The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-02
THIRTY-SECOND CONGRESS.
FIRST SESSION.
MosDAY, December /. 1881
SENATE.


fSmp0Te
The following Senators were in attendance
Maine Hannibal Halnlin.
Netp HainpshiTe-John r. Hale, Moses Norris, lr'
VtrmoHi-William Upham, solomon Foot
DIdssGchusetis- John Davis, Charles sumner.
Rhode Isldnd-John II. Clarke. Charles T. James
ConneeticUt-TrumanS Smith
Ve,p York-Wiliiam II Seward Hamilton Fish.
+ Nelc Jersey-Jacob W. Miller.
Pfnnsulrania-James Cooper, Richard Brod-
head, il.
Dsld.DGre Presley Spruance, James A. Rayard.
1farpland-James A. Penrce, Thomas q Pratt
Puginia-James NJ Mason
GsoJgiG-John Mcpherson Berrien, William c.
Dawson
.ilabdna- illiam X. King, jeremiah Clemens.
liissiSSippi-Henry :. FoUte.
Ohio-Salmon p. Chase, Benjamin F Wade.
Renfucky-J Joseph X. Underwood, Henry Clay.
IndiGna-Je Jesse ID. Bright, James Whitcomb.
H,nois--James Shields.
Missouri David r. Atchison, Henry S. Geyer
licLigaa -Alpheus Fetch, Lewis Cass.
Florida Jackson Morton, Stephen f. Mallory.
Iouoa-Augustus c. Dodge, George w. Jones.
TViseonsin-Henry Dodge, Isaac b. Walker.
California William Nj. Gwin.
Mr.. SEWARD presented the credentials OF the
Hon. HAmILTos FIsB, Senator elect from the State
of New York for six years from and after the 18th
Of March, 1851
MIR. CHASE presented the credentials of the Hon.
BENJAMIN F. WADE, Senator elect from the State
of Ohio
Mr.. MILLER presented the credentials of the
Hon ROBERT F. STOCKTON, Senator elect from the
State of New Jersey.
Mr.. CLARKE presented the credentials OF the
Hon. CHAhLEs r. JAMES, Senator elect from the
State Of Rhode Island.
Mr.. ATCHISON presented the credentials OF the
Hon. HENRy S. GEYER, Senator elect from the
State of Missouri.
Mr. CASS presented the credentials of the Hon
CHARLES SuMsER, Senator elect from the State OF
Massachusetts. All of which credentials were
read. Whereupon Messrs. FISH, WADE, JAMES
GEyER, and SUMNER, being present, took the oath
prescribed by the Constitution.
SENATOR FROM FLORIDA.
Mr. MORTON presented the certificate OF the
Governor of the State of Florida certifying to the
election of the Hon STEPHEN r. MALLORY as
Senator of the United States for the term OF ok
years, commencing on the 4th OF March last lie
also presented an exemplfed copy OF extracts from
the journal Of the House Of Representatives, oil the
State OF Florida, containing the proceedings OF the
Legislature upon the election OF Senator; which
journal considered, by the Hon. DAVID l..
YuLEE, as evidence of his election as Senator. He
considered it be his duty to present both of these
papers the Senate, that the body might act upon
1t, and in doing he would refrain from any ex-
preston Of any opinion OF what that action
should be.
The two papers were then read.
The CHAIR submitted the question TO the Senate
for it's decision whether the Senator from Florida
having the certificate Of the Governor should be
ADMITTED and sworn.
MIR. BRIGHT moved that the certificate OF tie
Governor, presented, as wei the extracts from
the legislative journal, be referred 10 select COM
nlittee of five Senators.
Mr.. CLAY considered the very clear one.
Mr. MALLORY came to the Senate and presented
his certificate from the Governor OF the State OF
Florida 10 his having been elected Senator from
that State This was at the least prinG facie evil
dence of his being entitled to his seat, and there
fore he should now be sworn. he considered the
presentation of the extracts from the legislative
journal as rather informal. He was Of the opinion
that the proper course to be pursued was to admit
inc member having the certificate, and let the
contestant, by petition or otherwise, INFORM the
Senate of his claim to the scat he would now
make the motion that Mr.. MALLORY be sworn, u
the pending motion was not III the way.
