as indicated by the facts established in the certificates. This result was arrived at by the Board, by assuming and exercising the power of declaring the soldiers' votes null and void, upon the ground of the unconstitutionality of the act permitting soldiers in the field to exercise the right of suffrage. This assumption of power to overrule the action of the Legislature, was, in the opinion of your committee, presumptuous, unwarranted by law or custom, and of pernicious example, if not will. fully corrupt.

There is no pretence that the Board placed their decision upon any other ground than the unconstitutionality of the law referred to. Your committee cannot themselves, nor can they advise your honorable body, to sanction this outrage of the laws, and of the rights of the defenders of their country.

They have, therefore, directed their chairman to report the following resolution, and recommend its passage, and ask to be discharged from the further consideration of the same:

Resolved, That James Bayley is entitled to a seat in this House, as Representative from the First District of Oakland County.

B. M. WILLIAMS, Chairman.

Report accepted, and leave granted the minority of the committee to report.

The minority of the select committee submitted the following report:

The undersigned, members of the special committee appointed by your honorable body to report upon the case of the contested seat in the first representative district of the county of Oakland, have the honor to report, that the certificate of election held by each of the gentlemen claiming the seat, is identical in date, in the signature, in the number of votes, and in the declaration of election, but differ in the name of the per son declared elected; that the clerk of said county appeared before the committee, and stated that the board of canvassers of said district declared Mr. McDonald elected; that he gave Mr. McDonald the certificate, in accordance with said declara

tion, and that he gave the certificate to Mr. Bailey upon the advice of the prosecuting attorney, of the county. It did not appear to the committee that the soldiers' vote was ever brought to the attention of the canvassers, and Mr. McDonald, through his attorney, proposed to show that said vote was never presented to or considered by said board, and that the board were ignorant that any such vote existed.

With the soldiers' vote, as set forth in the certificate, Mr. Bayley has eight majority; without, Mr. McDonald is elected. Mr. McDonald also proposed to show:

First. That the certificate held by Mr. Bayley was fraudulently executed-being without authority of the board of can

vassers.

Second. That the names of persons comprising the soldiers' vote in said district, and who voted for Mr. Bayley, contains a sufficient number who were not voters in the district to give Mr. McDonald a majority, even if the legal soldiers' vote is received.

Under these circumstances, the undersigned deem it their duty to recommend to the House, that authority be given to the committee to send for persons and papers to investigate the truth of these propositions of Mr. McDonald. While they would regret to keep either of the gentlemen, claimants, out of the seat a single hour, they feel that the dignity of the House can only be preserved by scrupulous care in the investigation of cases like this. Indeed, in no respect is the purity of the elective franchise of more importance than in its relations to the legis lative body, and we who hold our seats by the votes of the people, should see to it that the people are never misrepresented.

The undersigned are also of the opinion that the law authorizing soldiers to vote, outside the limits of the State, or away from their actual legal residence, is in conflict with the provisions of the Constitution. They are informed that this subject is now before the Supreme Court of the State for decision, and

that it would be better, in view of the importance of the question involved, to await the decision of that court, before determining this case.

The undersigned, therefore, propose the following resolution, viz:

Resolved, That the special committee on the contested seat from the first representative district of Oakland county, be and hereby are authorized and directed to send for such persons and papers as may be necessary to determine the truth of the averments made by either of the parties contestant.

On motion of Mr. Woodman,

J. LOGAN CHIPMAN,

E. G. MORTON.

The report was accepted and the committee discharged. Mr. Wells moved that the majority and minority reports of the committee be referred to the committee on elections, when appointed, with power to send for persons and papers.

Mr. Hazen moved to lay the motion on the table;

Which motion was withdrawn.

Mr. M. D. Howard demanded the yeas and nays;

The demand was seconded.

Mr. Hazen demanded the previous question;

The demand was seconded, and the main question ordered.

The question being upon the motion of Mr. Wells, the motion did not prevail, by yeas and nays, as follows:

Pending the announcement of the vote,

Mr. Woodman moved that Mr. M. D. Howard be excused

from voting;

Which motion did not prevail.

Mr. M. D. Howard then voted as recorded above.

Mr. M. D. Howard moved that Mr. Maxwell be excused from

voting;

Which motion did not prevail.

Mr. Maxwell then voted as recorded above.

The question recurring upon the adoption of the resolution accompanying the report of the majority of the committee, Mr. Woodman demanded the yeas and nays;

The demand was seconded, and the resolution was adopted, by yeas and nays, as follows:

Mr. Warner moved that Mr. James Bayley be invited to come

forward and take and subscribe the oath, and be admitted to a seat as a member of this House;

Which was agreed to.

Mr. James Bayley then came forward, and after having subscribed and sworn to the constitutional oath, took his seat as a member of the Legislature of Michigan.

MESSAGE FROM THE SENATE.

The Speaker announced the following:

SENATE CHAMBER,
Lansing, January 6, 1865.

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To the Speaker of the House of Representatives:

SIR-I am instructed by the Senate to transmit to the House

the following concurrent resolution: