Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-08
The Certificate of Mr.. Minnis, and th'
Action of the SeRate.

Action of the Scnate.
The Banner has succeeded in getting itself COM
Pletely befogged. as usual on the subject of the
contested seat between Messrs. MINIS and TIBBs. It
has ventured into the labyrinth of legal argu-
ment, and has lost itself in its mazes. If any have
been bold foolish enough to follow the Banner in
its wanderngs, We viii furnish clue to guide them
back to the light.
The Bonner starts wrong in assuming that the
certificates of Messrs MINIS and TBBs are in the
same form The Sherias of the several counties
composing the Eighth Senatorial District assembled
at the time and place prescribed by law, and certi-
fed, in clear and explicit language that in those
counties Mr.. MINIS had received a majority of
eighteen votes. The law requires no particular
form Of words in election certificate. The one
presented by Mr.. MINIS contains clear and intelli-
gible statement Of the only fact material in such
eases, viz: That he received majority of the votes
pOlled in his district for Senator. That fact being
established, it would have been mere quibble to
deny him his seat because the certificate does not
state that he was elected Senator.
The paper held by Mr.. TIBBs is not certificate Of
his election, in any It is a mere informal
statement signed by the Sheriff of Hamilton county,
with qualified endorsement from some of the
Sheriff. and Deputy Sherifs of the district giving
the details of the in of the civil districts
of Sequatchie county. The existence of this paper
does not affect the validity Of Mr.. MINIS certificate
at ALL and could not be considered by the Senate in
the character Of an official document 1t was no;
signed by the Sherifs of the various counties as
sembed together for the purpose of comparing thu
votes, it prepared at the time and place Of
their meeting, required by law The facts il
contains may be properly considered by the Senate
when reported to that body by the committee ap
pointed to investigate the case 1t was not the duty
Of the Senate 60 into the evidence in deciding the
question whether member should take his seat on
1he presentation Of his certificate.
The Banner confuses itself and its readers with
some musty and very irrelevant law learning about
double returns" In this there is nothing OF
that sort. There is no conflict as to the number OF
votes which each Of the candidates received The
only question is with regard to the legality of the
votes and that is the question which the committee
will proceed investigate and the Senate to decide
But it is proper that the District should remain
Enrepresened until the investigation Closes for the
contestant might, as suggested in previous ar
1iee, continue to present new proof and open new
issues until the end of the session thus deprYng the
District of its representation
The course always pursued in legislative bodies
Is to admit the member bearing the certificate of
election. If the contestant has any proof to show
that illegal votes have been polled- any other
facts mpairing the validity of the election, a com
mittee must be appointed, as in this case, and
the subject held over for more deliberate cen
sideration and action. This is the course which
the BH.Her itself suggested should be pursued in
case Mr.. EmEEmGEs election was contested. Our
contemporary insisted that he could take the scat and
even be elected Speaker of the House. reserving
the question Of the legality of his election for subsc-
quent investigation. But privilege which il claims
for Black Republican Congress and insists on as a
righteous act is denounced as most unrighteous par
1isan, arbitrary and unjust when exercised by a
Democratic Senate. Such is party spirit.
Below we publish Mr.. MINIS certificate and the
paper presented by Mr. TBRs.
We the Undersigned sherGs counties Bradley Haml
son Bodsoe uache and Marion in the State Of Ten
ese do certify that day August 1859
in county of hamilton met aud compared the OF said
5e composed sud countes, and for said Office hnd
John A. MINIS Of Hamilton coun received for said once
three thousand hundred and seventy wit:
In Brady thousand and fifteen votes; in Hamilton,
thousand twen5s Rhea, four hundred and forty
n BedsOe three hundred and forty ave- IN Marion hre hun
ninety aud in sequste, hundred and hfyhVe
hlilaSl oi
in Bradley county, hundred add ninety four in HartOn
eleven Rhes three hundred md thirty three
votes Bedsoe hundred and eighty in Marion, four
hundred sxynne and in sequaehe, one hondrd aud
seventy four From which that said John A.
inns received majority of eighteen votes and We certify that
appears from the various reports and
here pro1uced by the Sherf Of said counties Said
held the 4h day Of August 1852 And 1t
pears the OF the Sheriff Of Sequatcae county that
IN district Of said county, A. Minis received fifteen
votes anaIn eighth OF said oJunty be received TWEEN
that W H. Tbbs received votes in either Of said
districts J. H. KUHN, Sheriff Of Bradley,
J. @. CoNNKR, Sheriff Of Hamilton,
s. A. RosERs Sheriff Of Marion.
A. A.. SMITH, Sheriff Of Bledsoe,
ByJ N. THoNAs, Dept. Sheriff,
J. NJ CALDWELL. sheriff,
By J. II. CUNNrNGHAN, Dept. Sheriff.
WN RANKIN, Sheriff.
BY NJ. NJ. PHKIFs Dept Sheriff.