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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.
GIBSON ATHERTON.
L. H. DAVIS.
S. W. MOULTON.

LIST OF CASES.

FORTY-SEVENTA CONGRESS.

Page. 284 676 172

ANDERSON v8. REED, first Congressional district of Maine..
BAYLEY v8. BARBOUR, eighth Congressional district of Virginia.
BISBEE v8. FINLEY, second Congressional district of Florida
BUCHANAN v8. MANNING, second Congressional district of Mississippi...
CANNON v8. CAMPBELL, Territory of Utah...
Cook vs. CUTTS, sixth Congressional district of Iowa
JONES 08. SHELLEY, fourth Congressional district of Alabama...
LEE v8. RICHARDSON, first Congressional district of South Carolina
LOWE vs. WHEELER, eighth Congressional district of Alabama...
LYNCH v8. CHALMERS, sixth Congressional district of Mississippi.
MABson v8. OATES, third Congressional district of Alabama.....
MACKEY v8. O'CONNOR, second Congressional district of South Carolina.
SESSINGHAUS v8. Frost, tbird Congressional district of Missouri
8MAlls vs. TILLMAN, fifth Congressional district of South Carolina.
SMITH vs. ROBERTSON, sixth Congressional district of Louisiana..
Smith vs. SHELLEY, fourth Congressional district of Alabama
STOLBRAND v8. AIKEN, third Congressional district of South Carolina...
STOVALL vs. CABELL, fifth Congressional district of Virginia .....
STROBACH vs. HERBERT, second Congressional district of Alabama.
WITHERSPOON v8. DAVIDSON, first Congressional district of Florida.

(687)

604 243 681 520

61 338

8 561 380 430 284

18 603 667

5 163

INDEX.

A.

Page.
Aiken, D. Wyatt, contestee, third district of South Carolina..

603
Alabama-JONES vs. SHELLEY

681
MABSON 08. OATES

8
SMITH 18. SHELLEY

18
STROBACH vs. HERBERT

5
ANDERSON, SAMUEL J., v8. THOMAS B. REED, contested election, first district of
Maine

284
ANDERSON 08. REED, report of committee.

284
resolution adopted..

286
Atherton, Hon. Gibson, Ohio, member of Committee on Elections

3

B.

676

676
676
680

3

Barbour, John S., contestee, eighth district of Virginia..
BAYLEY, S. P., vs. JOHN S. BARBOUR, contested election, eighth district of Vir-

ginia
BAYLEY vs. BARBOUR, report of committee

resolution adopted
Beltzhoover, Hon. F. E., Pennsylvania, member of Committee on Elections..
BISBEE, HORATIO, Jr., v8. JESSE J. FINLEY, contested election, second district

of Florida.
BISBEE v8. FINLEY, majority report

minority report

resolutions adopted
BUCHANAN, GEORGE M., vs. Van H. MANNING, contested election, second district

of Mississippi.....
BUCHANAN v8. MANNING, majority report.

minority report.
resolutions adopted

172
172
202
194

287
287
298
297

C.

667

3
604

Cabell, George C., contestee, fifth district of Virginia...
Calkins, Hon. W. H., chairman of Committee on Elections..
Campbell, Allen G., contestee, Territory of Utah...
CANNON, GEORGE Q., v8. ALLEN G. CAMPBELL, contested election, Territory of

Utah....
CANNON 08. CAMPBELL, majority report.

minority report.
views of Mr. Thompson

Mr. Pettibone.
Mr. Miller
Mr. Jacobs...
Mr. Beltzhoover..
Mr. Ranney

Mr. Atherton.
Chairman of Committee on Elections, Hon. W. H. Calkins..
Chalmers, James R., contestee, sixth district of Mississippi.
Clerk of Committee on Elections, J. H. Ellsworth...
Committee on Elections ....
Cook, John C., vs. M. E. CUTTs, contested election, sixth district of Iowa.
COOK 18. CUTTS, majority report.

604
605
655
614
618
624
628
629
641
648

3
338

3

minority report.

resolutions adopted..
Cutts, M. E., contestee, sixth district of Iowa..

H. Mis. 35—44

3
243
244
252
252
243

D.

Davidson, R. M. H., contestee, first district of Florida
Davis, Hon. L. H. Missouri, member of Committee on Elections.
Dibble, Samuel, claimant, second district of South Carolina.

Page.
163

3
561

E.

Elections, Committee on....
Ellsworth, J. H., Indiana, clerk of Committee on Elections.

F.

Finley, Jesse J., contestee, second district of Florida...
Florida-BISBEE 18. FINLEY..

WITHERSPOON 18. DAVIDSON

172
172
163

H.

Hazelton, Hon, George C., Wisconsin, member of Committee on Elections.
Herbert, Hilary A., contestee, second district of Alabama.

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I.

Iowa-COOK 18. CUTTS.......

243

J.

3
3

Jacobs, Hon. Ferris, jr., New York, member of Committee on Elections...
Jones, Hon. G. W., Texas, member of Committee on Elections..
JONES, J. W., v8. C. M. SHELLEY, contested election, fourth district of Ala-

bama
JONES 1'8. SHELLEY, majority report.

minority report.

681

L.

520)
520
521
520)

LEE, SAMUEL, 18. JOHN S. RICHARDSON, contested election, first district of South

Carolina
LEE vs. RICHARDSON, majority report.

minority report

note by compiler..
Louisiana-SMITH v8. ROBERTSON.
LOWE, W. M., v8. JOSEPH WHEELER, contested election, eighth district of Ala-

bama
LOWE v8. WHEELER, majority report..

minority report..

resolutions adopted
LYNCH, Joun R., 18. JAMES R. CHALMERS, contested election, sixth district of

Mississippi....
LYNCII v8. CHALMERS, majority report

minority report
resolutions adopted..

M.

MABSON, A. A., v8. W. C. OATES, contested election, third district of Alabama.
MABSON 18. Oates, report of committee....
Maine-ANDERSON 08. REED...
Manning, Van H., contestee, second district of Mississippi
MACKEY, E. W. M., v8. M. P. O'CONNOR, contested election, second district of

South Carolina ..
MACKEY V8. O'Connor, majority report.

minority report.
resolutions adopted.

561
562
578

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