(I he iiln^uiwr LS I'i'Bl.l- i ; to K\ r.i;v l itl DAY Mt) tN'ING. I ,V.\S.' - OiiN LIT/, • \ ,! t iA si., - tue.Uengel House iii :i >! : >KI >, PEN N* A. ir.aus: . >( , i,i ,eur it paid strictly 111 advance. .1 (iaid within six motilli- yj.sl. j |>ai! within the year SS.OO. ..aomii & gumm sa t&&.\ ■S'-ff 6 meysatTl W . . i ll : KB J. T. Ki:*BY. l.Kl; & KEAGY ; i-;•/) iiiivl a. [ai tuer.-hip in the practice of Vticntion paid t Pensions, Bounties ■ .i,ms against the Government. u luliana street, formerly occupied by king. •prU:'Bs-ly. 3i \ i'tLNKR, V l liiriir.l at I.nw. iiisliortl. !*.. \\ promptly attend to all business entrusted to his care. Particular attention paid to the cottoction .reclaim-. Office on JuUanriast., nearly .• Mrnirel House.) ja23, '63.1 v • , I " ATT'orxky at LAW, id, Juiin ' kssna, on Pitt >t., opposite the !!. tel. All business entrusted to bis care ; c ithtul and prompt attention. Mili i;ih. Pensions. Ac., speedily collected. ,| . rii , 3(M t, 1866. i BORROW JOBS LUTZ. i;BORROW A LUTZ. .; ;TO it.vi■; l "S .I T iit *, Usi.roßi', PA.. d . rcmptlv t.. all business it. trusted to -,re. t'oUectn ns made on the shortest no v arc. k' >, rc_ ' trly licensed Olaiui Agents .. /ice sp' cial attention to the prosecution _;r iiist tl: G ivernmcnt for Pensions, ~ 1 111 v. Bounty Lands, Ac. Juli.'ina -tree, ur door s'nufh of the id House" an i nearly opposite the /niyinYc, April 2s. 1 Sl>s:t f . ALB] F iTThRNKY AT LAW, BKIIKOIMI. PA., aitlmoi v and promptly attend to all busi -- . a ra-tfUi. In- -arc in Bedford and adjoin iintic-. Military ilaiius. Pensions, la< k i ... ;v. ic. s|.f in- collected. Office with • -pang, •" duhaiia street. 2 door* south '!' ■ l"e 1 Ilousc. uj'i i. 1 sol. tti f . \. R'tlN iS. \ I vr rOKNEY AT LAW. Bbbpobb, PA. 0i1. .11', tenders his protessioTial services ,i . office wi'li J. W. l.ingeufe'.tcr. i; Juiinna street, two doors South of the ~ c Ilou-c." Dec. U, 1864-tf. 1 v fM M KLL \XD LINGISXFELTUR, •., , ; KYs AT LAW, BEIO'ORH, PA. Pi u. oil a partnership in the practice ot .it...,. .iuiiatia Street, two doors South • Men gel 'louse. . !. ISfil--tr. _ . ; I!IN MOWER, ,; ATTORNEY AT LAW. \pr\\ 1. I Hoi.—if. _ s>LXTiSTS. v ]'\'i ts'PSS, I'Ki-r ir. PA. : ; ./• 'it in the Hank UnihiuKj. Julia Stent. \;i i ;ei ati >ns jo rtaiuiug to Surgical or Mi h-iai Dentistry carefully and faiihlirlly p< r •• warranted. TEIt-MS CASiX. jauiOAly. I yv to LSTIiY. {he gfhrci -Hi BfopagrKW; dhr-fiT i.:' :• D.tic? of his arn'i --sinn. At all other inn - can be bund in his oflicc at Woodbury, •_ the tost Jlond..;. and Tuesday of the . is. which he will end in Msrtinsburg, i . y.Pcnna. Pc-otis desiring operations early. a. time is Hm-Dd. All opera nt"!. Aug. s,ls!>-L-tf. I'll YKIC'IAXN. \Y~SI. W. JAMISON, .M. 8., >\ BlckiY Rrx. P. 1., illy ten Icm his professional services to ■ 'hat pla •in 1 vicinity. [dec-: tyr j). H. !>: NNSYL. M. P., i:te Surgeon with I*. V. V.) ECOODY HI N, PA., ■ r|i ru-tonal services s- Physici.ni and gi si i!i,- citi/.' ns of Elooily Hun and vicin dccl:lyr j •! B. P. HABRY. ' " ! • • fa:ly enrier* his professional scr r!i itirc-ns of Bedford and vicinity. ; residence on Pitt Street, in the btiiidinv , iedby Dr. J. 11. HoCus. i. I ;j—u. j i. M ARBOUR*, M. D. t '! . ving permanently located respectfully his pofe-sional services to the citizens if ore and vicinity. OBiec or. Juliana st rcet, -ite the Rank, one d cr north of Hall ,fc Pal il' c. April I, 18fi4—If. SiOTKEN. J >i:in ('i:ii n. 11. HUTCHINSON, Proprietor. jinfirfis. ISA Mi i;i{*f. IU"PC O. K. -HANNOX F. MEXIIDICT I>' PP. SHANNON A CO., RANKERS ft BEDFOP.J), PA. BANK OF DISCOUNT AND DEPOSIT. CO ELK' HONS made for the East, West, North ; it) South, an 1 the general business of Exchange, rati-acted. Votes and Accounts Collected and • ..ittanccf i rompUy made. REAL ESTATE itt ana i"dd. apr.r.i,'64 tf. JKWELKR, *<•.. {•BIN RKJMIVND, • ULOT'K AND WATCH BAKER, tin- l • ded States Teleprapb (iffiee. EEDKi ED, PA. it ai'-hes, and all kind- of jewelry repaired. All work entrusted to his ears tinted I ' give entire satisfaction. [nov.Myr j \ANIEL HORDICR, ' 'ITI Mia.KT, TWO noons WKST OF THK BKf> •r TBT. EEBPOKD, PA. I M\: ER AND DEALER IN JEWEL RY. SPECTACLES. AC. y • , , v " n DMIHI B stock of fine Gold and Sil t. - j ectaclcK of Brilliant Double Hefin-* *. ;.Btt Scotch Pebble (}l(b 1 d! also attend to the sale or renting of real : t , Instrouont .of writing eaicfntly prepar • f c nt V * e,,lin S U P 1"" • If hip# and'i thvr ac- A| 1 '!—tj. DURBOKROW & ll T ?Z Editors and Proprietors. tt dir f rtlfoTtl BKHFORI), PA., ttlßif JAR. 5, 1866. ARGUMENT OF HON. JOHN CESSNA, Counsel for Hon. Wm. If. Koontz, Before the Committee of Elections ot the House of Representatives, in the Contested Election id Kie lHtli Con gressional District of Ueiuisylvania. Dec. 18th, 18G.Y. Mr. Chairman and Gentlemen of the Committee: I regret very much that other j duties have engaged my attention so com pletely for the last tew days t l*K- 1 have not been able to prepare an argutndfct i.r tbis case. Allow me to make the further pre- j liuiinary remark, that, if 1 appear to he somewhat zealous and perhaps a little warm in the progress of this discussion you must attribute it to the fact that we in our dis trict feet this case pretty deeply. 1 reside iu the district. We regard it there as an effort, unscrupulous in its character, and in utter disregard of the plainest and be-t un derstood provisions of the laws of Pennsyl vania, to defeat the dearly and fairly ex pressed will of the majority of the people of that district. Perhaps you will ail un derstand that there is nothing in this coun try. so much calculated to create bitterness and produce hostility and diversity of opin ion. My first proposition, to come to the mer its i' the ea-e. is t his: 1 am not going to attempt a definition of what is termed a prima facie case nor of what are to be un derstood as the terms of the resolution of the House referring this matter to thi- Com mittee. 