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vate communications with persons unknown and unsworn, and of whom and of which there is no public or verified knowledge ?
The majority of the Committee on Elections further bolster their remarkable report by saying "that the facts alleged in the memorial, confirmed and rendered highly probable as tbey are by other well-known facts and from other sources outside, entitle the contestant to the relief which he asks," &e.
This committee in the case of Mackey vs. Dibble refused to investigate by a commission charges of fraudulent interference with and forgery of the pretended evidence offered to make out the case for the contestant, yet in that case these charges were made upon and fortified by the sworn affidavits of several witnesses. We are met also with the stale argument that all the colored voters must be presumed to be Republicans, and in addition must be presumed to have voted for every Republican candidate. To test it let it be supposed that the memorialist was an escaped convict from the North Carolina penitentiary, where he bad been sentenced for a high crime. Suppose he was a fugitive from justice who had eluded the prison keepers and was seeking an asylum as a Republican Representative in Congress. Suppose that his history and character was such that if he were here at the bar of the House he could not be sworn in under the information within the personal knowledge of the members of the present House. If these things were true, would it not be a violent and unwarranted assumption of fact that all the colored people of the district in which this contention arises would vote for him? How does the House, before making the inquiry, know what fact may exist affecting the popularity of the candidate? Has he integrity and intelligence? Do the colored people all vote the Republican ticket, and do they support the candidate of the party without respect to character, fitness, intelligence, or integrity! Do these qualities affect the popularity of a candidate among them? If so, reputable colored people of the district bave some rights which even a Republican committee in its direst exigency should respect. The continuous cry of fraud against elections in the South, on the assumption that all the colored people vote the Republican ticket, is itself becoming a fraud. On this theory the election committee, consisting of eleven Republicans and four Democrats—a majority of twothirds and one to spare-vindicated the fundamental principles of republican government at the last session by unseating General Shelley, who had been elected by over 3,000 majority. They vindicated the same great and essential principles by ousting Mr. Finley, Mr. Dibble, Mr. Wheeler, Mr. Tillman, and others, but their appeal to the country resulted in ousting the ousters, and returned to their places again most of the victims of this unholy crusade with an overwhelming Democratic majority at their back.
Sixth. The rule of law being that the ordinary method of trying contested elections in accordance with the provisions of the act of Congress will not be departed from without good cause, it is respectfully submitted that under all the circumstances in this case no such cause has been shown.
F. E. BELTZHOOVER.
LIST OF CASES.
Page. 284 676 172
ANDERSON v8. REED, first Congressional district of Maine..
604 243 681 520
8 561 380 430 284
18 603 667
Barbour, John S., contestee, eighth district of Virginia..
Cabell, George C., contestee, fifth district of Virginia...
H. Mis. 35—44
Davidson, R. M. H., contestee, first district of Florida
Elections, Committee on....
Finley, Jesse J., contestee, second district of Florida...
WITHERSPOON 18. DAVIDSON
Hazelton, Hon, George C., Wisconsin, member of Committee on Elections.
Iowa-COOK 18. CUTTS.......
Jacobs, Hon. Ferris, jr., New York, member of Committee on Elections...
LEE, SAMUEL, 18. JOHN S. RICHARDSON, contested election, first district of South
note by compiler..
MABSON, A. A., v8. W. C. OATES, contested election, third district of Alabama.
South Carolina ..