The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-01-28

on motion OF MIR, COWAN, the further
reading was dsp nsel with.
Mr.. BATES called for the reading Of the
affidavit. which had been stricken from the
minority report. and placed upon file.
The Secretary reported that he was una.
Ole 10 find the affidavit. although he was
conlid,p, he haa filed il.
After an ou,burs, Of indignation from
some OF the mcrnbes, the missing affidavit
was discovered and read by the Secrc-
tary.
Mr., SMITH moved that the resolution
submitted by minority OF the committee.
declaring Mr.. BrSsoN entitled 10 the seat,
be adopted by the Senate.
The adoption Of the minority rcpor, was
urged, a, some length. by Messrs, BATES,
HUDSON. LlNDSLEY, BEMAN and
SMITH. each adhering to the position as
sumed by minority OF the committee.
Mr.. SirltEErER said the report Of the
majority had been framed from the petition
of the contestant. The principal point
brought forward 10y the Republicans being
his inelegibility 10 the Office. because he
bad not been resident of the District for
six months prior 10 the election, the other
charge of Illegal voting having been almost
entirely abandoned. therefore the real ground
OF contest WAS the non-residence oi Mr. Ban
Fiji. in the District. lie reviewed the evi.
dence ut length, and could not find anything
sufficiently corroboratiye Of the chargc--ii
was not the duty OF Mr.. BASrriL TO prove
that he was resident of the District, but
it was the duty OF the contestant 20 prove
that be- had not resided in the county OF
Manomin for sufficient length OF time.
Even had he been absent from Manomin Tor
six months, under all principles o. aommoa
law. be could still claim u residence IN the
oath Senatorial District had ho been alb
sent on business, or for any other purpose
il the absence had been only temporary.
Mr.. VAN ETrEN wished 10 occupy
the attention Of the Senate for but u few
moments. Both parties had agreed TO mp
pear before the Senate by COUNSEL aud Mr..
BAsrlll. had awaited, like good lawyer
for the opposite side to produce proof to sus'
tain the ground Of contest, He reviewed
the testimony, and asked the opponents ol
Mr.. BANftiL If they could conscen,iously
vote TO dismiss him from his seat upon
merely negative testimony. Mr. Is. had
sworn that he had ben resident Of The
District for SIX months prior 10 the election
and no other witness bad sworn Ia ,hc con
trary Mr. NAVAL. one of the Witnesses
had not positively sworn that he was not
but merely said "he did moi k"or Of Mr.
BANPnI living in Manomin previous to a
certain time, the 18th or 10Th day OF last
May. lie fully coucurred with the gentle
man from Fillmore. (Mr. SrHnErgn,) in tbs
legal proposition which lao had advanced. --
Another reason why he opposed the adop
ton OF the minority report was because Mr.
BsNaos had been fairly DEBATED hy ma
joriiy of the legal votes. and il MIR. BAsylI
was ineligible, the matter should lie reierre'
back TO the only proper ttbunal---thc pco
pie and the ballo, box. IL would he takins
too high ground for the Senate 10 give th'
minority candidate the seat already occnpf'
by man who had received a clear ma lpriiy
Mr., SMITH replied a, considerable
! length 10 the arguments OF the two gentle
men who had preoe,icd him. and asstrte'
| that he could find instances where the Gu
pant or holder of an Office hal been 0uStet
from the possession Of the same on the
ground Of ineligibility. while securing ina
jori,y Of the votes cast
Mr.. COWAN made "A few remarks IN al
swer 10 Mr. -xIIn, and concluded with ih'
wish that every gentleman upon the Hoo
would vote consciuntlolisly and iairly npo'
/ The question now al isaur--ho was deter
! mined I, vote against the adoption Of To
minority report, ard would do so honestly
The subject was debated AT length an
! Che question recurring on the adoption
Mr.. 5Mlrns motion il WIS lost
Mr.. COWAN moved that the comrilttc
rise AMI report back TO the Senate, with ID
recommendation that JOINS BAsFiIL be d,
/ carol entitled 10 bis seat. n State Scns
tor. from the 2ith Senatorial District.
Mr. SMITH offered the following as
substitute
R.,oired, That the sss, now occupied Ia Oh
senate by john Baniiil, Ice declared vacant.
The substitute was not adopted.
Mr. JONES offered the following rcsOlt
ton which was adopted, by - vote d n.y.
Is nays 3.
Rs.oi,.d. That Jrln Bsp1iI he declared ent
tied ~ n seat 10 tbs 5ebats rom 10" Eith - H'
. t0fial District
The Senate then al jourued.
HOUSE OF REPRESENTATIVES,
The House was called 10 ordcr ~ u
SPEAKER.
hEEDNFe
Mr. KINGSLEY from the Commute
on i.oafis. reported back tho bill for roa
from Wcst st. i'eul 10 ohakopes, vii
amendment.
Nr. STARR EY from special cou
m.'toe reported back The bill authorizing u
city VI II. Paul 81 isAne bonds for sire
certificates, with amcldments
pfJIE ISrRgDUcFD.
BY Mf. BRAY For mail rOGtA ifo
Minneapolis TO Henderson,, on tbs west ~
. L..