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Publishers.
;\ttornciis at I'air.
JOSEPH W. TATE. ATTORNEY
♦j AT LAW. BEDFORD, PA. Will promptly !
attend to collections of bounty, back pay. <ie., I
and all business entrusted to his care in Bedford ;
ar, 1 adjoining counties.
('ash advanced on judgments, notes, military j
and other claims.
Has for sale Town lots in Tatcsville, and St.-
Jo pb's on Bedford Railroad. Farms and unim
proved land, from one acre to 900 acres to suit
purchasers
Office nearly opposite the "Mengel Hotel" and
Bank of Reed t So hell.
April 1, IS6s—ly
1 MiWA R D E. KERR, ATTORNEY
Jj AT LAW, BEDFORD, PA. Will punctually
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bis care. Soldiers'claims for bounty, hack pay
Sc.. speedily collected. Office with H. Nieode- J
mus, Esq. on Juliana street, nearly opposite the;
Banking House of Reed A SehelL
April 7, 1865.
J. R. DL'RBOUKOW. | JOHN LI'TZ. |
nu RBOR RO W A LUT Z ,
ATTORNEYS AT LAW. BEDFORD, PA., j
IV ill attend promptly to all business intrusted tot
their care. Collections made on the shortest no- j
'
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ofelaims against the Government for Pensions.
Back Pay. Bounty, Bounty Lands, Ac.
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Mengel House." and nearly opposite the Inquirer '
office.
| <ILIN L\ REED, ATTORNEY ATI
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h • services to tiie public,
office second door Northxif the Mengel House. i
Bedford. Aug, 1. 1-61.
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Particular attention paid to the collection of j
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Office with Mann A Spang. on Juliana street,
two doors South of the Mengel House.
Jan 22. 1864,
V v KIWWVMI 1 J. W . LINGEN FELT EE.
I r l MM ELI, A LINGENFELTER,
IV ATTORNEYS AT LAW. BEDFORD. PA., j
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the Law. Office on .1 uliana street, two doors South i
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/ 1 H. SPANG, ATTORNEY ATI
" J . LAW. BEDFORD. PA Will promptly at
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his care in Bedford and adjoining counties ■
Office on Juliana Street, three doors south of the j
".Mengel House." opposite the residence of Mrs.
Tate.
May Li. 1864.
Jm 1. FILI.KK. J. T. ||Ml .
I"MLLER A KLAGY have formed a j
| partnership in the practice of the law. At- i
teution paid to Pensions, Bounties and Claims |
ag iitist the Government. j
Office on Juliana street, formerly occupied by j
Hon A. King March 31, '65. j
itMuisiciatis and ilcntists.
3) H. UENNSYL, M. !>., BLOODY I
I , KI N. Pa . 'l >te surgeon 56th P. V. \~) ten
•irrs his professional services to the people "t that j
place M vicinity Dec 22. 05-ly* j
\Y W. JAMIHON, M. D.. BLOODY j
1 } . at x. P:i.. tenders his professional servi
r. -to the people ot that place and vicinity. Office
one door west of Richard Langdon's store.
Sov. 24. '6s—ly
P|R. J. L. MARBOURG, Having!
J t permanently located, respectfully tenders
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and vicinity.
Office on Juliana street, east side, nearly opposite
the Banking House of Keed A Kchell.
Bedford. February 12. 1864.
C. X.HIFKOK. i J. O. MIN'NK'H, JR., j
IvENT I 8 T S ,
1 J BEDFORD, PA.
"ffire in the Bank Building, Juliana St.
All operations pertaining to .-urgic-al or Me
rhanical Dentistry carefully performed, and war
ranted.
TKRVS—CASH
Bedford. January 6. 1865.
bankers.
JAt'-GB REED. I J.J- SCIELL,
| ) E E D A N D SCII E L L,
1 V Banker* and
1 KALE RS IN EXCHANGE,
BEDFORD, PA.,
DRAFTS bought and -old, collections made and |
n. ncv promptly remitted.
Deposits solicited.
• W RtrpF O. E. SHANNON F. BENEDICT j
IMTI', SHANNON AUG., BANK-1
IX ERS. BEDFORD, PA.
BANK OF DISCOUNT AND DEPOSIT
' '! LECTIONS made for the K*t, West, North ]
v -outb. and lbsgeaaral Lu>i.. - af Exchange 1
acted. Note- and Account- Collected and j
n 'niitanees promptly made. HEAL ESTATE
'"night and sold. Oct. 20, 1865. j
hANIEL BORDER,
PITT STRKF.T. TWO DOORS WEST OF THE BKD
• >RT> HOTEL, BEDFORD, PA.
v ' TCHMAKER AND DEALER IN JEWEL
BY. SPECTACLES, AC.
H keeps on hand a stock of fine Gold and Sil
-" 'bee, Spectacles of Brilliant Double Re-
I t.ia>ses, also Scotch Pebble Glasses. Gold
>'"U Chains. Breast Fins. Finger Rings, best
quality of Gold Pen'. He will supply to order
* r ' v thing in his line not on hand.
