Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-07
rEnNEssEn LEGIsLATuRE.
SENATE.
[Dsferred DebAte.l
THE oosTEsTED ELEcTIoN.
TUssDAr Moasrke. Oct. 4, 1859

TIE CONTESTED ELECTION.
TUssDAY MoRSrxe, Oct. 4, 1859.
The Senate took up Mr. Psyne's motion to admit !
AR Minis TO his seat in tbs Senate from the Eighth
Senatorial District
Mr. RICHARDSON sald: Thisis case in which
there are two applicants for the seat, each sp-
pieant claiming me seat by virtue Of his tihcate
il is case Of double certificates and contend that
neither Of the gentlemen should be adBited TO she
seat until all the facts Ia the exsminsd Into
and reported by . committee to the senate. IL lie
impossible for the Senate 10 decide under present
circamstancss, looking only Al the certificates,
which one Of the applicants ought to be admi1ieds
contend that Mr.. Minnls Ougas noI 50 be ednit-
ted 20 the seal
because we can prove BY his own Certificate thas
bis election IL made By the second and eighth dis
triots Of SeQustchie county.
Beesuse we can prove thas in the seeon1 and
eighth districts thsre S5 votes cast and all OF
them for Mr. Mihnis; aud that these 80 votes were
oasL in the territory Of Sequatchie county takea
from Grundy county, which votes were osnnted II
the Eighth Senatorial District in conflict IS We be-
lieve with the Constitution Of the State.
Reesuse We can prove that it is only by counting
these IS votes which we're cast In the 0uAdy frac-
ton of Seouslchie that Mr.. Minnlsis elaoLed, his
msjority being Is votes
Because We can prove that, by throwing QUIT
IS votes which illegally counted in the Eighth
Senatorial eiecfloEs anu bAeiu " eSNN
tesnth district, where they properly belonged, Mr.
Tibbs Is elected By Il votes
Because We can prove that the ehsrif Of Hauil-
ton did deputise VIM Rankin, Esd, OF that fraction
Of ssquatehie county taken from Hamilton county,
his special deputy 10 open and hold said election tn
said fraction of Sequatchie county; and that SAID
Eheri did authorize said deputy to select persons to
assist him in holding the election in said fraction OF
Hamilton: and that said sheriff look legal counsel
MIR NInnis included,l all Of whom coneUrred that
the fraction of said oouaty of Sequatohs taken from
Hamilton county, should vote and the votes be
counted with Hamilton county; and that the frac-
tiop Of Seoustche county taken from GTundy coun-
IN. shou d be excluded from voting with Hamilton
county and ought not 10 be counted neither IN the
Eighth Senatorial District nor 10 the Third Con
gressionRl District.
Bsoauss We can prove that although the votes
ea.s IN the second cad eighth districts Of The drun
| dy fraction Of 6oquetehie, were counted As no
longing 20 Hamilton county, 10 the Se7GorISI e'ec-
zion they we're not coHates in the election between
she candidates for Representative from hamis-
Bseauss we have tbe testimony in the form Of
dispositions taken By the parties after legal notice
| had been served and cross-eIamnasionS OF VIZ
nesess had. agreed to by Mr. Minuls aad Col
TibSs now in the Senate Chamber, directed TO the
principal clerk to be read in the case, amply suf-
| oient 70 prove all the foregoing statements
| And for these and many other reasons, VIC cannot
vote for Mr. MINIS to take the seat st this time,
hut prefer that the whole subject be referred to
oommittee to investigate the matter and report -
Ihe Senate all the facts In the case in order that
We NAV know which of the contestants ought
| tn he admitted as g member Of this body
Morn pr THr due DR. RIoHAaDsoN to ass
that the Reporter undsO0d hR 70 Say that he had What he'd
rsd to say upon subject written oat full and therefore,
look 30 noss The Doctor, however, hal only
written out the foregoing why lie should vote against Mr.
faka his sat At
| been able "a yea to supply his remsrkS.l
| Mr. PAYNE said no desired 20 sub nit . few Ad-
ditionai remarks in reply TO what had just fallen
from the Senator fr6lA Rutherford and Williamson,
| mr.. Richardson That gentleman, as well as the
aepslorsfrom Wilson end Davidson, MIR. Stokes and
Mr., Trimble,) was entirely mistaken when he sup
posed that he (Mr. Psyne) or his party friends in
This body desired to sthe investigation, or TO VIC
late the rshts Of any portion Of the people OF Ten
nessse On the contrary, they desired full, fair
| and Impartial investigation before properly or
/ sauizsd committee, clothed with ample powers to
investigate ell the fao!s OF this case, and TO report
upon them to the Senate, when the matter can be
| dsoidsd The Senator from Rutherford Mr.. Rich
aydsap) has travelled out of the record and present
ed Sn array OF facts which he says can be establish
! ed Knowing that gentleman as ne mir Paync) did,
| be would not for Q moment Intimate that he has
isststed these facts that they may not be sufh-
si,ot when presented, to gain for the contestant
seat in thisbodg Upon this suhjtcths could express
no opinion because the proof vsa not before this
hodv mar "a this the occasion When II oOuld he heard
b,Core this body. The IRots which go to SHOW the
Aleza ty OF the Senatorial election IN the HAmII-
ton Dstrot, or 30 prove the superior claims OF Mr.
