The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-01

tee and granted him seat this floor? ~ =
But Sir further back Here Is the contested e. ecton
ing before the Senate of the United States each claim
ing to be Senator from the State of Rhode nd and
each holding commission from the Legislature of that
State That Is stronger case, II possible, tnan any
which have presented. Here two gntiep iSn COM
ing before the Senate, each bearings certcat of cleo
ton from the Legislature of the to which they be-
long, and each claiming to be Senator from the state
of Rhode Island What was the decision of the
In that case! II seems to my mind perfectly clear that
the decision OF the Senate in that concusve f
any decision whatever be conclusive as n nrecedent
in this body 1t was decided after debate that Mr. Rob
bins entitled to be in and take his seat In
first Instance, leaving his election to be detsrmnad
by the investigation of Committee, and he was ut
mately confirmed in his seat in the Senate "'
Mr. Robbins came here and presented his credent;oIs
and afterwards another gentlemen came and presented
his credentials and the Senate instead of referring them
to Committee asserted that Robbins claim was good
and permitted him to take his and then the
was referred to Committee and adjudicated
There Is still another case On the 4h of March, 1901
Urah Tracy of Connecticut. having presented his Gre
dentias under an appointment py the Governor and
the Seal of the State exception was taken to His
dentas and debate ensued thereon but on the motion
that he be permitted to take the oath euured NV the
Constitution, it was decided in the Affirmative This
was question with regard to the validity of the ere
dentias, but still the claim to was taken in nd
vance of the adjudication of the question reneat that
so far as have been enabled to examine this oueston
a
come here with the regular CREDENTIALS of election
been refused permission to take his seat,
Mr.. Mangum said
Sir, had hardly expected to live to see rs reenact
the scenes of the New Jersey case which
years ago in the House Representatiyes which was
burned with brand that was heated to white heat bv
the public reprobaton of the whole United States by
men of all parties.
Now, Mr. President, at the very time this
matter was under discussion in the Senate of
the United States, Mr.. Shields was a member
of that body, and EX-Governcr German was
a member of the House of Representatives,
and the President Of the Convention which
sits in the other end of this Capitol, was the
Deleg tie in Congress from the Territory of
Mime, ota. This principle, then, was reas-
serted and not controverted in the very pre-
sence of those men-the present leaders of
the Democratic Party i'm this Territory. They
had personal knowledge of this principle and
had heard it reiterated over and over again ::
and yet, Sir one of those very leaders has the
hardwood to come into this building and as
sert that the exception which was present
ed in the New Jersey Case, was the rule it.
SELF and has acted accordingly, and the 9TH
er leaders have acted with him.
Again, Sir, questions of the same kind
have arisen in the Territory o. Minnesota
| remember the cases of Tillotson and Han
son. and Taylor and Ludden, and Mcleod,
who presented their certificates OF election
t. the Territorial Legislature, and I
remember, too, that Messrs. Murray, Setter,
R"lette, Flandreau, Baily, Norris and Stur-
eis, Mr.. klngsbury was a contestant) now
members of the Convention IN the other Hall
were members of that Legislature and that
some of them took the ground that the men,
be: presenting certificatepresented prima f.
c'e evidence that he was entitled to aseat, and
that he must have his seat in the first instance.
and if there were others who wished to con-
test that seat, his claim must be referred to a
committee. Those gentlemen, then, wee
cOgnizant Of this rule, and acted in accord
ance with it. They know that the Republ-
| cans did not insist upon any thing but what
not usual and parliamentary when they in.
sisted that every pers who presented Ger
tiicate from the proper officers within the
limits of the proposed State was entitled to
scat in this Convention in the first in
stance.