"•t. 20. 1865-
UF. IRVINE,
. ANDERSON'S ROW, BEDFORD, PA.,
in Boots, Shoes. Queensware. and \ arie-
UjrOrders trom Country Merchants re
'i'sctfuliy solicited.
° 20. 1865,
| \AVII) DEFIBAUGH,Gunsmith,
Bedford, Pa. Shop same as formerly occu
j'j J . T John Border, deceased Having resumed
•he js n „ w prepared to fill all orders for new
"* "1 " le shortest dotive. Repairing done to or
' The patronage of the public i* respectfully
; "i Oct.
®!)t ticbforii <&(*jettc.
BY MEYERS & MENGEL.
?hr ilnlford (i>n?rttr,
NACBEB OBE.
BV WILLIAM ROSS WALLACE.
The earth is God's : How through her Tales
The nr.nre streams rejoicing roll.
As if they tilled her mighty veins.
And she had an adoring soul !
The forest-organs sound His march ;
The mountains towering vast and dim,
Strive with their great dumb lips to shout
A song of worship unto Him.
Tin' sea is God's : Her great white hands
Before His brow in worship :neet,
And all the minstrel-billows bend
In solemn song around his feet.
0 grandly to their ancient chant
The coral halls responsive cry.
As He on His red car of storms
Conies thundering through the cloven sky
The sky is God s : How sweetly fall
The anthems of the Pleiades,
Aroturus and vast Muzzoroth
In answer to the sounding seas !
And terribly the ehoring stars
Through trembling space proclaim His worth ;
4 et radiantly the rainbows keep
His deathless promise to the Earth.
The Universe is God's : Long He
In meditation sat alone,
While o'er His brow the awful cloud
Of His own brooding thought was thrown
But He unveiled His brow, and lo '
From chaos moaned away the curse.
And like a mirror to His face
It sparkled back the Universe.
in..
tLL\ tMILIt 11. ( OITKOTH,
AND
WH.I.IAM 11. KOOVTZ.
JANUARY Si, 1860. —Laid on the table j
and ordered to he printed.
MR. UPSON, from the Committee of j
Elections, made the following
REPORT.
TheCommitteeof Elections, to whom
were referred the certificates and all pa
pers relating to the election in the Six
teenth Congressional District of Penn
sylvania "with instructions to report, ■
at as early a day as practicable, which i
of the rival claimants to the vacant seat I
from that district has the prima facie
right thereto, reserving to the other 1
party the privilege of contesting the
case upon the merits, without prejudice
from lapse of time or want of notice,"
having considered the said certificates
and papers so referred, that Alexander
H. Coffroth and William li. Koontz
each claims to have the prima facie right
to the vacant seat in question, and each
of said claimants has appeared in per
son before the committee and also by >
attorney, and been heard in support of
his respective claim.
By the general election law of Penn
sylvania. i Purdon's 1 ligest, Bth ed. 1853,
pages 2*7, 28k, 289, 293, sections 59, 60,
♦l3, 64, 66. and 113,) when two or more
counties compose a district the choice
of a member of the House of Repre
sentatives of the United States, it is
provided, afteran election has been held,
that the judges of election in each coun
ty having met, the clerks shall make
out a fair statement of all the votes
which shall have been given at such
election, within the county, for every i
person voted for as such member, which j
shall ie signed hy said judges and at
tested by the clerks; (section 63) and
one of the said judges is to take charge
of said certificate of votes, and produce
the same at a meeting of one judge
from each county, at such place in such
district as is, or may he, provided by
law for that purpose. The judges of the
several counties (composing such dis
trict i having met as aforesaid, are then
required (section 64; to cast up the sev
eral county returns and make duplicate
returns of all the votes given for such
office of representatives in Congres> in
said district, and of the name of the (
person elected, and to deposit one of
said returns for said office of represen
tative in the office of the prothonotary j
of the court of common pleas of the
county in which they shall meet, and j
to place the other return in the nearest
post office, sealed anti directed to the
secretary of the Commonwealth.
Tiie said return judges are also requir
ed (section 6-4) to transmit to the person
elected to serve in Congress a certificate
of his election, within five days after
the day of making said return.
< In the receipt of the election of mem
bers of the House of Representatives of
the United States, as aforesaid, by the
secretary of the Commonwealth, the
governor is required (section 113) to de
clare hy proclamation the names of the
persons so returned as elected in there
spective districts, and also transmit, as
soon as conveniently may be thereafter,
the returns so made to the House of
Representatives of the Cnited States.
The sixteenth congressional district
of Pennsylvania is composed of the
counties of Adams, Bedford, Franklin, j
Fulton and Somerset.
The governor of Pennsylvania, in his
proclamation of the dateof December
26,1864, declaring the names of the per
sons returned as elected in the emigres- j
sional districts in said State, omitted to j
declare the name of any person as re- j
turned elected in the sixteenth district, j
as appears from the certified copy of |
said proclamation accompanying this
report, (paper 1,) referred to the com- j
mittee, but states therein "that no such j
returns of the election in the sixteenth
congressional district have been sent to j
the secretary of the Commonwealth, as >
would, under the act of assembly of
July 2, A. I). 1839, authorize me to pro
claim the name of any person as having ;
been returned as duly elected a member
of the House of Representatives of the
United States for that district." Said
act of July 2, 1*39, is the law hereinbe
i fore referred to.
