The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-16

reported back to the Senate with recon-.
mendation that it be engrossed for q third
reading and passed. The amendments pro-
posed in Committee of the Whole were then
adopted by the Senate. The bill wss SUBJ
sequently engrossed, read third time,
and passed.
RESOLUTIONS.
By Mr.. KING, of Winona That all
bills, memorials, &C., introduced in the Sen
ate shall be referred to committees and
reported back with recommendation of
passage before they are printed. Referred
to committee on rules.
FILLMORE CONTESTED SEATS.
Mr.. M'LAREN, of Goodhue, moved that
his resolution be taken up for the appoint
ment of Special Committee on credentials
to verify the credentials presented and report
the names of the Senators who are prima
facte members.
The CHAIR declined entertaining the
motion of Mr.. MCLAREN, viz: To inquire
into the prima facie evidence of member
ship in the Senate, on the ground that it
proposes only to enquire into the propriety
of the decisions made by the President Of
thC OChotC lISuI w uldhC WHICH, UCluS
conferred on him by law. See "Act topro-
vide for the organization of the Legislature"
dated August 2, 1858. 1t was not compe-
tent for the Senate to make such inquiry !;
if there has been injustice done by the Pres.
ldent in admitting members to seats, to the
exclusion of others more justly entitled to
the same, of which no official notice has
been given, the Senate can only enquire
into such injustice under the Sd section of
the 4th article of the Constitution, " which
provides that each house shall Judge of the
election returns, and eligibility of its own
members. Under this provision of the Con-
stitutiOn the chair will entertain any motion
to enquire into the eligibility of any of the
members of the Senate, and Of the election
returns, but not to enquire into the prima
facie evidence of membership as provided in
the act above recited, as that relates solely
to the organization of the Senate.
Mr.. M'LAREN appealed from the decs-
ion of the President, but the appeal was not
entertained by the Chair.
RULES.
MIR. HALL, from the majority of the
Committee made report, which was laid
On the table.
MIR. HEATON obtained leave to give
notice that he should introduce bill to
repeal the act in relation to banking.
FILLMORE CASE AGAIN.
Mr.. STANNARD of Chisago, obtained
leave to introduce the following preamble
and resolutions.
WHEREAS, At an election held in and for the
M nd Tot NJ
on the 18th day of October, lS49, H. w. Holley
and Abraham Wells, were duly and constitu-
tonally elected Senators to represent said
County of Fillmore in this Senate, and received
certificates of said election from the proper
officers and
Court of this State by j. F. O'Ferrall and o.
B. Bryant, who were competitors of said Ho-
ley and Wells, for said office of Senators, in
violation of the following clause in the Con-
stitution of this State ::
'Sec. 3. Each House shall be Judge of the
election returns, and eligibility of its members,
majority of each shall constitute quorum to
transact business, but smaller number may
adjourn from day to day. and compel the at.
tendance of absent members in such manner
and under such penalties as it may provide"
And
WHEREAS, Said Supreme Court did, on the
(blank) day of (blank) 1S49, usurp jurisdiction
recited clause in our Constitution, it being "the
supreme law of the land" did then order and
decree that said j. F. OFerrall and o. B. Bry-
ant were legally entitled to seats in this Senate
from said County of Fillmore, and ordered that
the Auditor of said County give certificates of
fully appear by reference to the proceedings
held in said cause. All of which actions and
doings were an act of usurpatiOn of the solemn
prer0gatiUes Of this Senate Therefore,
Resolved, That any recognition on the part
of this Senate, of this act of judicial usurpaton
would be unworthy the representatives of a
free people, and tending to destroy the Con
stitutional powers that we receive by the Con-
stltutlOn, between tn three coordinate depart
ments of the government of this State. There
fore
Resolved, That H. W. Holley and Abraham
Wells, were at said election. in October, 1859.
duly elected Senators to this body from said
county of Fillmore, as appears by their certifi-
Gates of election herewith submitted. There.
fore
RESOLVED, That said Holley and Wells now
proceed to take the oath provided by the Con-
stitution and at once enter upon the duties as
signed them as Senators from said county of
Fillmore. Provided al,oay', That said J. F..
O'Ferrall and o. B. Bryant be left to their
constitutional rights to contest before this Sem
ate any right they may have to seats therein.
The resolutions were laid over under the
rules, and the Senate refused to print them
by vote of % to 7.
Mr.. COWAN moved to reconsider so
much of the resolution as contains the re
fusal to print. Adopted.
Mr.. KING, of Winona, moved to amend
by instructing the Secretaries to procure the
printing of the resolutions.
Mr.. HALL suggested that the printing
that the Secretaries were having done might
have to be paid for twice, if the position of
the State Printer, Mr.. GOODRICH, were cor
rect.
The yeas and nays being called, the mo-
ton to authorize the Secretary to have them
printed passed by the following vote:
Yeas.-Messrs. Adams, Averill. F. E. Bald
win, j. F. Baldwin, Bartholomew, Bishop,
Cook, Evans, Frost, Galloway, Gluck, Hea-
ton, Hodges, Kennedy, King, McKusick, Nc
Laren, Rogers, Stannard, Wat on and WInn.
-2l.
Nays.-.Messrs. Andrews, Bryant, Clark, Cook,
Cruttenden, Edgerton, Hall, Mackubin, Nelson,
Norris, O'Ferrall, Pittit, Stevens, Stewart and
Taylor.-. Is.
RESOLUTIONS.
By Mr.. COOK, of Rice, that the Sergeant
at Arms provide suitable furniture for the
room of the Engrossing Clerk. Adopted.
Mr.. COOK offered resolution that a
special committee be appointed by the Presi-