Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twenty-Third Congress Page: 4,353
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4353
01 DLBATES IN CONGRESS.
4354
Mat 31, 1834.]
Kentucky Election.
[H. oi? R.
• That they should propose to take West from me, with-
out a particle of proof that he gave the vote standing on
the pall-book in his name, is the more surprising, when
the committee had unanimously adopted the following
resolution, understood to have been offered by the au-
thor of the minority report:
"Resolved, That when a name is found on the poll-
boolcs, prool that an individual of that name resides in
the county who is a minor, is not sufficient to strike the
name off the poll-book, and that some proof, direct or
circumstantial, other than finding the name on the poll-
book, will be required of the vote having1 been given by
such minor, in the county or precinct where the vote is
assailed?"
Yet, without any such proof, the minority now propose,
in direct violation of the principle which they concurred
in adopting, to take from me the vote of Richmond West,
while they do not propose to molest various votes given
to .my competitor, although there is circumstantial evi-
dence of the nature required.
Rut I should be glad to take the construction of this
rule by the minority, as illustrated in the case of liich-
mond West. It would take from my competitor not
only the five votes already referred to, but many others.
I beg the House to consider whether there is the best
or any legal evidence of the minority of Levi Kid, and
Whether that vote ought not to be restored to me. And
upon principles as sound both by the majority and mi-
nority,'I claim that the voles of George Elliot, jr., Moses
Bryant, John Shipman, Garret Yoris, and Shelton Harris,
be taken from Mr. Letcher.
• A. li&venaugh, who voted for Mr. Letcher, is proved,
page 294, to have chosen John Boyle as his guardian
since the election. Gould any proof of his minority, at
the time of election, be more conclusive? Is it not more
direct and satisfactory than that in the case of Levi Kid?
Yet his vote was pronounced good by the majority, and
the minority see no error in it.
Equally inconsistent, and more extravagant, are the
minority in relation to various votes in Mercer county.
Let us take a few cases, by way of illustration.
The vote of Hayden Dean was struck off from Mr.
Letcher, as a minor. His father refused to give testimony
■in the case, and the following evidence was that on which
the committee acted.
Basil Prather, the sheriff of the county, testifies that
his name is not on the tax lists of the county for 1833.
James Cunningham states that he heard the father of
Hayden Dean say that Hayden was not old enough to vote
at the last August election.
James W. Uuckei' states that Joseph Dean, father of
voter, told witness and James Cunningham and Hichard
•Holeman that his son Hayden was not old enough to
vote at the August election, but that he was now old
enough; that he was born in October, 1812, and that he
had a record of his age.
Thomas Tomlinson states that Joseph Dean, the father
of Hayden, told him that his son voted for Mr. Letcher
at the last August election, and that he was born in Oc-
tober 1812; said Hayden told witness that lie had voted
for Mr. Letcher at Salvisa. Edmund Sutterlield told
witness he knew Hayden Dean was not twenty-one years
of age at the election; he knew it by his daughter Ms-
linda's age.
Witli this evidence before them, the minority say it
was wrong to take this vote from Mr. Letcher.
Now, let us see on what evidence they would take the
votes of alleged minors from me.
Abner Duncan voted for me, and his vote is assailed on
account of his alleged minority. The following extracts
from the deposition of Henry N. Vandyke, is all the evi-
dence upon which this claim of the minority is predi-
cated, viz.
Vor„ X—27o
"By Mr. Letcher. Do you know whether a young
man by the name of Abner Duncan, of this county, who
it is said voted for Mr. T. P. Moore at the late election,
was, at the time of said election, over or under twenty-
one years of age. ~
"Answer. I have understood that said Duncan was
under twenty-one years of age at said election.
" Question by H. N. Vandyke. You have spoken of
Abner Duncan as not having been twenty-one years of
age at the late congressional election. Have you a per-
sonal knowledge of that fact?
" Answer. I have no personal knowledge of that fact;
1 understood lie was bound to Samuel Kelkr until he was
twenty-one years of age; and was to have a horse, saddle,
and bridle, and suit of clothes; and 1 understood he was
not to be free until next spring.
"Question by same. How far do you live from the
father of said Duncan?
"Answer. About three or four miles.
" Question by same. Have you ever inquired of him
(the father) as to the age of his said son?
"Answer. I have not.
" Question by same. Are you not pretty well ac-
quainted with the father of said Duncan, and have you,
or have you not, had opportunities since the late con-
gressional election, of making an inquiry of the lather as
to his son's age?
" Answer. 1 am well acquainted with him, and have had
opportunities of inquiring of him, if I had felt so disposed,
but did not feel interested.
" Question by same. From whom did you receive
information that Abner Duncan was bound to Samuel
Kellar?
"Answer. I cannot say certainly from whom I re-
ceived the information, but believe it was from James
Smith."
Here is not a particle of proof, except vague rumor,
when the father of the voter was.at hand and might have
been called on to testify. Yet the minority would take
from me a vote upon mere rumor, and without calling on
the father, when they say it was wrong to take one from
my competitor, where the minority of the voter was
proved by the declaration of his father, who expressly
refused to testify.
Take another case: Samuel Grimes voted for me, and
the minority insist that his vote should be struck oft' as
bad, because he was not of age. The following is all the
evidence which is adduced to prove it, extracted from
the deposition of Ilenry P. Ilorine, page 187, viz:
" Question by Letcher. Do you or not know of any
persons who voted for Thomas P. Moore at the late Au-
gust congressional election in the fifth congressional
district in Kentucky, that were, at the time of giving their
votes, under the age of twenty-one years? If so, stale
who they are, where they voted, and how you know they
were under the age of twenty-one years?
"Answer. George Smith has told me he voted for
Moore at Harrodsburg, and that he was not, at the elec-
tion, twenty-one years old. Samuel Grimes has told me,
[ believe, that lie was not twenty-one years old at the
election; I am not positive that he told me so. Joseph
Grimes, also, whose name I have seen on the poll-book,
is still younger than his brother; he has been raised and
was born in my neighborhood. I am now between thirty-
six and thirty-seven years old, and I have no doubt he is
under twenty-one. I have seen on the poll-books the
names of both the Grimeses: agreeably to the family re-
cord of our family's age, now at my mother's, and trans-
cribed from the "one made by my father, my younger
brother is not of age. My brother's name is H. N. Ho-
rine, and he voted at Harrodsburg, as he told me, and
for T. P. Moore; my brother is commonly callcd Nelson.
Smith and both of the Grimeses I have known all my life;
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twenty-Third Congress, book, 1834; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30759/m1/91/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.