Mr.. FOOTE hoped the Senator from Indiana
would withdraw his motion.
MIR. BERRlEN said that this controversy was
one of which every Senator had been advised long
since by the newspapers. For this there was
no precedent. In the case OF Robbins and Potter
the credentials of Mr.. Robbins had been presented
at the session anterior TO that at which he was 10
have taken his scat, and had been placed on the
journal and in the records Of the Senate, and 1t
was not until the next session that Mr.. Potter
appeared witS the certificate OF his subsequent
election.
Mr. B thon sornnIvutru upon the 1ifU uuistanccs
Of ,his case-the Governors certificate on the one
hand, and the journal OF the Legislature on the
other; the first setting forth that Mar. MALLORY had
been elected, the other showing that Mr.. fULRE
had received twenty nine vote5, being TIE only
person voted for, and twenty nine blanks he ex-
an election or-not but if it did, then the journal
showed that the Governors certificate was not
plenary proof of the election. lie did not believe
that the prind fdcie evidence OF the Governor ,
certificate controlled the exemplifcation OF the
record far as 10 entite the member holding that
certificate to be admitted TO his seat.
MIR. FOOTE alluded 10 the decision made in the
of MIR. SHIELDS, OF Illinois, who, having the
Governors certificate, admitted to his seat,
notwithstanding evidence of his disqualification
presented AT the same time.
Mr. MASON did not think the Governors certi-
fcate in this prima facie evidence, aufh
cisnt to throw the burden of proof on the opposite
party.
Mr. HALE advocated the right of the member
holding the Governors certificate to take the seal
until such time the Senate should determine The
question.
Mr.. SEWARD alluded to the different modes o.
certifying the election Of Senators. No Senator
from the State of New York had ever any Other
credentials the exemplitlcaton oil the proceed
ings Of the Legislature electing him. In the Gaze
of the Senator from that State whose credentials
read this morning, there was nothing more
than certified copy OF the proceedings oil the Two
houses of the State Legislature In other States II
was customary for the Governor to issue his certih
cate. Both modes had been sanctioned. In the
present case one party presents the certificate OF the
Governor, the other the Legislative record Either
would be received satisfactory, if the other bad
not been presented, and no controversy made. On
der these circumstances, he inclined to favor
the motion oithe Senator from Indiana.
Mr.. CLAY replied. He considered 1t a great
mistake to consider the extracts from the Jour
nal as any evidence of election. On the con-
trary, that extract showed that upon counting the
votes twenty nine were cast for person anC
twenty nine blanks; whereupon the presiding Of
ficcr declared there election, and the Legis
lature proc eeded to ballot until there was eec
ton, being that one certified TO by the Governor.
MIR. BRIGHT said that, believing the contestant
would not be prejudiced in any way by admitting
Mr.. MALLORY to be sworn, he would, at the sugges
ton Of many friends, and of the contestant himself
withdraw the motion for the reference to selec
committee.
Mr.. CLAY then moved that Mr.. MALLORY bt
sworn in as Senator from the State OF Florida.
And the motion was agreed 70.
And the Hon. STEPHEN X. MALLORY appoarcC
and took the oath of office prescribed by the Con
stitution
Mr.. BRIGHT moved that the letter of the Hon
DAVID L. YvLEE, addressed TO the Senate al lts lac
(executive) session, together with the papers pre-
sented to-day, be referred 10 a select committee q
five Senators; which motion WE agreed to-
On motion by Mr.. WIN, the balloting 70
this special committee was postponed till tomor
row at one O'Clock.
RECEPTION AND ESTEuTAISMEST OF KossUTH.
Mr.. FUOTE gave notice that TO morrow h.
would ask leave 10 introduce the following join
resolution.