1 may differ with the chairman and with the different members of the Com mittee, and perhaps its members may differ with each othc; as to the abstract definition of the term. The Committee will under stand well enough what 1 mean by a prima facie ca-e belore my argument is done. My first proposition, 1 say, is that we have laid belore you a paper signed by five return j judges representing the five counties euibra- I ceil in the 16th Congressional District-, cer ! filying to all the vol os cast 011 the-d Tuesday u' <) tot i for men her of Congress iti that District. 1 pun that i turn my client ap pears to be legal!. < 'is-ied. I in*} add in | regard to that eers .'a ate that up to tin-hour j it never has been alleged by anybody .ha it ! contains a single Ibegal vote, not one, and 1 I ilefv contradiction upon this point. Prima | facie then, that certificate ought to give him i the seat. i Mr. Coffroth pre t tits a certificate signed i by fpur geutleuien, one of the four being ! one of our five—a c rtificate which upon ! its face i.- shown by the authority on which j the gentleman rgti-s to i provides that the judges shall make returns of 'all the vol s given for such office in said district, and "1: lie name of the person or persons elected,' and further provides thai it snail be the duty of the Governor on the receipt of the returns of the e'eetion as aforesaid, to declare by piodamatiou the names of the persous so re ret urned as elected in the respective district.: that is to say. returned as elected in a return which also purports to return alt the votes given for the otlice in the district. The pa per in question does not purpoit to return all the votes given for the office in the district. It shows on its face that the vote of one coun ty in the district was not counted, and there fore that the judges had not before them the means ol knowing who was elected, and in deed the return substantially is, that Mr. Cof froth had a majority -'of all the vote-scat as counted before the board," (that is to say, of the votes in four out of five counties which composed the district,! and therefore is duly elected. This return is so essentially defec tive that 1 conceive it to be no return at all, and aui of opinion that the Governor ought not to base his proclamation on it as a re turn. ••f regretted to observe on the argument that it was stated by the counsel of Mr. Koontz, that all the illegality, irregularity and contusion which have attended die returns from this district, arose from the action of a majority of the judges of election in A'iauis, Bedford, and perhaps one other county, in il legaiijy throwing out parts of what are called the soldier's votes. Their duty is clearly de fined by law to be to cause the clerks to make out a fair statement of all. the votes which shall have been given at the election. "fo usurp the power of throwing out, at their discretion, any voles so given, is to com mit a wilful and grievous offence. for which, if found guilty by a juiv. they can be ade quately punished. Inconvenience from their j illegal course can also be avoided, as the | House of Representatives has full jurisdiction over the election and returns, and may apply a summary remedy if the alleged state of facts should be properly substantiated." Now "•enticmcn tliis is the fir.-t, proposi tion. We present you a paper, pur|*orring to contain, ami actually containing a fair ana full return of all the votes oast in every County in liie district, and containing noth ing more, as a prima facie ca.-e. i will offer you in support of it the very authority which the gentleman himself produces. Mr. Fuller. —\\ c present it as authority so far as the fact.- are concerned, we do not offer it a- law. Mr ( Vsmiit. neither do 1. In some par ticulars 1 think it is good law, and you pre sent, it as law, I imagine, as I do, just so far as it suits you. If you are then gentlemen to receive the definition of prima facie which in. opponent dcsMcsyou to adopt, we present you a paper entitling my client to the seat an 1 which can only be overturned by proof to be addu ced from the ol hoi side. On this point I desire to refer the Committee to some au thorities. I". S. -Vol. p. "2.: •'Where one ticts under a colorable title to an office, his title can otdy f examined before the Supreun (hunt, ami that iuiiiie 4]iateiy.— MeKirn Smiers, I Penn 2 ( j7. "A mere Uiini.-tei ial officer ha no toe c.doctt the aci.f of an officer h. i do not know what vi< w von ina.v take HI : raid to tin;t point, and 1 nf, - ] do 0 .oc vi r, much. Ui cui.e . won d " A LOCAL AND GKN'IIHAI, NEWSPAPER, DEVOTED TO POLITICS, EDUCATION, LITERATURE AND MO It ADS. glad to lave you Hustditi it, Lecau -<■ that i would be an end of the ease. But it is due j to cander to say that my purpose in pre; tut- i ing it was to enable the Committee to un j derstand the necessity which I believe there j is to exaniiue eortuin patiers eounected with . the ease rather tliar. lor any other purpostt. It shows thin lact that without jro..f this prima fiwie cannot be overturned. (J-eufie men on the other side must p-.-oduce. smue thiug either written or oral, ladbro that pi> sitioti can be eoutipvectud; ana if they are j permitted to introduce other evidence or i proof, for the purpose of invalidating the j paper wo have offered and with Which we start, then I aiu well satisfied you will allow i me to : introduce papers connected with this ease for the pvutkihT of overtluowing what j may appearto some ot'■.