The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-01-13

and striking manner, and showed up the
Auditor Colly as violator, not only Of his
oath as Auditor, but as inspector of election
at Chat6eld, where the frauds were alleged
to have been committed. His points were
listened to with attention, and if the whole
matter had not been predetermined would
have convinced the whole Senate Of their
truth.
Mr.. HALL gave notice that he should
offer substitute to the resolutions of the
majority. He raised point of order that
the predecessor of the President in receiving
the certificates of Messrs. Bryant and O'Fer
rail-, acted in accordance with law, and that
therefore the resolution of the majority report
was out of order.
The President decided the point of order
not we'll taken-and here as usual, there
occurred long debate on parliamentary
law, in which several members participa-
ted.
Mr.. HALL then offered his resolutions.
Mr.. GALLOWAY said that be should
be obliged to vote against his political
friends. That question of right must rise
above all political associations. He would
not GUST the sitting members without trial.
Undisputed possession constituted the high.
est prima .facie evidence of right to seats.
The sitting members had introduced bills
on leave, and no objection had been made,
and that they bad sat in the Senate in uu-
disputed possession of their seats No
objections to these men had ever been made.
The Lieutenant Governor in deciding upon
that O'Ferrall and Bryant had rights to
seats, he was not amenable to the Senate,
because there was no Senate then. One
month having elapsed without objection,
gave them strong prima facie evidence of
rights.
Mr.. ANDREWS said it was admitted
that the returns gave Messrs. O'Ferrall and
Bryant their seats. The report of the ma
jority was based on the presumption of
fraud, but there had been no proof of fraud.
He hoped Senators would not act on mere
presumption of fraud. The charges should
be proved before action was taken. Why
have not steps been taken to prove fraud ?
This was indirect way of doing that which
they could not do directly. Judge Wilson
said that there was no fraud proved, and
his ability and integrity had not been Ques-
toned. There was an endeavOr in the ma.
jority repor; to throw discredit on the Ger
ti6cates of Bryant and O'Ferrall, merely
because the Supreme Court had something
to do with it. The Auditor had no right
to throw out the vote of Chatfeld. He
appealed to the candor of Senators to de-.
eide this matter upon its merits, and in
justice.
The question was then called on Mr..
Halls substitute, which was that Messrs.
O'Ferrall and Bryant bad prin,a fac,e evi.
dence of seats in the Senate. The resOlu-
tion was lost.
Mr.. COWAN moved a call of the
Senate.
Mr.. HODGES moved that further pro-
ceediugs under the call be suspended. Lost.
Mr.. M'LAREN moved the previous
question.
Mr.. COWAN moved to refer to the
Committee on the judiciary. Lost.
The main question being ordered, which
was on the passage of the resolution of the
majority report, and the yeas and nays
being called for and ordered, there were
yeas l8, nays IL, as follows:
YEAs--Averill, F. E. Baldwin, Bartholomew
Bishop, Cook, Evans, Frost, Heaton, Hodges,
Kennedy, King, McKusck, McClaren, Rogers,
Stannard, Stewart, Watson, Winn-18.
NAYs-Adams, Andrews, Clarke, Cowan,
Cruttenden, Galloway, Hall, Nelson, Norris,
Petit, Stevens, Taylor-l2.
So the resolution was adopted.
Mr.. HEATON moved that Messrs.
Holly and Wells be now sworn in.
The Chair said the motion was unneces-
sary.
Messrs. Holly and Wells were then sworn
in by the President.
Mr.. COWAN moved that a committee
of five be appointed by the chair to in
quire into and report who are the actual
members elect from Fillmore county, and
to report within one week if practicable.
Adopted.
The Senate then adjourned.