Mr. DAVIS.When this subject was up before the Senate on the question of printing the testimony the position that I took was, that from information I had received I did not believe the committee were inakingafull and fair examination in relation to the condition of the southern States, whose condition they were investigating. I admit that imputation rested mainly upon a conversation I had held with Mr. Graham. I ask leave to read the corres on dence between the honorable Senator, whose remarks in relatiOn to his sense of the duty that he is to perform on this investigation we have just heard, and Mr. Graham, in justice to Mr. Graham. Here is Mr. Grahams letter: HILLSBOBOUGK, non-rn CAiiousA. January 17, 1866, Sin: Observing that you are 1stnnmedin theSen atesbranch of the committee upon the admission into Congressof membersfrom the southern States, and having forwarded to the lresident of the Senate, to he laid beforethat body. my commission as a Senfrom NCarolina; perceiving, also. that the committeehas beenauthorized to take evidence in the matters submitted to it by sending for persons and papers. I take the liberty of respectfully suggesting through you to the committeethat it will b. but Justice, in the conduct of its proceedings in the gremise s.to permit the delegatiop elected from each to tuatcchtiongbseuperhe Ssteantte aotrtahneyreocfeiptstimonemofbaelrls.0WVi tlhtltehlel06 Huricviinleg gceooufactreorsesv cidxeanmcienijfnt wcyitsnheaslsl edseaenmd itopfrionptrcor and for myself and mycolleagucalwith deference requestthe exerciseof this privilege in relation to all evidence having referenceto the State of NCarolina or any of or memberselect I am, with the highest respect, our obedient servant, i. A. GRAHAM. Hon. WILLIAM P. Fsssssnss, Senate U.S. It. does not occur to me that there was anything improper in the request made by Mr. Graham in this letter. If no Senator or Representative from these 11 excluded States had come up to Congress at the present session asking to be admitted into the respective Houses, this proceeding would not have been instituted. It is in substance a proceeding to determine whether it is proper to admit or to exclude these gentlemen that claim to he representatives in the 2 Houses from those States. It is so treated by liar. Graham, and it will be so treated by the common sense of the country. Now, sir, in an issue of that kind, when a matter is to be decided in relation to each of the members who claim seats, and concerning Mr. Graham particularl, whether he shall be received as a Senator elect from the State of NCarolina to this body or not. when that question is undergoing agizasi judicial investigation by a committee of the 2 Houses of Congress, what would seem to be more obviously properthan that the gentlemen concerned in that investigation should know that the committee were sitting upon the subject and that they should have the privilege of being present during the whole investigation, of hearingevidence thatmight beadducedagainstthem, of cross. exnminiu the witnesses, and if they deemed proper, o introducing other witnesses to explain or to contradict what might be proven against them. The honorable Senfrom i aine replied in a very courteous letter, to the terms and manner of which I make no complaint. Mr. Graham added to his 1st letter this sentence: "My residence here is within 24 hours journey of the Capitol, and I will attcu thereMany time on notice from the committee." That was in substance and fact simply an inquiry whether he and the gentlemen who occupied a similar position to himself in relation to seats in the 2 Houses, would be permitted to be present upon the investigation of a matter in relation to their respective States, to hear the evidence against them, to cross examinc witnesses, and if they thought proper to introduce counter testimony. The reply of the honorable Senator is in these words: WAsnmoros. January 24.1866. DEAR SIB: It is not customaryto allow a cross examination of witnesses before a committee a pointed to report on a subject not involving in i viduals. The committee is supposedto be desirous to ascertain the truth, and capable of making all the examination necessary. The committee is quite willing. however. to examineany witnesseswho may beproduced, having a knowledge of the subJect mutter.to any reason le extent. The credentialsof gentlemenclaiming to be senators have not been referredto this committee and there is no probability that they will be. Yours, very respectfully, W. P. FESSENDEN. Hon. W.A. GRAHAM.