*&*•**■ lMg -iwi- ■ ma facie case for -Mr. (a iff roth. The next reason why I say the paper pur- j portine to be a ceitificate of election in fa- j vor of Mr. Koontz is valid, is, beeau-e it j signed by the proper officers under the laws | of Pennsylvania. There; •no dispute before ! this Committee that-Mr. VVf'l was a legally chosen return judge front tlie County of Somerset and his name apj ear. to this re j turn and is attached to our certificate. Secondly, it is not disputed by anybody j that Nathan Winter wa- a legally returned judge from the County of Fulton—and it is , a little remark able in a case like this that i anything should be without dispute, because everything that could reasonably or unrea sonably be disputed has been —but the legal j right of Mr. Winters to act in that capacity : has not been controverted, and i- ut in dis pute, although ho did sign boLi <■< rtiiicatcs. | Mi . Sket'ab u-ifir inquired whi ii ci > t,ifi-j cate Mr. Winters iem d iSrsf Mr. ( • --na. i He signed our.- first. That i admitted. : Then GenUeim n we ltav two return judges | without dispute, and 1 now proceed to argue i that Mr. \\ ilhelm was the legally appointed j return judge for the County of Fiatiklin —| that he was the only individual who e-.mid ; properly act a-.-uch from that County, and , that Mr. Lacker who signed the certificate of Mr. Coffroth was not a iegally elm en re- : turn judge. Tlie condition i on to count the j I precinct votes, oth wi.-e calh <: the home: ! vote, ami to a. .--. u.b]i; two weeks .-uh i qucntlv for the purpo of recoiviiig and oounticg the soalici t vot<. At the first | meeting of till board, so held, these udg< elected Mr Wilhelti) as the Cnricrt -ioiial | return judge for that county. At the t-cc j oud n?' ctihg In 'd two w-.. li- later, not upon : the jpuggestioO of Air. Wiilmlm as the gen : tieoian slays, but upon the staloment made j hv him that he had been informed by one of" the clerk.- of tlw. board, the election by the ! former meeting wa- not valid, they procoed jed to elect Mr. .Lacker. Now then I hope j to he ex (tilled for travelling, perhai - a iit tie outside the ret- rd to rive y.v;. what I be -1 liove to be the secret lot this difficulty, j Mdhr'. AWrg t !''dg',Y..lU>i,uitd t].• t Friday j trict in the army heite; then ff.r tb ." luost | part far away, their vote had only been re j cesvgd to a -mall extent and everybody from j one end of the district to the other impos ed Mr. Coffroth had been legally chosen | member of Congress from that* district. i here Was then no reason for any special j care in the selects n of a return jud ■ to ' carry the vote of Franklin county, and Mr. j M ilhelm. in hone t. fair, straight-out man >va- elc.i.d without opposition !> that hoard. Rut before the >0 week - iitmM the first ami second ossein!ding of the couti ty hoards hude'apso i. the returnscoiiting in to the Prothonola:i ' offices in the ..." ral j counties of the district made it a parent 1 tb.it the soldier.-; in the army had not voted I as the people at home, and that my friend ; Gen. f'offro'h \va likely to be defeated. | lhen otn-of the el -k- of that board end who had an understanding with the leaders jof this movement: 1 nicest? to this plain, ■ honest fanner th.i H < ion of this re ■ turn judge at a bene ... nig. \us prcsua j fur'and that -•mie'-odycl.-e nm-t be chosen, 'and Mr. Lacker v. a.. C.eriipon chosen re turn judge for the county of Franklin. Then, sir, the FrotlvuioUry of the coun ! ty of Bedford, withholds J 19 votes of the ! soldiers of that county. The return judaa i of the county of Adams also performed their ; part ol the airangment by throwing Out the votes of .-oluiers of the army from that j county. These facts are upon vour table as 'a part of the paper referred to tin: com , mittee by the House, n- a part of the returns 1 made to the Secretsr- of'the commonwealth ; e>f Pennsylvania. Von have their action in the premises and their reasons for so doing. | Wlnt are they "One return of To odd votes is thrown out because if says, "we, ! the undersigned, hti mg been duly chosen I "iheer.- to conduct the election of act rtain j cttiu]) for a certain company, "having been ; first duly sworn acceding to law, proceeded Jto hold said election." These gentlemen in I the county . i Adam-, under the instructions i of those who had taken the job in hand, re , jectwil this entire vote ! • cause it did not ap pear upon the lace of the return by whom ; the the officers were -worn. Carrying on' thj >se same instructions eight return- - were rejected in the county of Adams, two in the county of Fulton an ! two in the county of Bedford, making twi Ivc in all, and embrac ing >~~2 votes—of per ons as much en titled to be heard at the polls as any of those remaining at home—ln the the couii ty of hrankhp, where riio return judges were nearly evenly balanced in their politi cal opinions, they inadvertently elecel a man of the wrong polities to cairy flits n.i turn, but after it became ne< siiry for Ad ams Bedford, and to throw out i turns of soldiers votes. Fnipkliu p.> formed its part by turning out the man they had elected to carry the return to the district board, and elcctingthis Mr. Lacker. Now Mr. Meredith declares in his opinion that at any time when these return judges ! had been assembled lawfully: they might I cboose a return judge, and it therefore be- : conies optional with them when he shall be j elected i! they are assembled in lawful meeting—Mr. Meredith boh s that the sub- i -stpieut election of Mr. Lacker Was valid, i i (lifter from him. and desire to give my | authorities. L refere the Committee to 7th I Barr, p. I'll "AJI election once made i- irrevocable." io the same effect i- 11 Johiison, 2-11. From the- ' it appears that, a party having a ; right to elect as to time, and ha ing once | made his election, cannot subsequently re voke -arch election, and c!e >-e a different time. ■'Aii offi when one■ ill)! ii. ; unoi 1,0 , 1860 Fulton county, having gone into this board and discharged his duties as such judge, met with aaother assemblage, snfcsequeiitly, and