1 remark here that do not propose to en-
ter into the merits of the question whether
certain members who presented their certifi-
Gates as prima .facie evidence. were really en-
not in case contest were made. We hal
thing TO do with that question, as body,
at that tine, nor have we nuw until a con.
tcstant comes. 1t would have been an insult
to them to have refused to receive their GER
tfcates and admit them as members of this
body, and an insult to the officers who gave
them their certificates. Nor is it our BUSH
ness to 60 into that matter voluntarily our
selves. WHO is to blame il any one occupies
seat in this Convention who is not entitled
to it ? Not the members of this Convention.
Has the matter ever been brought before
them in tangible and legal shape? Not by
any means. Who then is in fault? Those
who suppose they really had rights to seats
here, and have not claimed them, and those
who sustain them in their course, if ANYBODY.
The second excuse which the leaders of
that party make for their course is, that the
Republicans insisted that the Clerk or Clerks
of tie board of County Commissioners was
the only legal source from whence the aY'ino
fteie evidence could come.
Here propose to read that section of the
Enabling Act which refers to the manne.. O,
conducting the election Of Delegates to this
Convention. 1t is as follows:
Sec. g. And be i further enacted That on the first
Monday in June next the legal voters in each repre-
sentative district then existing within the limits of the
proposed State hereby authorized to elect
gates for each representative to which said district NAV
be entitled accorngto the apporonment for represer-
atyes to the Territorial Legislatu which election for
delegates shall be held and conducted and made
in all respects in conformity with the laws of said Ter
rtOry regulating the election of representatives; and
the delegates elected shall assemble at the Capital
said Territory the second Monday in July next and
first determine by vote. whether ii the wish tn.
people the proposed State to be admitted into the
Union at that time; and if so shall proceed to form
constitution, and take all necessary steps for
tabsnent Of State Government, in conformity with
the Federal Constitution, subec Ito the approval and
ratification of the people of the proposed State
Now sir, what is the VIZ | refer to |
sec. SO, page s. of the Revised Statutes. and |
find the following:
Sec 49, On the twentieth day after the close of any
election if all the returns be received, the clerk
of the board of County Commissioners taking to his as
ssance two justices of the peace Of the county, shall |
proceed to open said returns and make abstracts of the
votes in the following
The abstract Of the votes for Delegate to Congress
shall h. sheet: the abstract of for members
of the Legislative Assembly shall be sheet and |
the abstract of votes for county and prec CT Offices shall
be another Sheet and it shall be the duty of said
Clerk of County Commissioners Immediately to make GU,
a certificate of election each of the persons having the
highest number OF votes for members of the Legisla-
tive Assembly. And |
to del yer said certificate to the person entitled to it,
Also SO, Oh. 5:
When two more counties united in one council
representative Clstlct, the Clerk of the
County CoTmi5soners Of the ty last established
shall Within tEenty days after the day election at.end
at the office of the clerk of the Board of County
Commissioners, the senior county and in conjunction
with the clerk eli the clerks of the senior conn
ty counties shall compare the votes given
in the several counties composing such or repre-.
sentative dstr ct and said clerks shall mnedatey make
out certificate of the person persons having the
highest number Of votes in such counties =
to it.
1t is made the duty, then, of the Clerk or
Clerks of tie Board Of County Commission
ers. 70 give the certificate, and that certf-
Gaze, when pr sented, is pr:ma facie evidence
of election, and under it tie member is en-
,it'ed TO have and holt his seat until it is
proven. by actual evidence, that there was
fraud or illegal voting, or something of that
kind in his election, back of the certificate,
sufficient to give the seat 10 the contestant.
The returns, it is true, a;e made to the Sec
rotary of the Territory, but he does not give
certifcates.
Section IS OF the same act is as follows:
Sec. IS. The clerk Of the board of Commissioners
Immediately after making the abstracts the votes Civ
en- in his county shall make copy of each of said abb
stracts and transmit il by mail to the Secretary of the
uty presence ofthe Governor, shall proceed within 80
days after the election and if all the returns be
received the votes given for Delegate Con-
gress.
That is the exception. The Secretary of
Atutf