Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-11-05
THE CoNTEsYED ELECTION.


Remarks Of MT. Stanton.
In the Senate. Nov ?. on the Contested Election In
the Eighth Senatorial District.
Mr.. SHANNON said:
MIR. Speaker:-I have done that which
conceived to have been the duly Of every
Senator in the investigation Of this case; i
have given it an important examination. In
that investigation, / have been. actuated
solely by an anxious desire TO arrive at
correct knowledge of all the facts that legal
ly relate TO the true questions involved in
the contest; and have also with the same inn
Partially and solemn sense of duty, looked
iniO all the legal questions that | can con-
ceive in any manner as being pertinent to
the true Issues, Which arise upon those facts,
without the entertainments of the least par
TALLY OF feeling either personal or political
between the contestants. 1t WAS desired by
the Senator's with whom am associated in
politics, that such an Investigation of the
case should be Lad as would lead to the at
tanment of strict justice between the con-
iestants. And in order that injustice might
not fall from the hands of this Senate upon
the rights or claims of either of them, aud
particularly that the constituency OF he 9Th
Senatorial District CHIT not be inflicted with
the membership of one against whom they
had spoken through their ballot-box, il was
desired and respectfully proposed by The OPP
pOsltlOu StuAlOIS, luhI DON OF tue CoDItSt-
ants he suspended, and neither of them be
admitted TO the seat until q fair investigation
could lie bad OF their respo Give claims, and
d hnal decision be made between them accor-
ding 10 the facts and the law governing the
care. But the friends OF Mr. MINIS, without
any apparent regard for the rights of Mr..
Tibbs, and the least display OF courtesy or
respect for the suggestion OF our side of the
Sfnate, proceeded to induct MIR. MINIS into
Office in,anter, and thus discard Mr.. Tibbs,
as though tue introduction OF the contest was
entirely voluntary VI on his part. Why sir,
the contest was not instituted by Mr.. Tibbs.
1t was raised by the officers who compared
the polls OF said election. They sent up a
contest upon the very face ofther certificate;
intimating to this body that they were not
satisfied as to which OF the CONTESTANTS were
elected-sending special crtiflcates-giving
each of them special certificates, implying
upon their very faces an irregularity in the
election. ~ ,sttEs
When they both came here with creden-
tials of equal dignity, " hich fact itself made
1t the duty OF this Senate to have decided the
claims OF those gentlemen. without necesar-
ly awaiting the institution of formal and
voluntary contest upon the part of either of
them, what an important and solemn duty
deSolved upon u.s. duty which we owed
not only the contending parties for the seat,
uut W suc people Vi tue OH senatorial DIS
Understanding for a time the care and con-
troll OF the sovereignty and representative
rights OF the said district, by law suspended
IN our hands Tor adjustment A duty of high
Importance 10 ourselves, because it involved
the consideration OF grave and important
question oI constitutiOnality; and therefore
addressing itself to our con- ciences involved
the very oath of Office which was scarcely
dry upon our lips. And yet what slight and
passing consideration was given to that great
ana solemn duty. 10y this Senate Scarcely
had The certificates been read until resolu-
ton Was introduced to admit Mr. Minnis TO
the seat. The Opposition Senators remon-
stral,d against the admission of either con-
iestant TO the seat, without Il full examIna-
ton of facts and the laws governing the case:
but II was soon manifest that the party in
power were determined to admit Mr. Minis
The Opposition then asked that the admis-
sion OF Mr.. MINIS be suspended long enough
for the members at least to inform them
selves as 10 their duty under their oath and
the Constitution, in order that no error might
be committed in the preliminary steps of The
case. But despite the earnest appeals and
exposltions in behalf of deliberate action
ana discussion Tor the purpose of arriving at
a true sense OF our duty, we were cut off IN
der the imperative mandate of the previous
question, and forced to vote without the
benefit of Demonstrations rejection
without deliberation, and without confirmed
opinions as TO the true issues of the contest.
l am glad, however, that Il subsequent and
mature Investigation of the ease confirms me
in the consciousness Of the recttude of my
course, and that of the entire opposition.
even in the very outset of the case. But the
Senator from Shelby (Mr. Payne justilies the
hasty and Immediate induction of Mr. MINIS
To the seat, upon the idea that it was OF great
Importance to the people of the 9Th Scna
total District, that they should be repre-
sented by some body at least until the con-
test could be decided. The Senator, pre-
sumo, forgot that those people ought not to
be imposed upon by the membership of any
one but their true Senator-that we ought
not, by arbitrary means, to have imposed upon
them the services of q man whom they bad
probably OBSERVATION-DISCLOSURES whose policy
OF legislation they had decided as detrimen-
tai o their interest. That it should not have
been our province to have inflicted all this
upon them, under the prrtense of friendship
| and respect for their rights and interests
and thus disregard the real rights and immu-
| mites oil an elective sovereignty. For it
| was Ju-t as important to those people that
they should have been guarded and protect
ed against the Interpretations o! one who
was not their choice. that they should
Ia We the repres" NATIVE services of their
choice. That the seat should have been held
vacant until the contest was decided il SO
consistent with good sense and with the best
authorities and precedents upon the subject.
need not go into either an elaborate argu-
ment on The one hand or details Of reference
on the other, decming it, as do, sufficient TO
give simply one quotation of authority which
most clearly settles the principle and prac-
llce III such cases. BY reference 10 page 80
OF Cushings's Law and Practice of Lrgisla-
tive Assemblies. the following will be found,
to-wit: :" Where adverse claimants are re-
turned neither can sit until his right is de-
termined, any more than any one claimant
can sit without any return"
In England the case of double returns is
not ut all uncommon. and AN order is always
passed in the House of Commons at the com
rnencemcnt of the session, prohibiting per
sons so returned from sitting or voting until
the que ton of their election has been deter
mined. In this country, for reasons already
| stated, double returns are frequent. When
ever they do happen none Of the persons so
| returned ought TO presume to take any part
| ia the proceeding unit their conflicting
claims can be considered and decided
Now, can Senators listen to- the reading of
| this authority without feeling conscious of
tie commission Of a wrong in the very first
| steps they have taken in the easel II il
clearly obvious that ridiculous hlunder has
already been commit ted that n radical in
novation has been made upon the settled
practice OF legislative assemblies-and to a
considerable extent a violation of the great
fundamental principles of representative gov
ernmcni has been perpetrat, by the domin
ant party of this Senate But | will not
dwell in animadyersion apon the blunders
| and egregious errors committed in the outset
by the Democratic Senators, for it would
only sting The condolences of Senators by
holding them TO account in moments OF
better and more mature deliberation for sins
committed in the haste OF impulse and indis-
erection. Nor should have alluded To those
things hut for the nnrUaSs4' ~ ahss~i"s that
there has been q settled determination upon
the part of the dominant party to sustain Mr..
MINIS even ut violation of all rules OF
courtesy; and, therefore, any discussion OF