si mud the c rtiiieato of Mr. Coffroth. But 1 think it will not require argument to show the members of this Committee, that, hav ing been appointed return judge for the pur pose of performing a single act, when that act was performed, when he met the board of district judge and certified to the result of the election, his duties were discharged, and he na+fiiHciu* ojjicio. He had no pow er legally to meet with auy other board or do auy other act. Mr. I'jison said, if he understood the stipulations, that the regular returns of Franklin county were taken by Mr. Lacker toCbaiubcrsbu:g; if thai was true, he i i quired xmaraMt. Wiihelm- his returns- Mr. ( V .sua. —From the Froihonutary's office, I presume. But J propose to ask my friend from Michigan this question: When Mr. Winters, of Fulton county, met out board, and surrendered his returns, where did he get the returns which he took before the Coffroth board? Mr. C". ft rot It. —This was the regular re turn. He ue\ r took any legal return to your board. Mr. Cessna. -Now, gentlemen, iu this connection, let me call your attention to one other fact Dir. Mann, ofi Bedford county, w scleeled return judge at the first meeting of the county board. Mr. Lacker, of Frank liu county, was -looted at the second meeting. Both these individuals signed Mr. Coffroth's certificate. W t in.-ist upon it that our op ponents ought t.u be cofi.-i.-tenl; that if there is any vitality or force in their argument, that Mr. Maiiu having been first elected re turn judge from Bedford, he was the legal officer to carry the vote ofi the county to the District Bo d. The; should also admit that Mr. Wilhcim. the gentleman first elect ted return judge from Franklin county, should also be considered a-the proper offi c. r fot that purpose. His name is to our c; rtificate. Mr. Chairman these are but preliminary parts of this case. They are not vital, but they are not so inconsiderable as to be prop erly xoluded or omitted. The point, (in Wiiioh 1 rely with most absolute certainty, I will now state it: very few words to the Com- 1 a-serf, as p. rt of the law of Pcnttsylva jiia. that every county board, and every dis trict board, uiu t act as a unit, and cannot at otherwise. There is not a ease in l'etin vivania, cither in the Common Pleas, 1 >is n ict (h urt, or Supreme Court of the-State, within my knowledge laud if there is I will be obliged to my opponent to produce it) in which any action of any board of return judges or district judges in the whole State o J ' "Pennsylvania has divided and been sustain ed. it. is not indispensable, undci the lawn of the State that every return judge shall be jrvscnt. A majority of those appointed by law must attend in order to make a board, but when they have assembled they can act only as a unit —and any other action or dc cisiuii is no action or decision at all. I do iii lTl ,v ; of the Adams w hat a majority of tlttf jtfftjsi a. of Bedford have decided. 1 do not care what a majority of/he district judges have d vided. If they were not a unit, their dor c: ion has no validity whatever. This very questiou was decided in JSP4 by the Legis lature ,f Pennsylvania, relative* to the vote of three of the counties of thi - Congression al disM-ict, constituting a representative dis trict—the counties of Somerset, Bedford and Fulton. The judges divided and scut up two sets of papers, but the Legislature decideo that both papers made but one re turn. Ibe law says that the returns shall be signed bv all the judges present—these are ;t he words of th statute, and this question j was thus ducidco by the Legi.v.ttureof I'enn j sylyania. Beer one of the judges inclu ded the return of soldier's votes, which tl other- exe'udc.d, the two pajiera were pu { together and . ounted as one. And so in this ins tance if the soldier's votes which a I majority of jud.es excluded in two of the e unities are included, Gen. Kooutz is elect ed as clearly as ever a man was elected tc a seat in this House. It is a miserable at , tempt !o veil brow the will of the majority j for base and wicked purposes. And not only this, but if (fif. Commi lee 1 lease, the Courts in Peuusy'lvania have I also decided chi - question in a county eko j ..ion for Sheriff. The home vote idect 1 ! i houijison, the Bepublican candidate, and of th : board consisting of 24 members, fif teen signed the certificate electing Thomp son, and nine Democratic judges signed one I electing loving, the Democratic Candida.e. I admitting 3000 sold'cr's votes wlrch had been rejected by the other judges. The Court decided that the two papers made but out-, ami approved the securities of the can didate who by the united return received t lie most votes, although he had but nine judges who voluntarily certified to his elec tion, whi'e the other had fifteen. I IIK OJIAIR.M SN inquired whether by put | fnigdi'- t wo paper-together it was held that all the judges had signed the paper thus united.'' Mr. ('■ - HI. -no s:r. but the courts of Petma. Jiave always looked at all papers to ascertain for whom a majority of votes were ! given. Mr. ( p.son asked, if portions of the judg |e acted q.ainicly upon different papers, | how pelting them together would make the I a tion of the Ixiard a unit." 1 !r. ,rt.~ It did not,; but I care not how you gnrd b. If yon put both these ;,i;ij,er • .--en;l'd to the committee together t- on ■ n v client has a prima facie right to the seat for tltev show that he had a major ity of votes at the ballot-box. In this ense of Robert. Ewing, before the District Court of Philadelphia, the ques tion was this: Two gentlemen claimed to have been elected Sheriff, and the point to be determined was who was to be sworn and I whose securities were to be approved on ihe )!