Neither of the claimants, then, hav
[ ing any prima facie right to the seat,
under the governor's proclamation, the
* committee next proceeded to examine
j the official return made hy the return
judges of said district of all the votes
igiven for said office of Representative
i in Congress in said district as cast up j
j by said judges from the returns from
! the several counties therein.
The committee found among the pa- ;
| pers so referred to them two papers,
(papers 2and4,) each on its face pur-j
porting to be such return, and might
have been in some doubt as to which
was the genuine official return, each
being signed by a different set of return
judges, save that the name of Nathan
Winter is affixed to each as the return
judge from Fulton county, and the pa
per purporting to be a return ih favor
of Mr. Coffroth (paper 4) is signed by
four judges, while the paper purporting
to be a return in favor of Mr. Koontz
is signed by five; but they were reliev
ed from any doubt on this subject by
the admissions of the respective claim
ants made before the committee, and
by the statement of facts contained in
the opinion of the attorney general of
Pennsylvania, Mr. Meredith, submitted
to the* governor of said State on this
BEDFORD. PA.. FRIDAY MORNING, FEBRUARY 23, 1866.
committee and admitted in evidence,
so far as the statement of facts therein
given is concerned, for their considera
tion and action in determining the ques- |
tion of the prima facie right of the >
claimants to the vacant seat.
Aided by the light thus thrown upon j
the case, the committee were unani- j
mously of opinion that the persons 1
signing the said return in favor of Mr. j
Koontz were not the legally constituted
board of return judges for said district, !
and had no lawful authority to make j
i any such return, and that the four per-1
suns signing the said return in favor of
] Mr. Coffroth were a majority of the le- j
gal return judges, and the only lawful j
j hoard.
It was admitted that both thesu-eall- i
I ed boards met and acted on the same j
i day, but the Koontz board a little ear- j
tier in the day than the other, both on i
the day and at the place fixed by law. i
Four of the five legal return judges,
therefore, being found to have certified \
(paper 4i that Mr. Coffroth had receiv- j
ed 9,476 votes, and Mr. Koontz 8,462 j
votes, and that Mr. Coffroth had "re- i
ceived a majority of all the votes east i
as counted before the board, and is de-!
dared duly and legally elected a mem- j
her of the House of Representatives of I
the United States," and that he had j
i been awarded a certificate of election, j
it is difficult to explain why this return !
j thus made and certified by these return j
; judges, does not show a prima facie right 1
; in Air. Coffroth to the seat in question. i
But it is claimed on the part of Mr. j
Koontz. that the said return shows on
j its face that the county of Somerset was j
! not included by the said return judges
in the count, and, therefore, that the
i return is void, though it aiso appears
in the return, and also in theopinion of'
i the attorney general, above referred to,
that the return judge of Somerset eoun-
I ty was present at Cham hers burg on the
i day of the meeting, and was notified j
! thereof, but neglected or refused to at- i
! tend.
The Attorney General, inhisopinion, '
j (page 32,) also takes this position, and j
i claims that the district judges ought to j
| have adjourned over, and referred to 1
duplicate originals of the returns for j
i Somerset county, which he says were i
i accessible in the office of the prothono
tary of said county of Somerset.
To this it may be replied, that the 1
statute makes no provision foranysuch .
adjournment or proceedings, and it does j
not appear by the said statute that, in !
case where a congressional district is
I composed of several counties, any such
duplicate original is reipiired to be filed
in each of the counties of the district,
but the original statement of votes giv- J
en in each county for representative in j
Congress, certified by the judges and j
attested by the clerks, is directed (sec
tion 63) to be taken charge of by one of !
said judges, who "shail produce the j
same at a meeting of one judge from j
each county at such place in said dis
trict as is or may be appointed by law
for that purpose;" and when the dis
trict return judges have met and cast
i up said returns, and made duplicate re
| turns of all the votes given for such of
. lice in such district, it is then, and not
till then, required (section 64) that one
of -aid duplicate returns so made by
-aid district return judges shall be filed
in the office of the prothonotary of the i
court of common pleas of the county \
I in which they shall meet.
The return judge of Somerset coun
ty, therefore, in thus absenting him
-elf from the meeting of the board, and
withholding from the other legal return
judges the returns from his county, and j
in thus co-operating with an illegal ;
board in endeavoring to give aeertifi-j
eate to Mr. Koontz, was manifestly act- j
i ing in direct violation of law, and in i
disregard of his official duty.
it is now claimed on behalf of Mr. :
Koontz that this voluntary neglect of'
duty on the part of his friend, the re- j
, turn judge of Somerset county, shall be i
made to redound to his benefit, and |
that he shall in fact be placed in a bet-1
ter position than if said judge had done !
his duty; for it appears that if the act-[
ual vote of Somerset county I paper 6) j
had been handed in by said judge to i
said board and added to the other re- j
turns made to the board and included |
in their computation, the result would j
still have been the same, and in favor i
I of Air. ('offroth.
