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Session 10466: 1871-03-04 12:00:00

The first day of Senate business for the First Session of the Forty-Second Congress

The Civil Rights Act of 1875

The Senate

Session 10466: 1871-03-04 12:00:00

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Memorial Contesting the Election of George Goldthwaite

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Montgomery. Alabama, January 26, 1871.

To the Senate of the United States:

The subscribers, members of the senate and house of representatives of the State of Alabama, respectfully represent:

That they protest against the admission of Hon. George Goldthwaite to the Senate of the United States as a Senator from Alabama, on the grounds that he was not elected by a majority of the legal votes of the joint meeting of the Legislature. He was declared elected by the following vote: for George Goldthwaite. 65 votes; for Willard Warner, 50; for William J. Haralson, 14 votes. It will be seen that 65 votes constitute a majority of the votes cast, and that number of legal votes are necessary to an election.

We represent that Hon. George Goldthwaite did not receive that number of legal votes, as B. M. Henry claiming to be a representative from Russel county, in said State, who voted for Hon. George Goldthwaite was not elected by the people of said county, did not have a certificate of his election as is required by our laws, but was defeated at the polls by several hundred, and was not legally entitled to vote for a United States Senator in said joint meeting of the Legislature, which, if said illegal votes had been rejected would have been sufficient to prevent the announcement of the election of Hon. George Gold-thwaite to a seat in your honorable body.

Saul Bradford, of Talladega county, who had been rejected by the people at the ballot-box, was permitted to vote for said Hon. George Goldthwaite, when in our opinion his vote should have been rejected, as he had never been legally elected a member of the Legislature.

In the counties of Green, Sumter, Leo, and other counties, the representatives of which ail voted for Hon. George Goldthwaite, we have every reason to believe that the elections of said representatives were procured by intimidating the voters, and in several instances fraud added thereto, and that the gentlemen claiming to be representatives of these counties were not legally elected by the people of said; counties, are not their legal representatives, and were not entitled to vote for United States Senator at the joint meeting of the General Assembly.

We are informed that some of the members of the Legislature who voted for Hon. George Goldthwaite are laboring under political disabilities imposed by the fourteenth amendment of the Constitution of the United States, and it is an inquiry worthy the consideration of the Semite of the United States whether Hon, George Goldthwaite is not laboring under the same disabilities for his actions during the recent rebellion of the southern States.

Believing, therefore, that Hon. George Goldthwaite is not legally elected Senator from Alabama, we respectfully pray that the Senate of the United States may so decide, and declare his seat vacant.

R. W. BARR,

Senator twenty-ninth district.

WILLIAM M. BUCKLEY,

Senator twentieth district.

GEORGE G. HARMOUNT.

Representative Montgomery county.

JACOB BLACK,

Representative Barbour county.

D. E. COON,

Senator twenty-first district.

D. SIBLEY, Senator ninth district. FREDERICK G. BROMBERG.

Senator twenty-eighth district.

WILLIAM MILLER, jr.,

Senator thirty-first district.

J. A. YORDY,

Senator twenty-fifth district. B. F. ROYAL.

Senator sixteenth district. G. T. McAFEE, Senator tenth district. J. DeF. RICHARDS.

Senator thirtieth district.

J. A. FARDEN,

Senator eighteenth district. II. H. WISE, Senator eleventh district. J. P. STOW. Senator nineteenth district. B. JOHNSTON. Senator fourth district. EDWARD GEE.

Representative Dallas county. SHELBY KING.

Senator thirty-third district.

JERRY HARALSON,

Representative Dallas county. T. J. CLARK.

Representative Barbour county. THOMAS DIGGS.

Representative Barbour county.

JAMES S. PERRIN,

Representative Wilcox county. WILLIAM B. MARTIN, of Girard, Fifteenth senatorial district. W. D. GASKIN,

Representative Lowndes county.

R. L. JOHNSON,

Representative Dallas county.

W. HENDERSON,

Representative Wilcox county. T. C. STEWARD.

Senator twenty-second district. BENJAMIN LEUTZ, First district. W. W. GLASS,

Senator twenty-fourth district. WILLIAM ALLEY, Representative Macon county. HENRY ST. CLAIR, Representative Macon county. JAMES K. GREEN, PAUL STROBACH,

Representative Lowndes county.

THOMAS D. McCASKEY,

Representative Wilcox county.

L. C. CARLIN,

Representative Marengo county. LEVI WELLS.

Representative Marengo county.

L. S. SPEED,

Representative Barbour county.

W. B. JONES,

Senator twenty-sixth district.

Decisions yet to be taken

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