< -entntion of the case, prima facir. The Court was composed of two Republi cans and otic Democrat. I read from the Philadelphia reports, vol 4. p. 3-70 "Uaeh of tin- candidates chiming to have been elec ted Sheriff at the late election, presents a certificate, certifying in the case of Robert Kwing, thnr lie v,a-elected 'with the army vote received under protest,' and in the ! case of John Thompson, that he was dill elected Sheriff hy the legal votes computed bv the board of return judges," "We have also two certificate- or returns ot eW:ion j lib d in the office of the Piorhonotary of the i C inni. il Pleas : mr c itifying that John Tin mpsi'ti having received 30.758 votes, j and Robert Ewing '.t,7i2, John Thomson ! having the highest number of votes polled for .Siieritf a • aforesaid, we do hereby de-j e'aie hitn duly elected .Sheriff for the city and county, of Philadoipliia." This return is signed by fifteen of the return judges and by-one clerk.'' "A'-purently therefore we Imve two i- rtific-iti : .d two returns, lead ing • I diiferent .HI I .ipnosite results. We unist either Lend rl < two returns into one nttibgive a consiru. .ion to it as one return or w must rmjet t-thts -'in' and accent th "Mier aslliu leg a an i p. .ipcr y. turn: v. are of the opinion that up the question of the justificatUM) of sureties, we cannot, in justice to tiie parties claimant to the office of Sheriff, one or the other of whom is un doubtedly elected,) refuse to approve of the sureties of both, and turn each over to a contest against the other, making each a eonttistant and a defendant at the same time. The Act of the 2d of July, ISW. directs the clerks ofthe return judges, in the pres ence of the board to a Id together the num ber of votes. which shall appear by the cer tificates to have beep given for any person or 'tierun- in rcspe.-t to each office or station. Tiie clerks are then, in the presence ol' the judges, to make out returns which are to lie signed by all the judges pn -cut, and attest ed by the clerks. The direction thu.- given to add together the number 1 or votes, which upon the face of the certificates-appear to have been east for each person vol. d for, and to make out re turns, look io one eturn or certificate of e leetion, ! used u|oii the computation of votes and not two or more different returns of o leetion for the rame office, for the law con templated the election of but one person, who shall have received the highest number o'' votes for the office designated, we ate, tin refine, required to regard the two papers a- one; tire;, profess to be of the same char acter. to have been executed on the same day. are signed in part by the same return judge-, and purport to he the act Oj the -nine board, and relate to the same end, namely, the election of a Sheriff for the city and county of Fhiladelpbia. If there are contradictious, we must reconcile them if wo can. and if this cannot le done, we must decide a cording to the legal intendment of the facts found bv the said judges, acting within the scope of their legitimate author ity. And here let me remark, that although (hi-certificate wa-given to Mr. loving by reason ofthe soldiers vote notwithstanding fifteen judges out of twenty-four had signed against him and lie was sworu into office, y t. in the subsequent contest of Thompson against Ewing, a large portion of these sol diers votes were found to be illegal and were rejected, tiie contest Was decided in favor of Thompsi.ni who was finally a warded tic office and served hi-time out as Sheriff U' the 'infy. Tbe Ghaimtan asked how the two papers col:Id lie put together and made intelligi ble. Mr. (VssiM; You have all the facts in oar cur. The returns show precisely what votes have be u left out of the count and for what reason. The return from Adams county, for instance, states that certain pa pers containing a certain number of votes, had be n left out. not being legally certified to. Lut to proceed, i read further from the same ease, pace ->7-1. "Vv o are, there lore required to hold that the two papers, called returns, arc in fact but one return, and as they show that Robert Ewing bad the highest number of votes, that bis prima facie ri"ht to have his securities justified is thus established, for wc are to look at the substance of ibe.e.rtrc c*rrifoTfiSidft'U)> papers shall be put together and considered as one and you form your Con clusions from them, or whether you adopt tin: \ n:\v, that they form a contradictoiv an 1 unintelligible return, tlmt the judge's having divided where they had no right to divide, their action is consequently null and void, and you must go bark therefore to the next papers, ; chind wh.eh are the returns from the several election bo.vds in the dis tlict. Nov. . for fear that my own feelings and political opinions might influence my judg ment in this matter f. have consulted an miiin nt counsel not connected with this case, a gentleman who is well known to us in Pennsylvania and throughout the country as an eminent jurist and who is also equally well known as being emphatically opposed to my client in his political views. 1 desire to trespass u ion the time of the Committee by reading his opinion. A niemcer of the Committee asked the name of the counsel referred to. Mr. (Vmia.— I have no objection to giv i>, his name, if the Committee desire it. It is lion. Jeremiah .-b Black, formerly At torney General of the United Slates. Fnfh r. —An opinion given in this IMS. ? M. f'i s tit. — \ cs sir. Mi. I'mh e object to that beiug giv en as authority. '•it. ('<-■■■mi. —T w : 'l real it as a pait of my remarks. ('I he opinion of Judge Biaek was here r: in!) It argues that the District return and the returns from Bedford and Adams counties w.