The aggregate returns before the;
board, from all the counties composing !
the district, would then have been as j
follows:
Coffroth. Koontz. I
Adams, 2,707 2,3661
Bedford, 2,604 2,063
Franklin, 3,467 3,608
Fulton, 807 636
I Somerset, 1,692 2,612
Total, 11,067 10,974
Leaving Coffroth a majority of 93 on j
the face of the official returns from all
j the counties of the district.
In addition to this we have also the j
certificate of the return judges, (paper ;
I 16,) transmitted to Mr. Cottroth as re- i
| quired by law, (section 65) being the I
j official certificate of his election, which
| in the omission apparent on the face of
| the governor's proclamation would
i seem to prima facie entitle him to the
seat. The certificate of Mr. Koontz
j (paper 15) being signed, as we have
seen, by persons not legal return judg- j
| es, is, of course, wholly illegal and:
{veld.
It is difficult to perceive the correct- j
ncss or force of reasoning which, while
recognizing the majority of the return \
judges as the legal board and competent
to act, yet in effect makes all their acts
illegal and void, because one of the re
turn judges of tiie district voluntarily
neglected or refused to attend the meet
ing of the hoard and withheld from the I
board the returns from his county;;
| thus in effect allowing a minority of
j one a sort of veto power over the ma
jority.
i The return certified by the majority
I certainly embraces the counties of Ad-!
: ains, Bedford, Franklin, and Fulton,
and is an official certificate of all the re
turns presented, and of the aggregate
j returns, of votes from these counties;
and as the vote of Somerset county is
! undisputed and would not have chang
ed the result, we see no occasion or jus
j tification, on a prima facie hearing, for
going beyond the action of these return
judges who met on the day and at the
place fixed by law, and did all that the
law required them to do.
if, however, we should waive this
position and go beyond, not behind, the
action of the district return judges, it
would only be to ascertain the vote of
Somerset county; and that being ob
tained and added to the other certified
returns, as we haveseen, still gives Air.
Coffroth the certified majority of all
' the votes cast in the district and the
pri ma facie right to the seat.
Clearly the district board of return
judge from his county, and in deter
| mining a prima facie rigid to a seat the
same rule would seem applicable to and
binding upon the Committee of Elec
tions and the House. But suppose we
should see fit, in violation of tiiis rule,
to go behind the action of the district
return judges we come then next to the
certified returns of the several board
of county return judges of each county
in the district, which return- were not
separately before the governor. In
three of these, (papers 5, 6 and 7,) viz,
Franklin, .Somerset and Fulton, all of
the return judges unite in certifying the
re-ult, and the claimants each admitted
before the committee that on his hear
ing of a claim to the prima facie right
to the seat, neither of them could go
behind any one of these three returns
thus certified.
The home vote of Bedford county is
also certified (paper 8,) by all of the' re
turn judges, and is undisputed bv the
claimant, but the soldiers' vote of Bed
ford county is certified by a majority of
the return judges, (paper 9,i as 318 for
Koontz, and 94 for ('offroth, while the
minority of the return judges sign tin
other return, (paper 10,) which of course
is no validity.
A majority of the return judges of
Adams county certify to the returns of
votes cast in that county, including the
soldiers'vote, (paper 11,) giving Coff
roth 2,707 votes, and Koontz 2,366.
The minority sign another return,
purporting to include the home vote
and the soldiers' vote, (paper 13,) but
nothing appears on the face of the ma
jority return, from either Adams or
Bedford county, to show but what they
constitute the* whole board of return
judges present for eabh of said counties.
Taking the majority return of the
soldiers' vote in Bedford, and add to
the return of the whole hoard of the
same county of the home vote and the
majority return of the whole vote in
Bedford county, and theunanimous re
turn of thereturnjudgesfrom Franklin,
Fulton and Somerset, and on the face
of those returns the vote is as follows,
viz:
Coffroth. Koontz.
Adams, 2,707 2,366
Bedford, 2,504 2,058
Franklin, 3,457 3,508
Fulton, 807 535
Somerset, 1,592 2,512
11,067 10,979
Coffroth's majority, on the face of
these certified returns from the return
judges of these several counties com
posing the sixteenth congressional dis
trict, ii will be seen, is 88, and he still
has the prima facie light to the seat.
But it is claimed on the part of Mr.
Koontz that all the return judges in each
county must sign anocertifythe returns
of that county; that the judges must
act as a unit, and tint if they do not so
unite in signing the ortilicate, the cer
tificate is void and tie return invalid.
A similar position wa. taken by a dem
ocratic district board >f return judges
of the counties of Ftinklin, Fulton,
Bedford and Somerset, composing the
sixteenth judicial distict of Pennsyl
vania, in regard to retn :n of Holdiers'
votes forjudge, certified by the majori
ty of the county return udges of Bed
ford, the same as in tlas ease, (paper
9,) and said district return judges assu
med to reject the returi of soldiers'
votes for judge, so certified by the ma
jority of the return judgs of Bedford
county, because said returi was not sign
ed by' the remaining nine return judges
of said county, and in Ihis way over
came the majority for King, the Repub
lican candidate forjudge, and gave the
certificate to Kimmell, the Democratic
candidate, but included in their return
a statement of this soldiers' vote, and
the fact of their action in regard to it.
