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From the returns of election from Manitou county produced and accepted as evidence before the committee, I find that H. D. McCulloch was the only opposing candidate to Mr. McKinley and received a minority of the votes; but esteeming Mr. McKinley, in overy sense, a non-resident, he was by the Constitution disfranchised from the votes cast for him, and I beg leave to report that Hezekiah D. McCulloch is entitled to the seat in this House.

JOHN S. HURD,
As one of the Committee.

To the Honorable the House of Representatives of the State of

Michigan. The undersigned, a resident and elector of the county of Manitou, respectfully represents, that as such he was a candidate in the last general election held in this State, for the office of Representative for said county in the present Legislature.

That Peter McKinley, who, as your petitioner presumes, has a certificate of election was not and is not a resident of said county; that he was then and still is a resident and elector of Mackinac county; was present as one of the town board, and participated in the election of Mr. Wendell as representative in the town of Mackinac, Mackinac county.

And further, your petitioner represents that about ten or eleven days previous to the general election in Manitou county, the said McKinley came to Manitou, in the township of Peaine, with one child, leaving his family residing in the house which they had previously occupied, and now hold as their residence in Mackinac; and that he claims upon

this ground that he was an elector of Manitou, and eligible as such to the House of Representatives for that county. Your petitioner further states, that subsequently to the emigration of the Mormons, last spring, from Beaver Island, a regular and legal organization of the township of Peaine was effected; whilst that of Galilee was entirely neglected, and a pretended but illegal election of town officers for that township was had only two days prior to the last general election, and without previous notice; and that at said general election all persons, whether qualified electors or otherwise, were permitted to cast their ballots.

No election was held in the townships of Patmos or Manitou.

Your petitioner, therefore, humbly represents that the election of said Peter McKinley was illegal; that he being an actual resident of Mackinac at the time of his pretended election as Representative, and having participated in the election for a Representative for the present session for that county, was not an elector of Manitou county, and hence ineligible as a representative for said county, and not entitled to a seat in your Honorable body.

And further, your petitioner claims to have received a majority of the legal votes cast in said county of Manitou, and to be entitled to a seat in your Honorable body, and he therefore prays that he may be received as the legal Representative for said county in the present Legislature.

H. D. McCULLOCH. LANSING, Jan. 7, 1857.

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88.

STATE OF MICHIGAN,

Ingham County,

Hezekiah D. McCulloch being duly sworn, says that the statement of facts contained in the foregoing petition by him subscribed are true. Sworn and subscribed before me, this 7th day of January, A. D. 1857. ORANGE BUTLER

Justice of the Peace,

Evidence of witnesses in the contested election of Peter McKinley

of Manitou County. F. Johnson, being duly sworn, says: That he resides at St. James, commonly called Peaine or Beaver Island, in Manitou county; has known Mr. McKinley over six years; became acquainted with him first at Beaver Island; McKinley left there in 1851 or '52; has a family; has two or three daughters, and think one son; I think his wife is dead two or three years; I have been at Mackinac, in McKinley's house, last November; he kept house there; I saw his children there; Mackinac is a part of Mackinac county; is about 50 miles from Beaver Island; I saw McKinley election times on Beaver Island; perhaps two or three weeks previous to the election day; he had his little girl with him; he boarded with a Mr. Gall; I was one of the Inspectors of Election of that town; was also election clerk; McKinley told me he had voted at Mackinac; he voted at Beaver Island only for State election; I know Dr. McCulloch; he was a candidate for Representative; he has been a resident of Beaver Island for six years; he was an elector there; he has a family who resided there ; Mr. McCulloch's family is now in Baltimore, Maryland; the last time I saw Mr. McKinley on Beaver Island was about the 6th or 7th of November; Mr. McCulloch rented his dwelling house to a Mr. Burke for one year; he also rented to Mr. Burke his store and dock; he left about $1000 worth of goods in his dwelling house; I am no connection to Mr. McCulloch; have been his partner; I was on Beaver Island when Mr. McKinley left; he had some difficulties with the inhabitants there; most of the Gentiles left Beaver Island in 1851 and 52; don't know what McKinley was doing before he left the Island; he had property there; he was among the last to leave the Island; he left in the spring of 1852; from 1852 to June '56 the residents on the island were Mormons; I saw McKinley at Beaver Island two or three weeks after the Mormons had left; I saw him there quite a number of times since election; his property was destroyed; he got

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