This shall certify that at a general election in the county of Houghton and state of Michigan, on Tuesday, the sixth day of November, A. D. 1849, pursuant to the requisition of the statutes of this state, whereof the undersignded were inspectors.

For representative to the state legislature there were one hundred and thirty-four votes; Elijah J. Roberts received one hundred and fifteen votes, (115,) and Samuel Ashman received nineteen votes, (19.)

We, the undersigned, inspectors at the county canvass of the general election, do hereby certify that the above is a true statement of the votes polled for the above named persons.

L. P. MORRISON, Chairman,
JOSEPH THACHER, Secretary.

Eagle River, November 13th, A. D. 1849.

We hereby appoint Capt. Calvin Ripley to attend the district canvass for repesentatives, for the county of Chippewa, and the counties thereto attached for representative purposes.

LOUIS P. MORRISON, Chairman,
JOSEPH THACHER, Secretary,

ABNER SHERMAN.

Eagle River, 13th November, 1849.

State of Michigan, SS.

Chippewa county,

This shall certify that I was present at Houghton, in the county of Houghton, in this state, at the canvass of the several townships liable to make their returns to the clerk of that county, as provided for by the revised statutes of 1846, and by the session laws subsequently, and that the returns annexed, with my appointment, thereto attached, to attend the district canvass to be held at the county clerk's office of this county, was duly received by me, and that I left Eagle Harbor, a township within the county of Houghton, by the first vessel bound for the Sault Ste Marie, arriving there on Saturday, the 24th day of November, instant.

CALVIN RIPLEY.

Subscribed and sworn before me this 26th day of November, 1849,

HENRY M. DODGE, Justice of the Peace.

This shall certify that the facts set forth in the preceding affidavit of Captain Calvin Ripley, so far as relates to the time of his arrival from Houghton county, are true, according to the best of my knowledge and belief.

L. S.]

Witness my hand and seal of office, this 26th day of
November, A. D. 1849.

MoU

HENRY M. DODGE, County Clerk.

OFFICE

Lansing, January 15, 1850.

State of Michigan, ss.

This shall certify that Louis P. Morrison was the county clerk of Houghton county, on the thirteenth day of November, A. D. 1849, as appears upon the records of this office.

[L. S.]

In testimony whereof I have hereunto set my hand
and affixed the great seal of the state of Michigan,
at Lansing, this fifteenth day of January, A. D.
1850.
R. R. GIBSON,

State of Michigan,
County of Chippewa. J

SS.

Dept. Sec'y of State.

I, Henry M. Dodge, hereby certify that up to this 29th day of November, 1849, no returns of any election from the counties of Houghton, Marquette or Ontonagon for the year 1849 have been made or returned, recorded or canvassed at this office, nor has there been any official information respecting said election whatever, notwithstanding there has been several arrivals here since the day of the county canvass.

HENRY M. DODGE,

County Clerk of the county of Chippewa.

DOCUMENT OFFERED BY MR. S. ASHMAN.

The question directly before this House to be acted upon on this motion is, shall the certificate of election held by Samuel Ashman, élaiming a seat from the county of Chippewa in this Legislature, be disregarded, and other facts and circumstances that appear to have transpired in that district be taken into consideration, and thereby either vacating the said seat, or awarding it to Elijah J. Roberts, the other claimant?

The constitution of the state of Michigan has declared in article first that all political power is inherent in the people. And in article second it has provided and declared that in all elections hereafter to be held, a certain and undeviating mode of procedure shall be had, and that uniform qualifications are requisite to enable the inhabitants. of this state to avail themselves of this privilege of self government. Article fourth provides for and makes it obligatory on the Legislature to enact laws that shall carry out and extend these privileges to all the inhabitants of this state, and particularly and in express terms, defines and points out the time and manner that officers of this state shall be elected. The day, and in most cases the very hour is indicated in which certain duties by certain officers shall be performed. In section four the qualifications of certain persons holding office, are defined and expressed.

In pursuance of the above express provisions of the constitution, the Legislature has from time to time enacted and made public all the necessary laws to enable the people of the state to periodically avail themselves legally of the said privileges thus guaranteed to them by that venerable instrument.

Among others, the legislature has enacted that an election shall be held in the several townships of this state on the first Tuesday in November of each year; at which elections, among other officers, representatives in our state legislature shall be voted for and chosen.

In chapter 5, the legislature has enacted and made known the manner of conducting the said election, and in so explicit and comprehensive a way that it cannot only be readily understood, but in such a manner that it cannot possibly be misunderstood-making full provision for the time, place, and the very hours of the day on