The governor referred the matter to
the attorney general, and Mr. Mere
dith, on the 36th of November, 1864,
in giving his opinion, uses the follow
ing language:
"The district return judges of the
sixteenth judicial district, com posed of
the counties of Franklin, Bedford, Som
erset and Fulton, have transmitted to
the secretary of the Commonwealth a
return in which they state that they
have not included the Bedford county
return of soldiers' votes, a copy of
which they annex, and they assign as
the reason for not including it that said
return was not certified to by nine of
the return judges of Bedford county.
The return in question is signed
by thirteen of tiie county return
judges, forming therefore a majority of
the whole number.
" The reason assigned for not including
this return is palpably insufficient. As
authority of the return judges concerns
matters of a public nature, a majority
may act at a meeting lawfully assem
bled, and their meeting is presumed to
be lawful in thenbsenceof proof to the
contrary.—The clause of the 79th sec
tion of the act of 1839, providing that
the returns shall be signed by all the
judges present, does not govern thopres
ent esfce; and if it did, it would, Ist,
be construed as directory merely: and,
2d, it would be presumed that the re
turn was signed by all the judges pres
ent in the absence of proof to the con
trary."
A similar opinion, as to the power of ;
a majority of the return judges to act ]
in certifying returns, is given by said [
attorney general in the paper herein lie- j
fore referred to, (paper 32,) and the ma-1
jority of the committee fully concur in I
this opinion of the said attorney gener- \
al of Pennsylvania, and consider a re
turn, certified by a majority of the
county return judges, as a good and
valid return. In the ease of the judges
above referred to, the governor, acting
upon the opinion submitted to him by
the attorney general, counted the vote
thus certified by the majority of the j
county return judges, a copy of it be- j
ing contained in the return certified to j
the secretary of the Commonwealth,
considering said certificate as valid un- ]
der the law of Pennsylvania, and as |
showing a prima facie right in Mr. King j
to the seat; and he accordingly awar- '
ded it to him by issuing to him the
commission. This precedent would
seem to be conclusive of this case. But
neither the attorney general nor any
other party in the case of the said dis
trict judge* ever claimed the right on a
prima facie case to go behind the return
of a majority of the county return judg
es and inquire what other soldiers' votes
or returns of votes, if any, had been re
jected or not counted by them, much
less to claim that a certificate of the mi
nority of said return judges was of any
legal 'authority, or was original evidence
for any purpose on the investigation of
a prima facie right.
But it is claimed, on the part of Mr.
Koontz, not only that the act of the
majority of the 'county return judges
in certifying these returns from Adams
and Bedford is void, hut that the Com-
I right to tin* seat, may not only go be
j hind these returns from Adams and
■ Bedford, but also in effect behind tne
! unanimous returns of all the other
j counties of Franklin, Fulton and Bom
| erset, so far as the soldiers' vote is con
i eerned.
The statement of such a proposition
on an investigation of this kind Would
seem to be sufficient for its own reputa
tion. It would be attempting to hear
the ease on the merits, without giving
the claimants the opportunity of pre
senting their evidence in full, would be
utterly disregarding all credentials, and
would obliterate all distinction bet ween
a prima facie right on the certificates
and papers from the proper certifying
officers and a claim founded on the mer
its on a full hearing of all the evidence
that might lie adduced by either clai
mant in support of his claim. [See ease
of Jayne rs Todd, vol. 1, p. 1, Reports of
Committees, Ist session 38th Congress.]
It should lie borne in mind that by
the resolution of the House referring
this ease to the committee, thecornrnit
tee are restricted in their first examina
tion and report to the prima facie right
of either claimant to the seat; and the
committee are to determine this from
the certificates and papers referred to
them, including always the admissions
of the claimants themselves before the
committee; but only those papers are
to be considered which come from the
proper certifying officers, and which
those officers are authorized bylaw to
make, and also which are pertinent to
the case.
Many papers have been referred to
the committee, which, on this hearing,
are not evidence for any purpose.
From the legal certificate and returns
of the district and county boards of re
turn judges in this case, nothing ap
pears in relation to the rejection of any
soldiers'votes; and those who allege
such rejection are compelled to look
outside of these certificates and returns
and resort to papers and statements,
which are not legitimate evidence on
this investigation, and which, without
further proof, would few, if any of them,
be evidence of themselves on hearing
of a contest on the merits.
11 is claimed on the part of r. Koontz
that the county board of return judges
of Bedford county improperly rejected
or omitted to count two of the returns
(papers 19, 20, and 21) of soldiers' votes
for that county; and that the return
judges of Adams county also illegally
rejected or failed to count eight of the
returns (papers 22, 23, 24, 25, 26, 27, 2s,
and 30) of soldiers' votes for that coun
ty; and that if these votes had been
counted he would have had a majority
of the votes for representative in Con
gress, east in the district.
While the committee are clear in their
opinion that on this examination of the
matter specifically referred to them in
thiscasethey have no right to go behind
the official returns of the proper certify
ing officers, and especially not behind
the returns of the county return judges,
and that those certificates and returns
in this case show that Mr. Coffroth has
the prima facie right to the seat, and
they so find and report, yet they will
add that on an inspection of the papers
presented before them on behalf of Mr.
