20 us 1054.2

AB 19 M)
LIBRARY

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PREFACE.

In compiling a new volume of “ Contested Elections," as a continuation of the volume published in 1834, it has been found necessary to eliminate all irrelevant matter, and adhere closely to the facts and the law. When the first volume was published, the debates in Congress as reported were exceedingly brief. To publish all the speeches made in Congress upon contested election cases since 1834 would require several volumes; hence only brief extracts have been taken, which seemed to be necessary for the full explanation of the law and the facts in the case. A reference is made in each case to the debate so that it can be readily found.

The majority report is always given, and the minority report whenever the resolutions reported by the majority were overruled; as well as in some of the more important cases. The chief points in each case are stated by way of prefix, and its history in Congress is appended to the report. The index will enable the reader to readily find not only every case, but every point raised and discussed in it.

The references to documentary evidence in the reports have not been omitted, (following the example of the Massachusetts election reports and similar works, though that evidence is not published herewith. The references may be convenient in some cases.

The Senate cases were generally debated at great length, and, with two or three exceptions, no extracts have been made from the arguments. Where the reports failed to give a clear statement of the law and the facts, however, they have been extracted from the Senate debates.

IN THE HOUSE OF REPRESENTATIVES, l'ebruary 11, 1865. On motion of Mr. Dawes, from the Committee of Elections,

Resolved, That there be printed, for the use of the members of the House, the usual number of copies of the Digest of Election Laws made, under the order of the House, by the clerk of the Committee of Elections, together with a full index to the same, to be prepared by the said clerk, for which, and for the necessary revision and superintendence connected therewith, he shall be paid by the Clerk of the House a per diem for the days actually employed herein, not exceeding that paid to clerks of committees during the session of Congress.

FEBRUARY 17, 1865. On motion of Mr. A. W. CLARK, from the Comunittee on Printing,

Resolved, That there be printed one thousand extra copies of the Digest of Election cases, including the cases which have occurred during the present Congress, for the use of this House.

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CASES

OF

CONTESTED ELECTIONS IN CONGRESS.

TWENTY-FOURTH CONGRESS, FIRST SESSION.

Committee of Elections.
Mr. CLAIBORNE, Virginia.

Mr. Kilgore, Ohio.
Griffin, South Carolina.

A. BUCHANAN, Pennsylvania.
HAWKINS, North Carolina.

MAURY, Tennessee.
Harv, New York.

Boyd, Kentucky.
BURNS, New Hampshire.

Newland vs. GRAHAM, of North Carolina.
Where testimony not given under oath was offered-Held, that it was inadmissible.

The judges of elections having ascertained that certain votes had been, by mistake, put into the legislative box,” when they were intended for members of Congress, transferred the votes to the “congressional

" box. The committee left it to the House to decide whether the vote should stand.

The seat was vacated.

IN THE HOUSE OF REPRESENTATIVES,

FEBRUARY 24, 1836. Mr. Boyd, from the Committee of Elections, to whom the subject had been re

ferred, submitted the following report : That the late election for a member of the House of Representatives of the United States, for the 12th congressional district of the State of North Carolina, took place on the 13th day of August last. That the law of North Carolina, in cases of contested elections, requires thirty days' notice previous to the meeting of the general assembly of an intention to dispute the election, with the ground on which the same will be disputed, to be given by the person objecting to the individual declared elected ; and that the same notice of time and place now required in taking depositions at law shall also be required and proven on such investigation.—(2 vol. Revised Code, 827, chap. 466, 1796.)

That notice was served on the sitting member on the second day of October last by the petitioner that he intended to contest his election, on the ground that illegal and unqualified votes had been given for him, and that legal and qualified votes offered for the petitioner had been rejected ; that a notice was afterwards served on the sitting member, on the 18th day of October last, by the petitioner, stating that on the 29th day of October thereafter he should proceed to take the depositions of Jas. D. Justice and others at Asheville, which

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