-rc absolutely null and void and that the House must now do what the conn iy iwi Di -iriet ju Iges should have done, to wit : cob :-t and add up the District returns for a priurn Jnrii canf. , tb original returns made by the inspectors oi'eaeii precinct were before the Committee? Mr. T' -.HI. —From every disputed pre eiti t they are. \ou Have them in this way: lu Adams county they met and certified to the return of the home vote for the whole county, flint is here. In the same county they made two returns of the soldier's vote.-; one, -igued by a majority of the judges in which they say distinctly, that tiiey reject eight return . —two hundred and eight votes; the other includes these soldier's votes. In Bedford, you have bef re you thus return-: on.; of the entir" home vtre; unottier signed b a majority of the judge- of the county cm (dying to a portion of tn • -oidtsr's votes" I n excluding two returns of 130 votes, and in echi r including these returns. 1. agree that it i better to con idrr all those returns • m which thu juiiC'M divided as illegal, null and void, a- furwishing no evidence of a re t'.i'ii: alio it He- ( onunittee take tlint view, tliepapi i are before the.in which will ena ble tli -ni ■> i back and arrive at a -utisfac tiiryi-nii u HOI without difficulty as to who is ji-hn r-b entitled in the seat. Mi. Sviitiji'lii asked how contested elec t o- were .-ettl '1 in to.- mi ylvaiiiu Leg islature. Mr. <'rs.-t in. —By a committee clm-in !>v lie. and the report is final. flint i- a tribu- I? i \ b. law. and re House ii.es not a i,.son ■leii 11 port at a' . Ir .ire s-viair other branches of th win-ill 1 shall not have tunc t> reach. 1 shall n .: undertake to -Inov she.A'omiuitt< c how to re tell a prii.ta j •i< ie. i'haf i i.lli i. uii.e explained i-.> Jub.m Black, and it w nit'i lie it waste of time for toe to under lake o i-Splain it further. 1 .ay wifiiout fear of contradiction that there is no hood Oi -jiiva et -known to the hnv of I'. II -yl viiuta Mint the duty imposed in other St.it - upon boards of enftva.--< is, i;\ the law of Pvim t'lvania. iuijsii ed upon n >!, >dy. The only p...;,. .o th.at t-uite idotiii d with ail!hot . ity to receive or reject votes, .N the in.-pcc tors at the J mils; j g.-se: i that v. livn th votes are received;ntrd ilep -t;.-i m h- Ia) lot ' ox, they aic ctonoti t. y u ir:buw. :ix*-d i ■ • • • ' any a'-y; .. a e uitit.\ ..oar ; . VOLUME 30: VO. 1. ora district board, or any bodycl.se. to add to or subtract from the result so counter!, is in attempt to perpetrate a fraud upon the voice of the people, and is not allowed or re , cognized any where by any law of our Com monwealth. And I say that any aet by any other tribunal interfering with that count or attempting to settle that question is abso- I | lutely null and Void. I thing I can give you I a little further au'lhotityou that subject. I repeat the proportion that while for certain purposes, legislative bodies and judicial bodies in Pennsylvania may aet by nniiori j tics, miuisteiial officers cannot. I read iVom tbc reports of this same Court in Philadel : pbi t in the ease of Lawrence vs. Knight. ! i j '"I he Prothonotary of the Court is merely j the agent to send these military returns t-> the return judge.-, rfhd they are merely the j agents to cast up these returns." j "In the same case, page 300, Judge Lud j low, in giving directions to the Protbouota r.y, says: "Your office is simply ministerial. You are to open the papers received by you ! and examine them, to discover if they con | tain the company returns, and if a paper presents itself 10 your notice which yon are I satisfied is a palpable forgery, and therefore noreturn, it is not a paper of which you can take any notice; but if the paper is of doubt ful authenticity, it may be "a return,"' and you are not to judge upon the validity of any such document." [ read this because in this Bird ford county matter the Prothonotary of the county with held from the board two returns and the judges of that county by a majority vote sustained him. He gives you his reasons and I desire you to examine them. For in stance, be rejects one return of sixty quali fied voters because six of these men reside in counties out of the district, although these votes were returned to their own coun ties and not P> Bedford. There are fifty four men upon that roll, not one of whom it has been pretended was not a legally qual ified voter of that. District and yet this man setting himself up as court and jury, rejects them all because six others had voted with them and were carried over to the county ; where they lived. And these fifty-four ; men were thus disfranchised by the majori ty of that board of judges. Now let me j read u few words about tne duties of judges. The 57th Section oi the Aet of Assembly of 25thAugust lstj4. contains these words: "No mere informality in the manner of arrying out, or executing, any of the provis ! ion-of this act, shall invalidate any election held under the same, or authorize the re turns thereof, to be rejected or set aside." I in>i-t that this prevision is binding upon I'rothonotaries, upon Countv boards, upon I'istrict boards, u >on the Governor, upon the Clerk of the Louse, upon all tribunals established by law, tor the trial of contested elections, and that it is a command impera tive upon this Committee and the House. I In the Philadelphia ease, page 361, the ' Court in speaking of return judges uses the : following language: "The duties of these gentlemen are simply, under the present - certified copies" of p a^ I before them have been delivered to them by the Prothonotary of the Common Pleas, t I might at length state my reasons for this j opinion, but it may be unnecessary. So sat i.-.iedi am I that this view is correct, that I hold it to he the rule that the re!urn judges cannot, as the law now stands, inquire into the question of fraud, and for the simple reason that the law provides when and now that question shall bosettled. They are only return judges. Open the door to any exer cise of judicial functions, and these gent'e meu become the judges of a contested eltc tioii. a result so manifestly wrong that we think that the correctness of our view will be admitted." hen the certified copies of company l returns.