Koontz, purporting to be returns of sol
diers' votes, on which he relies, they are
satisfied that most of those so-called re
turns are, under the act of Pennsylva
nia of August 2-4, 1K64, regulating elec
tions, in case of soldiers in actual mili
tary service, too defective on their face
to pass a legal scrutiny, and were not
entitled to be counted by the county
return judges even if they had all been
before said county return judges at the
time of their meeting; for, while the
said act is in some of its provisions lib
eral, and says [ section 27] that "No mere
informality in the manner of carrying
out or executing any of the provisions
of this act shall invalidate any election
held under the same, or authorize the
return thereof to be rejected," Ac., yet
there are many other provisions in re
gard to the manner of holding the elec
tions, the appointing and qualifying e
lection officers, the recording and certi
fying the oaths administered to them
before entering upon their duties, the
mode of keeping and certifying the
poll-books and tally-lists showing the
name and precise residence of each vo
ter and the number of votes cast, and
the mode of certifying and authentica
ting the returns of such vote, which are
essential and material, (2,4.*5,6, 7.9, Hi.
13, 14, 15, 16, 17, 18, 28, 32, 33, and 35, j
and which must be substantially com
plied with to carry out the letter, spirit
and intent of the act, preserve the pur
ity of elections, and properly guard the
exercise of the elective franchise.
The very language of the section quo
ted—"No mere informality," Ac., (sec
tion 27) —necessarily implies that where
there has not been a substantial compli
ance with any of the material require
ments of the act, and which is apparent
on the face of the papers themselves,
then the rturns are to lie rejected, or set
asside at least until an investigation is
had on a contest on the merits.
< )ne of these so-called returns for Bed
ford county, of an election claimed to
have been held at Barracks No 1. Sol
diers' Rest, Washington, I), ('..show
on the poll-book the names of only
forty-eight electors as voting, which
list is certified by the clerks and judges
as correct; and yet the same clerks and
judges of election return an aggregate
of eighty-seven votes as east for repre
sentative in Congress, or thirty-nine
more votes than electors voting, which
is manifestly an absurd and illegal re
turn, and should not and could not have
been counted by the county return judg
es. The return also gives no company
or regiment (section 7) to which the
soldiers belong, nor states any facts or
circumstances to bringtheni within any
of the special provisions of section 2 of
the act, which could authorize them to
open a poll or hold an election there.
So also the poll-book in the other so
called return for Bedford county, pur
porting to be for company H, 2oßth reg
iment, (paper 19,) shows only thirty-six
electors from Bedford county, while
the return gives fifty six votes for rep- j
resentative in Congress. If it be claim- i
ed that the poll-book shows the names j
of electors from otker counties, it is a j
conclusive reply that the law (section]
7) expressly says that "Separate poll-!
booksshall be kept, andseparate returns ]
made, for the voters of each city or
county and we see no authority giv
l en to the return judges of Bedford eoun
i ty to count votes cast for other counties,
and especially when as in the case of
this last return, some of the electors re
side in counties not within the congres
sional district.
Of the eight alleged as rejected returns
for Adams county, the three from the
hospitals, viz: Mower, Cuyler, and Mc-
Clellan, (papers 13,25,25) are by all the
committee admitted to be too uel'octjye-
VOL. 61.—WHOLE No. 5.336.
in relation to the certifying, signing,
and returning with the poll-book the
evidence of the administering the oath
to the officers of the election (sections
4 and 15) was wholly disregarded. (.See
also on this point the ease of Blair vs.
Barrett, Bartlett's Contested Election
page 315, and cases there cited, i
So also in the case of company C. 202 d
regiment, paper 22, where only one
judge of election appears to have been
appointed that the return was invalid,
(sections 4 and 4, ) the law expressly re
quiring three. iSee also Howard vs
Cooper, Bartlett's Contested Election
Cases, page 282.) The returns of com
pany 1, 210 th regiment 4paper3s,) do
not show that two of the judges or the
clerks were sworn, a certificate of which
the law (sections dand 15) ex pros ly re
quires. (See al-o case of Blair vs. Bar
rett. above cited, i The returns for com
panies B and C, 138 th regiment, (paper
30,) show that these two companies vo
ted together at one poll and having the
same election officers, both judges and
clerks. The law (section 2) directs that
a poli shall be opened in each company,
and that all electors belonging to such
company, and within one mile of the
quarters on the day of election, and by
orders, Ac., from returning to the quar
ters, shall vote at such poll. The return
shows officers of both companies par
ticipating in the election, indicating
regular company organizations, and
does not set forth any of the facts to
bring the electors within any of the
exceptional clauses of the statute, sec
tions 2, 31, and 33.) The returns for
company B, 21st Pennsylvania cavalry,
either show the judges and clerks of e
lection to have been sworn before one
James .Mickley, who was not an officer
of the election and had no authority
(section 5) to administer such oath, or
else that neither of the judges or clerks
of election were sworn, and in either
ease is in violation of the law, (sections
5 and 15.) The poll-book or list of elec
tor- voting at said election is net certi
fied as required by law, (section 15,) nor
were separate poll-books kept or separ
ate returns made (section 7) for the vo
ters of each city or county; hut it would
appear from what is claimed to have
been intended for a listof the electors,
that there were forty-four whose names
and residence are given—four from
Franklin county, one from York, and
thirty-nine from Adams county —while
forty-one votes are certified as cast for
representative in Congress, being two
more than there were electors for Adams
county.
