Mr. UPSON. The law provides there shall be a poll at each company. Now, I have stated the general law to which the gentleman has alluded and which since 1839 has existed in the State of Pennsylvania. I have referred to the decision of Judge Lud low, which is to be found on page 360 of the Philadelphia Reports.” 1 will rea from Judge Ludlows advice to the prothonotary and return judges. He says: “Your ofice is simply ministerial. You are to open the papers reoeivod byyou and examinethem. to discover if they contam the company returns and it a pnperpresentsitself to your notice which you nresntisfied is a palpable forge and thereforeno return. it is not a paper of which you can take any notioe; but ifthe aperis of doubtful authenticity it may be a return, and you are not to judge upon the validity of any such document.” But still further in relation to this election law. I was speaking about the necessity, as those elections took place outside of the State, of having these pronsions in the law, and the reason why they were incoriorated, namely, for the greater securit of the soldier whose vote might otherwise o tam ered with and forged returns made, as was tie case in NewYork where the votes returned were differed from the votes put in the ballotbox. I hold that the returns should have been made up and certified as the law required. But how were they made up? The law says: "Separate pollbooks shall be kept and separate returns made. for the voters of eneli city or count. lho pollbooks shall name the company and regiment and the place. post or hospitn in which such election is held. The county andtownshi. city, bor ouch. ward. precinct or electiondistrict of cach voter shall beindorsedoppositehisnameon the pollbooks. Each clerk shall keep one of said pollbooks. so that there may be a doub o list of voters.” "At the closeof the polls thenumberof voters shall be counted and set down at the foot oftholist of vot ers and certified and signed by the judges and It testedby the clerks.” "As a check in counting. each clerk shall keep a tallylist for each county from which votes shall have beenreceived. which tallylist shall constitute a part of the pollbook.” See how carefully they sought to protect the rights of soldiers so as not to allow him to be imposed upon by fraudulent returns. hen again:, “After the examinationof the tickets shallbe completed. the number of votesfor each person in the county ellbooks as aforesaid shall be enumerated under this inspection of the judges and set down as he“reinafterprovided in the armof the pollbook. The following shall be substantially the form of the pollbooksto be kc t by the judges and clerks of election. filling in the by anks carefully.” The form of the pollbook is then given. “A return in writing shall be made in each poll nt length. the whole number of ballots castfor eachollicer. (except ballots reieeted.)the name of each personvoted for and the number of votesgiven to each person. for eachdifferent office; which return shall be certified as correct, signed by the judges and attested by the clerks; such return shall besu stantially as follows.” The form of return is then given. Now, I wish to callthe attention of my friendfrom Wisconsin [Mr. PAINE] to the tabular lists which he has made here of votes given, to show him that not only is his constructionof thalaw 1866. 893 as to the return incorrect. but the result is different from the conclusion he draws from the rule he has laid down himself. In regard to Mower hospital, Cuyler hospital, and McClellan hospitai: none of them contain any return of votes. There is nothing but the pollbook and the tallylist; and if the gentleman says that those are no part of the returns, then there is nothing whatever to identify as returns. There is no return made out of any votes cast. There is not a single certified return outside of the pollbooks and talllists in Mower, Cuyler, and McClellan hospital. Nor is there any such return as to the election at Barracks No. l, and if these are deducted from the tabular statements in the minority report, for want of those returns it overcomes the majority there claimed for Koontz and gives it to Mr. Coffroth on the very rule laid down by the minority in their report. n addition to that, at Barracks No. 1, it is certified to the pollbook in 2 places that there were only 48 persons voting, while the tall "list returned certifies to 78 votes cast for momber of Congress, thus making the votes cast nearly double the number of voters in the pollbook for that count.