The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-14

nn .u.;n which thew insist upon as having been set
lied by the Senate What that practice It's that
where senator presents u,is mln, bsatss",
10 cnny that during the investigation OF his uue 10
n Tho question then is whether the credentials which
The gentleman from Indiana presents are such
evidence of title maintain that they not main
tain that he presented sufficient or satisfactory e
dence of title that is prHd fdee Let us look to see now
title is to be made and how title is to be proved NO
person can member of this body unless he has been
elected by the legislature of the State which he claims 70
represent That's clear de no. senator mate aa
the qualification. There is another and that s that
he must be chosen at the time and in the place and
in the manner in which by law senator must DC
chosen to represent that State How the time place
and manner In which senator may be chosen In ind
ana to be determined The constitution OF the united
States says it shall be prescribed by the legislature oil
the State subject revision by the Congress OF the
United States TO the time and manner The Congress
of the United States have never prescribed the
of the State of Indiana has prescribed time place
or manner in which senator shall be chosen, under
stand correctly the constitution and the laws OF that State
Then, there has been time, no place and no manner
the choice which it is alleged has been made The
same statute which would prescribe the time place and
manner would prescribe also the evidence which should
be given; and the evidence must show compliance with
the prescription and the choice is invalid and void unless
it has been made at the time and at the place and IN the
manner usprescrbed by law Now what have we here
The only evidence which is offered by the claimant s
certificate statement sent here by the governor OF In
diana ask what has the governor of Indiana to do with
certifying to this body the election of senator by the eg
laure of Indiana for the State Of Indiana II he has
thing do with it. either law of the Congress OF the
United Statee the constitution law OF Indiana
have conferred him the and prescribed the
in which it shall be executed But there is no act
of Congress which authorizes governor to certify nor 10
there any of the legislature, any constitutional al-
thorty Of the State of Indiana which authorizes directs
the governor ascertain and certify what has been done
by the legislature Of the State of Indiana in execution OF
this article OF the constitution.
Then this paper of the governor is paper which Is
made without any authority of law and therefore Is In
itself void 1t does not rise to the dignity of prd Jdeie
evidence 1t lacks the authority by which 1t be made
1t CLAIMED and insisted here that the paper primo
evidence simply because the constitution and laws OF some
other States do direct the governor ascertain and certify
and communicate the result But the constitution and laws
of Indiana what to consult for the governors
authority this subject We find that constitution and
those silent and therefore the paper which has been
produced has weight authority upon the ques-
ton would have if instead of being executed under
the great seal Of the State Of Indiana and signed By the
governor it executed and signed with the seal and
signature of the of the senate the pr
vate secretary of the governor of Indiana
Now sir beg have that certificate of the governor
read II do mistake the Senate and the country will
find in that paper intrinsic evidence of its insuficeney
thai lacks direcess and dtnctness and internal evil
dence OF authority TO carry the weight OF praa dcie tes
mony. ask to have it read.
The Secretary read the credential, as follows:
I Ashbell p. Willard governor of the State of Indiana
been certified By proper authority that the egisa
ture Of the State of Indiana the 4h day OF
nc Domin 1857, duly chose Graham N. Fitch" 6c
Mr.. SEWARD. That will do. aWhereas it has be- 4
certified to by the proper authoriy"-who certified
Who the proper authorities? Who ascerained ard
determined what are the proper auhoresf If there
proper authorities who authorized to certify this fac
the governor their authority must be found in the
sution statutes of the State of Indiana, and they must
be named. The constitution and laws of the State of In
diana constitute person proper authority to certify
such fact to the governor but the vaguely recite
certificate made by some PERSONS who they we dc
not know, described the proper authorities but by
virtue of what law, constitution, act they
petent is disclosed The whole paper shows that in
the first place it was made without any authority on the
part of the governor to make it If the recital is rue and
in the place. that the recital is evasve ambiguous
uncertain and therefore vtate and voids the instrument
If the facts were true.
Now sir under these circumstances this is prii
ace evidence But is the pria fae evidence which thu
Senate has been accustomed to require limited merely
the certificate of governor ii the governor paten
right and authority constitutional right by any law
of Congress- by any act Of the legislature OF Indiana
right power BY prerogave to furnish all the prime
aeie evidence that is 10 be offered such question
No, sir have primd fdeie evidence here, in various
forms offered to the Senate which members have beer
admitted to their Seats have known member rise ant
say, athe honorable gentleman who sits next to me has
been elected senator from the State OF Kentucky,
have read il in the newspapers and verify believe it to b.
true but he has left his credentials at home they hav
not arrived, and move that he be admitted TO a seat;
and that being sufficient pra tacie evidence though
no actual evidence at all the SENATOR without dispute
considered entitled seat 1t not anticipated
that there would be contest question about it. TIL,
ria dcie evidence offered in that Prima fdci
evidence that liable be conradicted equally by thu
rna Jdce evidence of myself if had been able to do
by rising and saying 9" have in the newspapers tina
another person. and not this honorable gentleman,
chosen that is my prnaa acie evidence and object to
his being n Then the prind acie evidence would
have been equal each sde and the evidence being
balanced there would have been primo facie evidence
ut all.
So the pra fae evidence which is offered in this case
the evidence OF the senate the formal authority and
henic evidence of the senate of the branches of
Legislature of Indiana, by which this election have
been made protesting and showing that such election
could be has been made; while on the other hand all
the prnd evidence there for the claimant is that
governor who had nothing TO do with making the cleo
ton and was no party to it but stranger to it, and
who makes his statement historical by rectng that it has
been certified by somebody him that such election
did take place
Sir, am bound to believe do believe shall be con
tent TO believe that this election has been made in the
State OF Indiana that the proceedings have been conducted
an good faith and that the honorable gentleman who
comes here claims seat to which he supposes, and tc
which the governor who sent him here supposes he
titled in good faith but must the same time tina
IT ever seat shall be lrauduenty claimed in the Senate
OF the United States by who elected The
time, at the place. and in the prescribed by the
constitution and laws, but fraudueny elected tina
be entitled to take hs here after shall have decided
that we have only open at time instead of
ears and that the Is open 10 the certificate of gov
ernor recitng that he has been informed that claimant
who partisan of his has been elected member of this
body and the other with which God has endowed us
closed and that 1t is incapable of receiving, and must
receive higher proof the other side that such election
has been made
Mr. PUGH. Mr.. President The senator from New York
SEwARD has correctly stated the question which Is
before the Senate Ii Is whether Mr. FrcH has been
elected by the legislature of the State of