Excerpt from American State Papers, Vol. 2: Documents, Legislative and Executive, of the Congress of the United States, From the First Session of the Eleventh to the Second Session of the Seventeenth Congress, Inclusive; Commencing May 22, 1809, and Ending March 3, 1823

These assertions of the petitioners are proposed to be supported by testimony taken after due notice given to the sitting members, which have been admitted by the committee as correctly taken, but not acted on with re spect to the merits of the case.

It appears that, by the law of Massachusetts, the Executive of that State decides on the election of members of Congress, and certifies the return, and that in this instance the selectmen, who appear by the laws and customs of that State, to be official election officers in their respective towns or districts, has set down the votes received for Charles Turner, Jun. Esq., and for Charles Turner, Esq., separate from each other, and that the Executive, in de ciding on the election, had considered the votes as given for different candidates, and on this supposition none of the candidates had a majority of the whole number of votes given, and, therefore, directed that another election should be held in Plymouth district on the 19th of January, 1809, at which the sitting member had the majority of votes, and, in consequence of which, he was returned to Congress by a certificate signed by the Governor.

Before the committee examined maturely the documents, or deliberated on the merits of the case, the sitting member requested a postponement of the decision till the next session of Congress, in support of which he alleged, that it is necessary to a full and fair investigation of the case, and to acquaint himself with the facts, and to be able to produce all the evidence material to a correct decision of the question; that he was notified that his election would be contested but a short time previous to the meeting of Congress, and that he considered depositions taken Without the direction of the House, or their committee, as taken without the authority of law; that these circum stances prevented him from preparing himself in such a manner as to be able at this time to do justice to the cause or to those who had honored him with their suffrages.

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