The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-02

between these conflicting claims Can you transfer to
the governor OF the State OF Florida the right and throw
upon him the responsibility decide question all the
facts OF which are before YOU and which the conshtu
ton makes It your duty TO decide PriS,a laes evidence
may be allowed 10 guide in the absence OF any Others
but here is the evidence here the facts before you
upon which the contestant claims seat IN this body
and upon which the other relies for the validity OF his
cehcale from the governor IL is no LONGER 10 be con-
sdered pria ace evidence when this peDary evidence
has been submitted, from which il appears that there
were iwenty-nne blank votes.
The question which that record presents is, whether
these blanks are voteswheher the party receiving the
wenty-nne votes and who was the sole nominee, is to
be considered as elected, Or
Mr. FOOTE, OF Mississippi With very great respect,
Mr. President, rise to point OF order II does TO
me that the honorable senator from Georgia Mr. BER
REM is discussing the merits OF the before us
when The only question is the usage OF the Senate alb
stracty considered with reference the merits of the
itself would respectfully submit that this course,
pursued may lead to heightened controversy and
The PRESIDENT The question before the Senate is
concerning the appointment OF committee oil hive TO ex-
| Mr.. BERRIEN Unquestionably; but that is met by
the evidence that has been presented in reference 10 the
claim Of of these gentlemen to seat here. 1 have
| endeavored TO show my own view Of the proposition
that il is not to be considered prma faee evidence
And submit to you that was perfectly in order and
arguing the question with the stricness with which
would be required to discuss II before judicial tribu
Mr.. .FooTE, Of Mississippi l will withdraw my
Mr. BERRiEN If, in the opinion of the Chair
have departed from the strict course OF parliamentary
The PRESIDENT, The senator from Georgia mr.
MIR. BERRlEN: say that the only question which
be legiimately presented to the consideration of the
Senate the validity OF the first election; because,
if that be valid. all the subsequent acts connected
with this subject, whether legislative or executive,
must but be invalid And therefore to allow the certf
cafe OF the governor, founded upon these facts,
which is evidence before us, such effect to destroy
the validity OF that action oa certain extent before the
1 hno rnl thn, h.
Judgment manifest error. did not rise 10 go into a
heightened discussion of this matter, and should proba
bly, not have said SO much as | have chad not been
called 10 order.
| will maintain that according TO my view OF the sub
iect the primq faeie evidence afforded by the certificate
coToboraied by the governor is 80 far controlled by
the legislative record as to make improper for the SEN
nate so lar to act upon this subject to advance the in
teress OF the the other of the parties before the
committee act upon the matter II the validity of the
first election be confirmed. then the Senate will be
ieved from .he consideration of the other question
Mr. FOOIE, OF Mississippi. have stated before what
my own recollection is OF very recent precedent of this
body, and find that my recollection is confirmed by that
OF every member OF this body with whom have con-
yersed in regard 10 that precedent That in regard
the senator from Illinois, mr. SHIELDS when his right
to the seat was gravey disputed and decided positively
and that his having accepted the with the
consent OF the Senate placed him in such position
not TO allow him, during deliberations upon the sub
lect TO resgE IT, have not had time to look into book
which has just been handed containing statement
of the facts of that case but believe that the Senate did
decide that the certificate OF election upon its mple pre-
senatlon, did give sufficient prima facie evidence allow
the senator to be sworn in and TO hold his seat until the
contest which might arise should result in oustng him
from It, II such was the decision in that CASE deibe
ratey given by this body, does to that is not
strictly in ORDER for me at least 10 go beyond the only
legitimate evidence appeftaning 10 oil that knd-to
wit, the evidence Of the certificate OF the executive
therefore make my remarks TO that point.
The reason that rose before and called the senator
from Georgia Mr.. BERRIENl TO order-and, trust in
very respectful manner-was that thought his course
OF remark would lead to very extended discussion and
embarrass our action My opinion is, that the most ex.
peden course for us 10 pursue would be for the
from Indiana MIR. BRIGHTl to withdraw his motion for
committee and then let the senator from Kentucky Mr.
CLAY offer his motion, and afterwards have the subject
60 before a committee But il my friend will not consent
TO that, his refusal might compel me TO move modfca-
uon OF his motion, II II is in the form OF resolution.
should move 10 amend it by striking oil after the
word resolved" and substituting, in lieu OF IT, Iesou
his seat al And shall accordingly make that mo.
ton, unless my friend from Indiana tMr RRIoHr that
spirit of compromise which know acluaes him. should
Tit to withdraw his motion think that would settle
I Mr.. MASON. My attention has been called to this
question TO some extent think that the last session
the gentleman who was then the senator from Florida
Mr.. fULEE,l and whose term expired on the 4th OF
March last, presented 10 the Senate extract from the
journals OF the Legislature OF Florida with yew be
stated at the time, according to my recollection, TO call
the attention OF the Senate TO the fact OF an election
which had been made by that legislature and which he
suggested bad resulted in his favor The only action of
the Senate upon il at present. presume will be such as
10 enable this body, holding the scales perfectly even be-
tween these gentlemen to make the inquiry which
| saIlly devolves upon us IN such a manner as
10 discharge the duty faithfully which the Senate owes
10 the country and 10 the State OF Florida II does seem
TO me, from the consideration that have been able TO
bestow upon this subject, that where gentleman pre-.
sens himself 10 the Senate with rern in lis technical
and legal sense, showing that he has been elected TO this
body is necessarily TO be received prima face evil
dence OF his election, and, according the usage OF the
Senate, and believe OF all deliberatve bodies he takes
his seat, and awaits any controversy that may subse-
quenty arise respecting his right TO that seat But
the gentleman presents himself without return in It's
technical and legal and any serious doubt is
tanned and is presented TO the validity OF his election
he then appears apprehend without having this primd
face evidence in his favor.
Now, II understand the meaning OF the term prind
face evidence 1t means necessarily that ia competent
evidence; 1t must be evidence Just competent that
which will prove the fact egmaeiy and the only effect
OF such evidence is to shift the burden OF proof upon
the party who contests the fact thus proven The con.
suton Of the United States, according my examina
ton, has three provisions upon this subject The first
lodges the right to elect the senator in the legislatures OF
the Staics and does nothing more As these provisions
are very short, although the Senae very familiar
with them, will ask leave TO refer TO them By section
g. article l. OF the constitution OF the United States il is
provided that 1.-The Senate OF the United States shall be
composed OF two senator's from each State chosen by the
Legislature thereof for six years and each senator shall
have one vote" The right OF choosing is therefore
lodged the legislature of the State The next provision
IL in section T. article l. and provides that The times
places and Of holding elections for and
representatives shall be prescribed in each State by the
legislature thereo but the Congress may any me by
law, make alter such regulations, except 10 the
places OF choosing senator's" And the third provision is
in section 5, same article, which provides that Each