Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-12-18
Gbe 1nSiana legislature
Reported for the Indiana State Sentinel.

HOUSE OF REPRESENTATIVES,.
SATURDAY, Dec. 6, lsi5.
AFTERNOON SESSION.
On motion of Mr. Vandeveer the preamble and resolution
relating TO the contested election taken up and being
read,
Mr. Hazeligg addressed the House in explanation Of his
views; and by defining the difference the
powers Of the General and State 6overnmentsthe former
being of limited and specified powers whilst the others
possess all legislative that might be exercised by the
people themselves IN their aggregate capacity unless where
expressly inhibited in the respective State Constitutions
The question before said Mr. H. turns exclusively
the cOnutiOnaty of the erecting Ohio county Of
the territory Of Dearborn and he then read from the jour-
mails to show the former action Of members of the present
House, who had seats in the House when the act dividing
Dearborn county passed and asked how gentlemen whose
he read from the journal supporters OF the bill,
could round and declare the law for which they
thus voted to be unconstitutional Mr. H. maintained that
the aggregate of the counties should be taken oge
the and not separately in asceIaning which Of the
running into extremes as one oil dangerous consequences
the best institutions when abused often nsup-
portable open and direct tyranny We should said Mr.
H. hesitate and ponder well before declaring, by acts,
that law that has received the sanction OF the Legislature
Executive and Judicial departments of Government, is
constitutional The effect Of such instability would be
destroy all confidence the laws Of the country, and
settle and render insecure vested rights and interests. He
had given the subject his best and deliberate consdera
tOn and the result that he felt bound to sustain The
of the law creating the new county of ohio
and should vote accordingly
Mr.. Rousseau was convinced uncon,tituion-
al and should so vote He was opposed to the passage Of
the original BILL with the amendment allowing separate
member Ohio county He however, favored and voted
for the BILL without the amendment This he believed,
was his position at the time the act passed
Mr. Hazergg then read from the journals and quoted the
ayes and to show that the member from Greene
Mr. ROusseaH again explained.
Mr.. Stapp followed, and said the amendment was Wing
measure last year, and he presumed the gentleman from
Greene be excused for voting for it that ground
Mr. Baker said legislative precedents test Of the
consutonalty of law and he hoped the exploded dogma
of the omnpoence of Parliament would not be revived
at this late day. in republican government lie denied
that the decision of Judge Backord quoted anao
gous and said il had bearing the If the Lega-
had said that every Judge should reside the very
tire Of his judicial ccu then indeed the would have
been perfectly analogous 1t seemed to him that the doc
trines both sides pushed One says
the constitution is bundle Of GRANTS another that it
Of limitation of Wherever the people have in the
Constitution limited the power Of the Legislature their Re-
representatives. have obey. The Legislative power fully
defined in the first article Of the Constitution Mr. B. could
not understand the position of the gentleman from HARRISON
with reference to the distinction between affirmative and
gave phases in the Constitution. We have not said Mr..
CURED by the CONSTITUTIONS and we had, the Legislature
may determine the color Of hair essential to eligibility; and
said Mr. B. in minority, in that respect (having
red hair in this assembly, may be declared ineligible TO
seat upon this floor. (LaughteT.)
Mr. Secrest addressed the House. and defined, in an nge
NOUS mlnner the various powers legislature
and the manner in which powers limited, by
Constitution Of the United States BY the limitations of the
State Constitution and by the naenabe rights of the
ple especially reerved in that instrument. Mr. s. main
tained with much ability the position formerly occupied by
him this question: and favor Of the right Mr. Lane to
the
Mr. Osborn commenced by defining the powers of the Le-
gislaure; maintaining that the members Of both Houses
acted the agents of the people, and could do for Them and
in their whatever the people themselves in their
gregae capacity might d. having regard the limitations Of
the Constitution Mr.. o. asked if to the
constitution terally-if to exercise powers
eept what expressly granted-whee get the pow
to erect representative districts Of two
ties Mr. repeated that members decide ques
ton purely in judicial capacity and should act with great
caution and circumspecon in the premises.
Mt Cookery rose to correct an error into which the gen
tleman from Boone had fallen saying the had
decided the law under consideration be constitutional
He crediby informed such the fact AS the
statement uncontTadiced, might exercise influence
in the decision of the question: he thought it proper to set
the House right with reference to it.
Mr. Leyman wished know if the candidates, in
vassng for the votes Of the people of Ohio and Dearborn
countless had raised the question before the House.
to their residence and the people voted for the purpose
Of securing the result contempatedby the law, vz the
idence Of member in Ohio and two in Dearborn county
Mr. sIeeth explaned and was followed by
Mr.. Mcdonald who INDICATED his consistency with refer
this question: both the session the law passed and
the session, and quoted from the journals for that
purpose. lie entered fully into the merits of the question,
and IN defence OF the rights OF Mr. lane to his seat
ing he dCes all the qualifications required by the cons
ntion aud laws of the land well clear and indputa
BILE majority of all the legal
Mr. Riley asked the indulgence OF the House whilst ne Of
fered few remarks and conended that the constitution
both grant and limit Of power. There great differ
powers Of convention Of the people and
that of Legislature acting under the grants and limitations
ef written constitution Of government All resides
in the people, and majority of the people voted for Mr.
Lane Mr. R. cOnene that he beyond doubt the legal
Of the people of Dearborn and Ohio counties
and voting he felt that he only carrying out into
practice the first principle of all representative governments
that the majority shall rule.
Mr. Vandeveer moved the previous question: which being
and call of House had the question
ken the preamble and resolutions and decided follows
ayes a., noes 40.
So Mr. L1nius the sitting member will continue to hold
his seat.
The House then adjourned