The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-17

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there may be no misapprehsason about IT, say that the
prms ae evidence in the case s that which presented
~ the ume and prinsa acie 10 made out when ta
king all the evidence before the body a the time the mem
Der entitled 10 his until that evidence controvert-
ed II is perfect naked asurpaiion, distinction which
il not warranted ALL that you will select out OF
the evidence that before this body what will regard
in the case and what you will throw aside Inc Prsmd
tdeis case now, whatever 1t was in the beginning wnsn
the certificate read all the evidence which the
Senate have before them and the naked question now 10
be settled is do believe with all the evidence mat
is before them that this is entitled TO his seat
They not tied down 10 certificates.
Now TO answer the gentleman from Ohio in his teehn
cal objection Suppose that in his State where the
certificate of the governor Is the evdence and the mode or
certifying ia made legal and pointed out By law, man
comes here claiming seat under such certificate and
there the same moment paper signed by every
identical member OF the legislature by whom the senator
have been chosen, and by whom the governor cert
fes be was chosen declaring that he was not chosen
should like to know whether, in such case as that me
rtgq ce evidence of the certificate in regard
the election by the Legislature Is TO be better evidence
than the declaration of the legislature itseff do not
take the put by the gentleman from New Hampsbire
do say that is this take the case of governor
who undertakes assert that which s not true because Ia
been usual take his evidence and act upon until the
matter be committed TO committee and undergo In
vestgaton by them long they fit to investigate 1t
before shall be heard upon s merits by the Senate ana
should like to know If there Is any gentleman mere wno
claims that in such that the certificate OF the
governor although he be the legal certifying oicer
good against the declaration of that very body whoae acts
undertakes recte and who completely contradict him
at every point?
If this is not correct view of the matter then SUBJ
init that there way of ascertaning what the principle
which has governed the Senate the settlement Of csea
of CON asted election They have sometimes received with
out certificate from the governor they have sonemes
rejected in spite of the certificate OF the governor It's
perfectly clear therefore, aave not been
in their acton by the governors rthcate "nat wsy
there that yo reconcile these apparent contraoc-
tions submit only IN the way which oave just sug-
gested and that is that they undertake. to decH "a
rid ubi
1dua makes out priaaa ace case whether they neeye
~ entitled his seat according 10 the evidence
before them and IL requires the slightest evidence TO con-
sute presumption IN bis favor SO long as it Is not con-
adcted but when it is conraaicted, and the ev,nence
il is stronger than that which the
presents the certiGcse is nuhed ii 10 ont OF the case;
the pra aee has changed and whereas on the pre-
scnaton of the certificate the presumption was hrst OF all
in his favor the moment have evidence which sashes
nds that thst certificate ID untrue the primo
evidence is changed
Then looking the subject as do, il would be impos-
sble for to regard the present case as now STANDS as
pra in favor Of the claimant becanse ms the
gentleman from Indiana who presented the cerhate does
choose give the facts which be says he can bring
and will bring byandby-I say in the absence OF those
facts the evidence before the Senate is that this is not
entitled his seat and therefore the Pria Jdc evidence
is against him. H. tnen shall vote now 10 proceed 10
administer the oath aud let this take his seat here we
upon prima case which PriHa facis case sub
nit is against him.
Mr. BRIGHT should like to inquire Of the honorable
senator who has just taken bis seat where he gets the evil
d. nee sustain the declaration that the certificate have
presented is false on its faoe?
Mr.. N0URSE. have not 50 stated.
Mr.. BRIGHT understood the honorable senator 30 10
Mr. NOURsE. put hypothetical case, aud said, ex-
pressly thai would not say That was TINS case
as am up--for l do not wish to consume tiue being
anxious to get yotehat this certificate is copy, sub
stautay of the certificates heretofore presented by sena-
,os from Indiana In Indiana now the senator is per-
haps aware have law prescribing, IN the language
of the constitution of the United States the time place. and
-r.rx. IeaiA hnr his NM
that did intend TO 90 into this subject now; but
would after the should have taken that direction
which similar have hitherto aken present such proof
think goes to sustain the claim OF my colleague.
have resolution to offer
Re.oped That the President do administer the oath re-
quired by the laws to GRAHAM n FircH as senator from
the State Of Indiana
Mr. BENJAMIN / do not rise to trouble the Senate
with any remarks but simply the question of the form
of these credentials to refer The Senate 10 the book OF the
original credentials of the members Of the first Senate OF
the United States that held session have bad the
curiosity the forms of those credentials and
do think there any two alike But as regards tne
credentials now presented find them TO be almost the
precise form of the credentials presented from the State OF
Nrgnia-from your State sir, at the very hrsf Senate
that held Here the form of credentials given
William GraysoD, one Of the first senators Oh your
State:
The legislature of this Commonwealth the sth Of Mo-
ns I havqg sSassn William
senator Beverly Randolph being governor or enea
magistrate OF the Commonwealth, DO hereby cery ae Sam"
TO the Senate Of the United States
"Gven under my hand and SEAL"
The governor Of Virginia simply certified TO The Senate
that the legislature had elected William Grayson ind
that in half dozen at that time this was the form
The first who appeared from Kentucky had
certificate of exactly the kind Here 1t is signed
by Isaac Shelby certifying that he being the governor OF
the State does certify the Senate OF the United States
that the legislature of this State has elected John Brown
senator"
Some Of the forms quaint Persons that are fond OF
antiquarian research would that are rather anus
ing / will detain the Senate, however, in recalling
any of these form to recollection Here in the State OF
Georgia. the form is royal To the Hon. William
Few esq Ii proceeds to describe his election, and then
gives the certificate in these words:
Witness trusty and beloved George Walton esq
governor and commander incbie undsr
his hand and the great seal Of our said State"
obvious that each State chooses its mode Of
certifying the credentials and the State of Indiana has io
lowed the old Common wealth of Virginia in her form.
Mr. TRUMBULL. presume that there is not senator
here Who after listening the papers which have been
read supposes the gentleman from Indiana is entitled
to seat apprehend not one unless it be the senator
from Indiana who believe did express such an OPINION
Mr.. BENJAMIN. The senator will permit me-
Mr.. BRIGHT know several who entertain different
opinion.
Mr.. BENJAMIN. have heard dozen cay SO thi
morning.
Mr. BRIGHT do not wish the senator to put an i'm
preston abroad that there friends TO the claim Oh
my colleague. He will ascertain that fact in due time
Mr. TRUMBULL. | apprehend he has great many
friends but did not suppose after the decision made IN
this body within the last month denying seat to person
who had been elected by majority OF legislature under
Joint convention and that majority constituting aquo-
rum simply quorum of body was not present
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