Arkansas Contested Election, Johnson Vs. Garland: Exposition and Argument by the Counsel of Mr. Johnson (Classic Reprint) - Softcover

Inhaltsangabe

Excerpt from Arkansas Contested Election, Johnson Vs. Garland: Exposition and Argument by the Counsel of Mr. Johnson

This is a case of contest about a seat or a membership in this House, arising upon the returns of the officers of the State Government.

The Constitution of the Confederate States declares that each House of Congress shall be the judge of the election returns and qualifications of its own members. The terms elections and returns do not here mean the same thing, and the present is a case on the returns of a member, and not properly of the election in contradistinction to the returns thereof.

The Constitution of the Confederacy declares that the time, place and manner of holding elections for Sena tors and Representatives shall be prescribed in each State by the Legislature thereof, subject to the provisions of this Constitution; but the Congress may at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators. Nothing is here said about returns.

The Constitution of the united-states contained the same' provision, except the clause subject to the provisions of this Constitution, and the Congress of the United States in the year enacted that each State should be divided by the Legislature thereof intothe number of districts it was en titled to members in the House of Representatives, and that one member of Congress should be elected from each dis triet.

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