The remaining return for Adams
county, company Iv, 184 th regiment,
(paper 30) being' 22 for Coffroth and 39
for Koontz, would not, if it had been
counted, have changed the result, but
would -till have left a majority of 70
for 3lr. Coffroth. There are other ob
jections which might be raised to the
legality of many of said returns so pre
sented but the forgoing are instanced
as apparent on a first inspection. How
many of these objections might be re
moved by other evidence on a full hear
ing upon the merits the committee are
not now called upon to say, nor do they
know what the facts may be which re
late to the validity of the elections so
held, and as to which the returns ap
pear to be so defective. But these re
turns, whether legal or not, are not
proper to be considered on this investi
gation. When on a contest on the mer
its the facts may be fully developed, if
any legal votes are found to have been
omitted in the count, full and final jus
tice may then lie done both to the vo
ter- and to the respective claimants;
but until such an investigation is had,
the committee, on the question of a pri
ma fack right to the seat feel constrain
ed toabide by those precedentsand rules
of law which experience has proved to
be the safest guides in weighing and de
termining impartially questions of this
nature.
The committee therefore recommend
the adoption of the following resolu
tions:
Resolved, That Alexander H. Cof
froth, upon the certificates and papers
relating to the election in the sixteenth
congressional district of the State of
Pennsylvania, has the prima facie right
to the* vacant seat from that district,
and is entitled to take the oath of office
and occupy a seat in this house as the
representative in Congress from said
district, without prejudice to the right
of William H. Koontz, claiming to have
been duly elected thereto, to contest
his right to said seat upon the merits.
ll<solved, That William 11. Koontz,
desiring to contest the right of honor
able Alexander H. Coffroth to a seat in
this house as a representative from the
sixteenth district of the State of Penn
sylvania. be, and heis, required to serve
upon the said Coffroth, within fifteen
days after the passage of this resolution,
a particular statement of the grounds
of said contest, and that the said Cof
froth lie and he is hereby required to
serve upon the said Koontz his answer
thereto within fifteen days thereafter,
and that both parties be allowed sixty
days next after the service of said an
swer to take testimony in support of
their several allegations and denials,
notice of intention to examine witiw-s
-- to be given to the opposite party at
least five (lavs before their examination,
but neither party to give notice of tak
ing testimony within less than five days
between the close of taking it at one
place and its commencement at anoth
er, but in all other respects in the man
ner prescribed in the act of February
19,1851. CHARLES UPSON,
H. L. DAWES,
PORTUS BAXTER,
S. S. MARSHALL,
WM. RADFORD.
IMMIGRATION IN 1866. —According
to every indication the emigration to
the United States this year will be very
large. The troubles in Ireland will
drive thousands to our shores, unless
the "Irish Republic" should be estab
lished. an event which notwithstanding
Fenian assurances to the contrary, is
not likely to happen. Germany, accord
ing to recent dispatches transmitted to
the State Department, is about to send
a larger emigration than has reached
this country for many years. The re
sult of our war of the rebellion, the re
establishment of the authority of the
nation, and the display of strength and
resources which we have made is hav
ing a very great effect upon the Old
World. They settle beyond all hope
of future dispute that the United States
is to beeoutinued in power stronger
than ever before: that they will insure
to the population happiness, prosperi
ty, and ability to maintain the rights
of manhood free from all oppression,
and with the enjoyment of all those
which make life valuable.—
The destiny of this country is to be the
protection and the hope of mankind,
and the dissominiQ.hmor liberal nrinci.
(From the N Y. Sunday Mercury.)
A DISBANDED VOLUNTEER.
The late interview between the Pres
ident and the Negro Delegation, head
ed by Fred. Douglass and G. T. Dow
ling* is described by our old correspon
dent in his most amusing vein. Possi
bly the description may be more hu
morous than literal, but we apprehend
that the Disbanded speaks the simple
truth when he says that the sentiments
of the President are not misrepresen
ted.
NAYSHNAL IIOTTEL, )
Washington, Feb. 8,1866. j
Edyturs of the Sunday Merkary:
The onterrified African hes hed a
grand tork with our Democratick fel
ler citysin, President Andy Johnson.