- and these alone are presented to the board of return judges, they must simply 0- pen them and enumerate them, and having thus cast un the vote, it mutt be added to the votes already heretofore enumerated in October last, at the previous meeting of the board; the general result must thus lie ascer tained and certified according to law." Mr. Lj'.wtt asked whether in the Phila delphia ease referred to the Court went be hind the certificate of the return judges and examined the returns made to those judges. Me. Cevtua yes sir, the}* ordered the prothonotary by a judgment of the Court to bring in the seventy-nine returns which he had withheld and he did so. They said ! that whether regular or irregular those re- j turns must be counted in determining the pi'"ma fa tie case. Nowgentlemenon thisques- j tion ofjuiisdicvioii I have some more au- I thoiilies. I read f.Olll U. S. Digest, vol. j 3. p. 71 sec. 5. "It is malfeasance if an officer under col | or of his office does what the law prohibits." "A ministerial officer can only do such acts ; as lie is expressly or by necessary implica j tion authorized to do."' Yo.se vs Dean, 7 I Mass. 2M. The gentleman in his argument says, add J the vote of Somerset County and he will be •; mtent. We do not concede that if his board had obtained the vote of Somerset j csunty, had counted it, that would have made a return. Hut if he will just take the vuicol Somerset, and add the soldiers vote | <>f Bedford, Adauis, and Fulton counties to the home vote we will be content I A few words now upon some of the equi ties of this case uud 1 will close. What is I the great object of elections after ail? Is it i t. it that the will of the majority should gov j ern? Every decision that 1 have read upon I the question holds most decidedly that it is j 'be business of every tribunal before whom I t hose questions arise to find if possible where the will of the majority lies. \\ hen the ma jority of votes for any office has been depos ited in the ballot-box that gives the candi date for whom they were ca.>t a title to the office, and 1 say that -Courts Committees, and tribunals of ull kinds, if they lean at ull on ah i to lean strongly in favor of obeying the will of that majority. \ou could estab lish no more dangetous precedent than \ou would do by getting a lantern and going a rouud in search of some invisible technical quibble by which the will of the majority of the people in this Congressional district shall be >ot aside even prima fade. These peo ple have presented themselves before the proper tribunal, have voted, their votes have gone into the Imllot-lmx and I defy may- j iio.iy m Pennsylvania, here, or anywhere] else, to protend that u majority of sixty-eight , oft bes: legal voters have not east their votes ; in favor of inv client. i then appeal to this Committee not ; to go out in search of pertelts by which our opponent luav obtain a prim/t fticie title to ' the seat. This question lias Iteen decided by ] an njbtity of the Legislature of Pepnsylva- j uia it. the ease of one judge signing one re- ! torn and two another rh-it ail the voto.- tii u-t iw counted no matte: upon which pa-: JK > that inajo'ity appeared. Tt has been d led rln Courts to which 1 have made ,e;.i . that where the board of judges divided oil ithe return, that return is illegal' and a nullity, and not only that, but this j very deei-ioo 'he Vtturuej' General upon . vvnich the gen. a man oases hi- whole argu-j ttient, and upmi which be hopes biglit?R| is ' RATKH OF ADVERTISING. All advertisements for less than -3 months 10 cents per lino for eeb insertion. Special notice* one half additional. All remdution* of Associa- coniuiunientit-n* .if a limited or Individual interest and not ■ >- ~f marriages and deaths, ex - ceding five finer. 10 ctr. per |, ne . All legal noti ce-- of everv l.itol, and Ml Orphans' Court and other Judicial sitier. are rvqniredhvlaw to he pub lished in both papers. Editorial Notices 15 cents per line. All Advertising doe after first insertion. V liberal discount made to yearly advertisers. 3 months. 6 mouths. 1 year. One square $ 4.50 $ fi.fi© SIO.OO Two square* 6,00 tMlfl 16.00 Three squares 8.00 12.00 20.00 One-fourth column 14.00 20.00 33.00 Half 18.00 25.00 45.00 One column... 30.00 45.00 80.00 to get into this House, is against that con struction. for the Governor, through hi- At torney General, ha- deelaied the cei ;iii ate of Mr. Cuffroth to be insufficient, and his re turn is no return at all. Admit, if you please, that the same Attorney General, ami the same Governor.have decided that our return and certificate are also insufficient, and admit that both are detective, irregular and illegal, and what is your next step. It is to fit!! back upon the returns themselves which an in dispute. They are here before von and when you have examined theui. 