Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-12-11


Petitions Memorials. sc. presented
By Mr. bowling petition from Vgo for divorce
By Mr.. Mccormick, from citizens Of TiPPecanoe
By Mr.. Mickle, from citlzens OF Steuben.
By Mr. HILL citizrns of Jennings praying that there
might be attached said county certain tract Of land
belonging to Jefferson county.
BY Mr. Riley. from citizens Of Hancock; and
BY Mr.. Mickle, from citizens of Jay county which
were appropriately referred
Reports from Standing Committees.
Mr. Mcdonald. from majority of select committee to
which was referred the proposition receive the vua
mode of voting for United States Senator, made report;
which was. on motion, laid on the table.
Sundry resolutions were introduced, which will be
found in the Tri-weely Sentinel.
Bills Introduced.
By Mr. Taber, amending the act Incorporating the
Michigan road company read twice and REFER to Sc
lect committee.
By Mr. Mooney an act to extend the time Of holding
probate in the county of Jackson read twice and
referred to judiciary committee.
Mcssrs. Rousseau and Pennington moved to amend, by
adding the counties Of Greene and Harrison, which mo-
ORDER OF THE DAY.
The Joint resolution irstructing Senators and
questng Representatives in Congress the
passage of law extending the provisions of the preemP-
ton laws the settlers the Miami Reserve passed to
third reading
Mr. Moore introduced a bill (No ii, } to reduce the
per diem allowance Of members of the General Assembly
to 81 per day after the first of August next; read
Mr. Cruikshsnk from the committee elections, asked
time until Tuesday next to make their report IN the case
Of Messrs Lsnius and Lane, Ia the contested election
from Dearborn and Ohio counties; which made the
order Of the day for this DAY.
latter debate, which will be fund in the Tri-wceky
paPerl
further consideration of the question, aud
red
On motion of Mr. vandeveer, the House then resoly-
itself the committee of the whole. Mr. Fuller IN
the chair for the consideration of the subject.
slr Secrest offered the following preamble and resou-
ton:
the General Assembly in the representative district COM
posed of the counties of Dearborn and Ohio it appears
by undsputed official returns that James ii Lane, Esq,
received 1906 votes aud that VIM Lanas received only
l44l votes And whereas, the qualifications OF mem
hers Of this House defined and unaerably fixed by
the constitution of this State, and subject to any
restrictions change by Legislative enactment. And
whereas those qualifications, far as concern residence
merely the representative shall reside within his
respective district And whereas, the Legislature has
no power to provide by law in conravention of the pro-
visions said constitution that such member shall
side any particular portion of such representative dis
trict whether composed of one countless 10
render ineligible to such office man merely because
he part of such district And whereas, it
appears BY the returns aforesaid that the said Lane, IN
said election received majority of la legal over
the said Lanius. Therefore,
Reso1ed That the said James IL Lane is entitled and
be admitted seat this House, member thereof 10
the exclusion OF said VIM. Lanius.
AFTERSooS SESSION.
The House then again resolved itself into committee
the whole the contested election case, Mr. Fuller
in the chair.
Mr. Rousseau read the clause OF the constitution reat-
ing qualification OF members show that that
required other qualification, to residence than
that the member ''sha reside within the limits Of the
county, and that consequently no new prerequisites of
qualification, such residing in particular portion of
county, be legally and cOnstltulonay suPeradded
by the Legislature whilst acting under its provisions
NJ r Ofed Ind Story he
law bearing the properly construed by him
and eontended that the Legislature haduSt much right
TO saw that should be elected unless he weighed
200 lbs of a certain height lived partcu
lar farm or possessed some other arbitrary personal char
acterstic- The principle he continued was perfectly
every thing like republican aud representative govern
ment The Legislature had right interfere with
apporonment law established, except in the man
ne and at the stated periods named in the constitution
The principle conended for by him was, that II men,
duly elected possessed all the qualifications required
by the constitution prerequisites to eligibility, the Lee
gsatUre cannot add to those prerequisites by any arb-
> Mr. Porter maintained that where the Legislature was
not prohibited by the Constitution in express terms
from doing act necessary ard proper to he DONE
must of necessity, possess the power There was great
difference in constituting language the negative and
language in the affirmative where found in the Constu
tion Although he had great respect for the opinions Of
Judge Story should be borne in mind that in the pas
saees quoted, he cites to authority and refers to no
Constitution does take away power that power must
of necessity exist in the Legislature and Mr. therefore
commended that the Legislature had perfect right pass
the erecting portion Of Dearborn into county,
and making provision that of the members which
the old county entitled, should reside within the
limits of the county created out of portion of its
territory Besides, the circumstance Of all tie Depart
ments of our Government in the consttuonaity of the
law should admonish be cautious how declare
law passed under such sanctions illegal nulliy. Mr.
p spoke length and fortified has views by referring to
legal authorities.
Mr. Carr addressed the House at length. lie assumed
the position that, the constitution does prohibit
changing representative districts and that the
law Of io44 should govern in this He cohtended
that to count the vote given 10 Mr.Lane in Dearborn
county against the for Mr. Lanus in Ohio
ty, fraud upon the constituents OF the latter gentle
man.
Mr. Cox also spoke at much length, and commended
that if Mr. Lane entitled a vote in the county of
Dearborn at the August election, (Which doubt
ed n followed as an adsputabe fact that he must of
necessity, been qualified to represent its citizens in
the Legislature.
Mr. Osborne desired to call the attention Of the COM
principle, which is this that our constitu
fian defines what may do, but not W hat may
All constitutions with which he acquainted, Except
that Massachusetts, limitations of the power, to
exercised under them by the representatives, of the
people. lie c0nended that the people had the right 10
alter and amend their constitution of government when
ever they may think proper, Notwithstanding the Opin
ions advanced, the contrary, in this debate. Mr.. o.
sad al legislative authority was, by the LIST section Of the
Sd article the Consttuton vested in the General As
seby remaining sections limitations of that
payyer He then compared aud quoted the difference in
H. nraseology Of sections 2 and in relation Re-
nressntatives .ssever raj countess" and seouny," and
Teach county; with sections D, and q where, speak
ag Of Senator'S il says 'eonntes districts He re-
frred TO the 5t and 9th Of BlackfOrd, and to other
~;.,es 10 show unless the unconstituoDalIty OF
- he 81 obs,Ou< admit Of no doubt, then II
s,tona Nr q. ridculed the idea OF strictly literal
construction Of the consIiutlona provision under con-