Tibbs to seat in this body must be brought before
the Senate by committee selected for the purpose.
There is nat s. far ne (Alr. Psyne) knew, single
DsmoorSt in this body Whs is not prepared 10 Vots
for Che raising Of such . committee At the proper
zine. Ii may then sPPesr that hr. Minnls Is no.
IA o9,k -, -
Ulega or fraudulent votes, by other undue ueSns,
and II 40 be trusted that there Was hon y sufi
cient In this body TO Gust him from his seat and
rive pIsoe to the man who shall prove that he is
really tia choice OF the people OF that District But
the fssGs 90 formally but as he conceived, rregu-
lsrly brought before this body by the senator rom
Rutherford Mr. Riohsrdson,) can have nothing
10 do with the question How before the Sen
ate What is thss question he would AJAX. IL
il eImply whether the certi6cAte presented BY
John A. MINIS frsm sherids OF the counties oil
Hamilton, Marion, Blsdsoe, Bradley, Rhea, and
Sequatohc. is sufficient to entiils him 10 Dc sworn
in as . member Of this body. The Senate, in the
present state Of this case, could lock only to the
facs OF the certificate aud upon its face IL Is suf
fcieuL IL Is as good q certificate as that presented
by any other member upon this floor 1t goes en-
TO snow that the sheEis Of the counties comprising
the Eighth Sen atorinl District had met at the time
and plAee designated by law and compared the
votes and after stating number of votes received
by the two candidates, leaves MIR. Minus with
majority Of IS votes, If the votes OF Sequatohle
county were to be counted, and majority OF "
votes IL that county Is to be excluded from the
computation. But is insisted that the contestant
(Nr Tibbsl has also regular certificate. This he
3Mr Paynel denied He has nothing that deserves
the name OF q certificate Of election. On the con-
trary it is paper signed by the different off,
GERS a month at least after the election, stating
the condition of the vote pretty much IS set forth in
I Ii Nza1 dRNH Nav
eat places on different days, and has not upon its
face the sighiest evidence Of being intended as
certificate OF election. On the contrary, ii is .
mere narrative signed by these officers, doubtless
called on in their different counties. This paper
then cannot In any oense OF the word be regarded
as certificate Of election given TO MI TibbS nor
could it ever have been intended to have the effect
Of suoh document. The Senate then, is forced to
act upon the only paper that has the form or shape
of certificate Of election. That is amply sutiici-
ent to admit the claimant to his seat Uponits face
it shows that he duly elected member Of this
body it mGke out prnsa (dcid case upon his pGrt
and the Senate can do nothing more nor less than
allow him to qualify That being DONE his opponent
NAV Gust him from his place by showing superior
claim when the case shall be heard upon lis real
merits Al present, and in this stage Of the pro-
oeedng eur business is with the certificate Of Mr..
MINIS and upon shat he should be admitted to his
| sea-.
But what, continued Mr.. Payne, is the real case
with which we have new TO dealt Ii is this: That
ON the 9th day of December, 1851 act was pass-
cd by the Legislature Of Tennessee TO establish the
county Of Sesuatchie. The language Of the first
section is that new county 10 hereby established
BY the name of SequGtchie, and formed out Of the
county, of HdzaiLton and bounded as follows" Sc.
By the last section, it was enacted that the act in
question should take effect from and after Its pas
sage The coaRty was organised under this Law,
and on the first Monday OF January, 1858, County
Court was held by the Justices Of abe new county.
Under the Constitution OF Tennessee the citizens
OF the fraction taken from Hamilton and eonsituI
ing tie new county OF SsquStchiS, could only
vote with the county Of Hamilton and with the
Eighth SenstOrsl District This is not ooutrOverted.
The Legisl-t has no power t. control the votes
Of citizens dog in the fractions Of oil counties
taken TO form new They must, as he had
staicd vote with the old county or cOuaties from
which the territory bad been taken. 80 she conn-
~ Af sequachie although complete in its orgauizs
on and possessed Of all ihe rights AM privileges Of
other cou1tes was part Of the Eighth Senatorial
District. Another question, said MIR. Payne, now
ARIES, and it is the main question in this case.
Alter the county Of Sequatchis had been estab
ishsd and organized, 40 act was passed by the
Legislature on the 4lh Of March, 1858, to change
the lines between 'the counties Of Grundy and Sc
qustehie, jefferson and Granger, Van Buren, and
White De Ksb and Smith, Polk and Bradley, Will
SON and Cam m, Rutherford and CJffee Haywood