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

MIR CLAY Feeble as | am, | cannot refrain from
making two or three additional observations There rs
no doubt sir of the duty and the right OF this body TO de-
ermne upon all questions Of election OF It's members
That is perfectly evident The question is TO The mode
OF doing it, And that question, a. 10 the mode oil doing
it, is question which has been settled by every delibera
tive body, believe, upon earth III there Is contest
two claiming The same seahe party having the returns
takes the seat and the other party presents his petition
claiming the seat This petition is referred TO commit.
ee reported upon by the committee, and acted upon by
the body Now, sir one very great error as conceive
the argument OF the senator who last addressed you
the gentleman from New York, [Mr SEwARDl-is, that
he treated the journal certificate OF election and con-
sidered as credenlial II is such thing When you
look into the Journal you find that 30 votes given
for one person. and 80 blanks cast; and hereupon,
the presiding officer considering that there was no cleo
on, the legislature proceeded 10 elect when the gentle
man who now claims TO take the oath was elected 10
acknowledge that former proceeding, therefore, aa cleo
lion, and to call the evidence thereof Credenta is,
think, great abuse OF terms. The only evidence we
have before us OF any election is the certificate OF the
governor.
And here let say, sir in great Difference to my friend
who sits behind me. Mr. BERRIEN,l that think the
great his argument assuming two classes
Of evidence both OF which he considers 10 be before the
Senatelhe one being pra tacie and the other penay
eyidence-and IN assuming thai the plenary evidence
oyerruled the priml face evidence that the prind
dcie evidence therefore to be deprived OF its effect
deny, in the first place, that the penary evidence is be-
fore US legally and formally, according 70 the usage
which constitutes the law OF delibeIave bodies.
To push this argument little further, IN the case 40
often menlonedtha of the senator from Illinois there
plenaTy evidence according tue OF Inc
senator from Georgia. Mr. BERRIES,l Of his being an
alien al the time OF his election, before the Senate but
there also the prima acis evidence OF his having
been elected by the legislature OF his State. And what
did the Senate do with this evidence, penary and prin,a
acie, before them Why sir they would not look at the
pcnary evidence as has been called but they were gov
erned solely by the pa evidence, and admitted him
TO his seat They not governed by the penary evil
dence because the time Tor its having effect had not ar
rived. That time after the senator had received the
OATH taken his seat, and when the question OF the valid
election before
on Elections, or in some other way. .m
We might push this little further. In the case OF
member OF the House of Representatives. presents his
credenliasthe return OF his election presents record
of events penary according to the argument OF the sena
tor from Georgia, showing that had not been legally
elected but that A, when deprived of certain illegal votes
given him, would be found 10 have obtained only mi
norty while b. his contestant, had really the right TO the
return, and therefore right TO the seat Here was the
prima dts evidence, and here the penary evidence
Did you hear OF instance OF that kind in which
the legislative body, upon the presentation OF the returns,
would 20 into the consideration OF the penary evidence.
and decide in the whole who entitled 10 the seat
Did you hear except in The memorable instance re-
erred TO, Perhaps but upon which will not dwell as 1t
might be unpleasant an exception to the rule! The IN
variable practice except perhaps in that INSTANCE, has
been 10 administer the oath to the man having IN his
pocket the return leaving him who the seat to
come forward and by his petition or in some other mode
claim the seat and to show that he is the party really
entitled to hold IT,
And here say, sir that if go TO the journal OF the
legislature Of Florda-which, think, is entirely out OF
order and informant proves that there was no election
in the present instance, they understood IT, and that
therefore the legislature proceeded to make an election
The only question which arise al any Stage OF this
proceeding, after the matter is referred TO commit
tee is whether you will override the decision OF The egs.
ature, and declare that, contrary to their decision, the
election good and that therefore Mr.. IuLEE was
elected, and that therefore, in consequence OF this
election. their act was invalid in proceeding again to
elect.
TO indicate any opinion upon the question between these
parties My object 10 expedite the business OF this
body however, by The indications around me. tina,
the motion made would perhaps be calculated rather 10
mbarrass senators and proong the debate. Believing
that the contestant will not be at all preudced by per-
hitting the person who has presented the certificate to be
sworn in, aud rather at the instance OF the contestant
himself, withdraw the motion which submitted.
Mr.. CLAY moved that the gentleman from Florida
lar MALLORY be now sworn IN. IN accordance with the
general custom.
The question being put, it decided in the afirma-
tive without objection; wheeupon,
Hon. SrEPHEs X MALLORY appeared, the oath OF Of
lice prescribed by the constitution administered 10
him, and he took his seat in the Senate
MIR BRIGHT moved that the letter presented by the
contestant at The last session, together with the record
now presented and any other papers upon the sub
ect which may have been laid before the Senate be
ierred TO select committee 10 consis, OF hive members
The PRESIDENT called upon the Senate TO prepare
their ballots expressing his decided preference for that
mode Of selecting committee.
Mr. GWIN moved tina, the ballotng be postponed until
one o'clock tomorrow; which was agreed to.
On motion OF MIR. DODGE, OF Iowa, II was
Ordered. Tha, the Secretary acquaint the House of
atives that quorum Senate has
and the Senate is ready to proceed to business.
MEETING.
On motion by Mr.. CLEMENS,
Ordsrsd That the da ly hour Of meeting OF the Sen ate
be IL o'clock, IN unll otherwise ordered
NOTICES OF BILLS.
Mr. CHASE gave notice that he should, on "a. MORO W
or early day tn ereaer ask leave to Introduce
bill 10 grant 10 the State OF Ohio the unsod and unappo-
prlated public lands remaining in that State.
Mr.. DODGE, OF Iowa, gave notice that he should on
ubseuu nj dlu los IN Intrn
duce bill for the improvement OF the navigation OF the
Upper Mississippi river.
Mr. WALKER gave notice that he should on 10 NOR
row, or some early day thereafter ask leave to introduce
bills of the following titles
bill 10 authorize the governor OF tho Stale OF Wis.
consn TO select and locate other lands in lieu OF such
had been sold in the tract granted aid in the improve
ment OF the Fox and Wisconsin rivers, in Wisconsin;
bill 10 grant to the State Of Wisconsin quantity OF
land 10 aid IN the construction OF railroad from Mil
wauke, IN Wisconsin, by way OF Watertown, 10 Prairie
La Corsse, on the Mississippi river;
bill TO grant IL the State OF Wisconsin quantity OF
land TO aid in the construction OF railroad fromF ond du
Lac to Janesvlle, in Wisconsin;
bill 10 cede The public lands OF the United States to
the States respectively in which they are situated;
bill TO increase the jurisdiction Of the United States
district court for the district of Wisconsin.
Mr. GWlN gave notice that he should on tomorrow or
early day thereafter, ask leave TO introduce bills
Of the following titles:
bill TO authorize and direct the payment of certain
moneys into The treasury Of the State OF California, which
collected in the ports OF the said State revenue
upon imports, since the ratification OF the treaty OF peace
between the United States and the republic OF Mexico,
and prior TO the admission OF said State into the Union
bull TO establish branch mint OF the United States in
The State Of California;