1 do not doubt that you will declare my client to have received a majority of the votes of his dis trict. They show returns of 372 legal votes east, rejected by the board which gave to Mr.Coffroth his certificate, and which change the result in favor of uiy client. You will, no doubt, now understand what in my view constitutes a prima facie case. The action 01 the Clerk of the House might have made one. That has not been done. The proclamation of the Governor would have made one. That, too, has failed. The action of the district judges might have ma le one. This, we see, is repudiated 011 ail stands. The action of the several county boards might have made one. Two of these boards (Adams and Bedford) divided uud nullified their own acts. And whether you adopt the view of Philadelphia Court, and hold that both these papers must he considered together, and do as the Court did in that case, to wit: supply the omitted action of the boards, by enumer ating all the votes; or whether you adopt the view of Judge Black, and bold that both pa pers are null and void, you must come to the game conclusion. The returns from the officers, appointed by law- to hold elections and make returns, are before you, and are not in dispute. All the action subsequently had, has been irregular, unsatisfactory and of no binding force what ever. These returns give Gen. Kocntx a majority —entitling hitn to a seat, and if there has been any illegal voting, or if there are any fraudulent i-eturns, it will be for Oen. Cof froth to show such facts upon a contest here after to me made. The county and district judges, the Governor and the clerk, are only the elements through which the action of the people should reach you. They have failed to convey it. You must go back to the foun tain head and ascertain for whom the majori ty of the votes deposited in the ballot boxes were cast, and you have a prima facie case. There is no tribunal in Pennsylvania having power or righlto add ton, orsuhtract auy thing from, such action. The attempt to do so is a usurpation and a crime. Besides all of these papers sent up by return judges are not re turns, hut each when valid, are hut evidence of returns. As already remarked, the great object of elections is to secure the right of Suffrage, and to ascertain fairly the witi of the majority. Whenever this can he ascertained, it is the duty of courts aud other tribunalsjto sustain it, if possible. On this point 1 refer the Com mittee to Parson's Select Equity Cases, vol. 2. page 503: "In cases of contested elections, where there are irregularities complained of in conducting the elecuor, when not of a flagrant kind, the Court will look to its good unil integrity, Xfe® Omusu oro not to defeat the expression of the popular will, be cause jof some slip in the minor details of an election." "Every presumption ought to be in favor of iair popular elections: aud the leaning of the Court should ever be to -us tain them, where it can be done consistently with a faithful aud independent maintenance of their purity."— lia'd. In Carpenter s ease, same book, page 337, the Court sat: "If there is only an allegation that the office s have, in conducting an elec tion, omitted to perform certain directory du ties required by law, the Courtou that ground will not proceed to an investigation of such facts: for there would he no ground for de feating the popular will hy setting aside an election." So also in Kneass' case, page 554. "Where a false return has been proved, through which one, of several candidates, has been deprived of votes actually given to h ; m, these should he restored by the candidate in whose favor the false return has been made, and to whose benefit the whole circumstances of the case show it to have enured." In the same case, page 395, "No party can claim a right through a fraud committed on another, although the party claiming such right be sit uated as Mr. Kneass certainly is" entirely unconnected with the fraud, and although like him he has had neither art nor part in it. This is a principle of universal jurispru dence, and universal ethics. No man can derive a right through a wrong. That the fraud inured to the benefit of Mr. Kneass. the ballot box clearly shows. According to the principle already expressed, these votes should he restored by the candidate, in whose favor the false return has been made." We can only give the seat to (Jen. Crottrolh by sanctioning a fraud attempted by return judges and other officers, upon the people of the District. Whenever e, fraud appears it should defeat all who attempt to take an ad vantage of it or seek to shelter themselves behind it. Ou this point the Supreme Court of our Stale declare in - r > Burr -17 as follows : "But in the eye of the law, fraud spoils every thing it touches. The bri>ud seal ot the Commonwealth is crumbled into dust, as against the interest designed to be defrauded. Every transaction of life between individuals, in which it mingles, is corrupted by its con tagion. Why then, should it hud shelter in the decree of Courts? There is the last place on earth where i'. ought to find reluge. But it is not protected by record, judgment, or decree: whenever and wherever it is detected, its disguises fall from around it, and the lurk ing spirit of mischief, as if touched by the spear of Ithuriel. stands exposed to the re buke and condemnation of the law." VAI.EE OF •• APPEARANCES" ABROAD.— A gentleman who had been long attached to Cardinal Mazarin, and was much es*< owed by that great minister, hut little assisted in his finances In couit favor, one dav told Mazarin of his many pr mises and his dila tory performance. The cardinal, who had a great regard tor the man. and was unwill ing to losehis fii'nd-hi;-. took his hand, and leading him into his ht-inry, explained to him the many demands made upon a person in his station as a minister, and which it would he politic t" sot is h pievions to other requests, as they were founded on services done to the .-tut -. .ViZaritfs companion, not very confident in t) ;t . ti mister's verasity replied: •'My iortl ad the favor 1 expect atyonr band is this, that, whomever ye meet in public you wi i do me the homo- t ta]>ute en the sboultii r in the most unreserved man ner." This request was at onee acceded-to: and, in tw ■ t!.n years, the friend of the cardinal became n wealthy man-on the credit i rln uiitiistei > iittetiiion to him. Mazarin Used i ■ i',u'. 11 tog. tiiei vv>f i. his confidant, at the loiiy of the wo-'.d in granting t heir favors to per ows ou such slight security. KJ X i|SFORI)'B CEt.KBU.VTEI) COItN STVttCH, FAHNKSToCK'S FARINA ami nOlft'.VY, 5 wciefrvd ami for sale at the bargain