The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-01-20

have questioned the poscer of the courtlto
have issued peremptory mandamus, on the
information given, to compel the issuance of
certificates. But further, the court allowed
the officer to come in and show cause why
the mandamus should not issue and the
answer returned admits the whole case as
alleged in the application. Hence a man.
damus issued, and certificates to the Demo.
cratic members were accordingly given.
Such had been the proceedings up to the
time of the assembling of the Senate, when
Lieut.. Gov. HoLcoMBE properly ruled that
the certificates issued under the authority OF
the court were of higher character than
the bogus certificates illegally issued by the
Auditor.
But mark how ingeniousy the Senate,
with a show of fairness, ousted the sitting
members. AS soon as the. Republican
President was in the chair, resolution was
adopted for committee to enquire and re-
port upon the rights of the Fillmore. county
Senators to seats, under the contradictory
certificates ard because the statutes allow
that such certificates may be prima facie
evidence of election, the Republicans ignor.
ing all further evidence OF election, and con-
iining their investigation to the certificates
alone, solemnly declared that the Supreme
Court had erred-that the Auditor was ir-
responsible and sovereign-that the poll
books and returns were not in any sense
prima fdcie evidence of election-and that
certificates, false upon their face, and i'm
peached before the Senate by the very re.
turns to Which they related, must be received
as the sole and exclusive evidence.
As curious historical fact, characteristic
of Republican wisdom, fairness, and moder-
alton, we record that BRYANT and O'FAR.
RELL were then turned out, and WELLS and
HOLLY were then turned in. But through
the magnanimity of the Republican majority,
OFARRELL and BRYANT were permitted to
contest. To contest, to controvert, to dis
pute, to call in question-what? Why, of
course, the "prinaa facie certificates 4" of
HOLLY aud WELLS. Already this had been
done. Not even the rabid HEAToN pretend
ed to say that these certificates were based
upon I" all returns made to the Auditor
but fraud is alleged and HOLLY and WELLS
are to hold their seats 81 on suspicion" until
HOLLY and WELLS can impeach the re-
turns
God grant that no Democratic body may
ever retaliate in like manner, or point to this
outrageous case as precedent, in any sense.
The last act closes the farce, and already
we foresee the denouement. The testimony
of one hundred and twenty witnesses must
be taken in Fillmore county to sustain the
sitting members. The record must be i'm
peached for HOLLY and WELLS, and HOLLY
and WELLS hold their seats until 1t is am
peached, and are entih ed to their seats, If it
is impeached ! In the mean time motion
to instruct the committee to report finally,
within twenty days, is voted down, and forty
days of the session are already past. To DR..
GALLOWAY, of Olmstead, who nobly resist.
ed this heinous inroad upon the omnipotence
of the ballot box, the thanks of every lover
of his country is due; and we must trust
in charity that partisan, bigotry so blinded
the rest, that they were unconscious of the
outrage thew were perpetr ating-exceptin
only poor BALDWIN, of Scott, whose course
we have already noticed.