Yest'day forenoon kwite a likely gang
of abel-boddid and asspirin darkeys,
heckled by Fred Dugallass and George
T. Dowling, who, I bleve formally kep
an oister shop in Broad street, New-
York, and wassumwhat distinguished
for his briles, called on theCheef-Madg
istrait to instruct him as to his dooties
and obllgashins to the blacks and tans
of the South. Butler, the Bottleman t
looked in at the White House about the
same hour, and was ankshus for an im
medient intervew; but Mr. Johnson
j lieving perlitely rekwestedhim to cork
up and simmer down ontil the blacks
had hedthar turn, he retired with the
same reddy aiaekrity that caracterised
his movements at Fort Darling and
Fort Fisher. The delegashin, which
I represented our dark complected breth
ren in all parts of the United States and
the conkered Southern provinces,shuck
hands with the President kwite amica
ble, and Cityzen Dowling opened the
pal avirwi th a speech 11 la td i d great cred -
it to his ebony instinks. lie remarkt,
in substans, that Jack was as good as
his master, and rayther better; thet
wool hed as much right to go to the
polls as har, and thet ef the niggeroes
warn't fully admitted inter the pale of
freedom, thar never eouid be that cor
jal soshil intercoarse atwixt the whites
and blacs, witch the simildarity of thar
tastes, intellecks and fizzieal conforma
shin, renderd nessaserry for thar mute
shel comfurt, happiness and conveen
yence. Hesedhe appeerd as the deli
cate for New England, the land of Sum
ner. and Wilson, and Spraig, whar the
Ethiopian and Cawcashian was wun
and onseparable, and Dingy Dinah was
as deeply respected by the calico shiv
erally as .Mrs. Beechers Toe.
Fred Dugallass, who reely torks e
kwili to a Philadelfy lawyer, and is
mutch more of a gentleman thanThad
Stevens, follerdsoot in a moreelequent
vain. He argued from Coke and Black
stun, that culler was no bar to the rights
of suverinty. "Look at England," he
remarkt, "from the airiest ages she has
reck<>gnised the ek wality of the African,
and ef the Black Prence had a lived,
-he wud have had a euilud nmfira
King." He also referd to his great ann
sister, Black Dugallass of Scotland, as a
darky universally respeckted in his day,
and to his majesty the King of Siam, as
; a fine French and Latin skullard, tho'
of the eomplexshin of the ace of clubs.
Here the President, with that grave hu
mer for which he is remarkable, in
kwired ef the King of Siani didn't pay
hummagetothe White Elephant. Fred
rick sed he bleved he did, and wot of it?
To which His Eggseliency replied that
he would advise the cullud race in A
merica to do the same thing, or mebbe
they mought feel the animal's tusks.
This dry observashin took the cham
pyoii of Sambo's rights slitely abeck,
but he soon returnd to the charge and
pled the caws of his peeple for about
fifteen minnits like a perfecksteauabote.
The President then breefly responded.
He sed he had taken grate plesher in
play in the part of Holy Moses to the
Sons of flam, but the fact was they
wanted too much pork for their shillin.
lie was thar frend hand and giuv [at
the same time puttin on his gluv and
offerin to shake hands with Dowling],
and was willin to lead them into tne
land of Prommis, but not, right away,
into the land of Performance. They
must be content to waitawhileon Mount
Pigsah and admire the prospeck, afore
they went the entire hog. The major
ity, he allowed, wasagen convartin em
inter suvrins, ontil they had tested em
for awhile in thar noo capassity, and
seen wot kinder metal they wer* made
of. Ef they didn't want to be eggstcr
minated, they'd better let well enuff
alone. Those as egged em on to demand
full pollytickle ek wality was just the
kinder frends as would stand at thar
backs and see thar brains blown out,
and he advised em as a father, not to
run agen a snag.
I dunno as theabuv war percisely the
President's words, but I can vouch for
the accuracy of the sentiments. In
coarse the remarks didn't meet thedel
ecashinsvews. They had jistcu ncock
ed and primed from Thad Stevens and
his whippers in, and warnt prepard to
lissen to resin.
To use thelangwidge of a poplar poick
••DiignHass around him drew his cloak,
Folded his arms and thus he spoke
Ses he, "Mister President, I shell ap
peal from you to the peepil."
"Do so!" anserd Old Hickory the
Seckind. "Do so, my mulatto frend.
1 hevamazin confidence in the peepil."
Good for him, warnt it? And his con
fidence isent missplaeed.
I understand the Rads air perfeekly
ravin at tho manner in which thar pets
war treeted, and you may expect anuth
er broadside of revolooshinary tork in
both Housen afore the week closes.
Considerin the way they're pitchin
inter the President, I wunder hedusent
rehtoove thar hangers-on from all the
departments of the publick sarvis, and
put his troo frends in thar places. Seteh
a mesher would be very apt to bring the
Disunion blackgards in* Congress to thar
senses; for thar isent wun of em that
hasent got a hull gang of mercynary
satellites dependent on the Govern
ment for support, haf whose time is
spent in libellin, abusin, and eursin the
Peepii's President.
Hopin that he'll sun put an eggstin
gwisher on these vermin, and fill thar
places with decent men,
I remain
an Andycrat ur> to the handle,
and yours, alius,
A DISBANDED VOLUNTEER.
A PROFOUND observer remarks: "I
have often observed at public entertain
ments that where there is anything to
be seen, and everybody wants particu
larly to see it, everybody immediately
stands up, and prevents anybody from
seeing anything."
THERE is a boy down East who is ac
customed to go out on a railroad track
and imitate the steam whistle so per
fectly as to deceive the officer at the
station. His last attempt proved em
inently successful; the depot master
came out and "switched him off."
THEY manage things funnily in Cal
ifornia—military funerals for instance.
After burying the defunct, the band
conies back and serenades the widow.
THERE is a negro in Philadelphia
[ who is distinguished for the size of his