The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-14


and subsequently be turned out 1t is only from the
necessity OF the that different rule has prevailed
presume every one vii assent 70 the proposition at once
Senate it would be better always dispose Of question
OF this character before the applicant is In for it il
improper assuredly that any individual not entitled 70
seat should occupy and participate in the proceedings Of
I tie body
L there any object in referring the present the
Judiciary Committee Would the honorable chairman Of
that committee shed any light upon t2 1t happens
that have recently had before involving prn
cples decisive Of this That before ttat commit
tee the Senate have acted upon IL and the whole body Is
familiar with the facts and with the action take ii there
Is 10 dispute about the facts in this propose
outon or intend to DO that the presenting bis
credentials Is not entitled to seat and think are
well prepared 10 pass upon that resolution to-day as al
any other time there is any dispute about the facts
II the senator from Indiana Mr. BH1eHT shal show that
is necessary refer the matter committee ascertain
what the facts are the viii then presenta different
pect but do not understand that there any such dis
pute and viii proceed To state briefly as can what
understand TO be the facts.
wiz state in the outset that the Legislature Of the State
of Indiana consists Of fifty and hundred rep
States Of the Union il Is provided by their constitution
that
"The legislative authority of the State shall be vested
assembly which shall consist of senate and house
| Of Representatives"
The eleventh section of the fourth article Of the Indiana
constitution declares that -
"TwO-thrds of each shah constitute quorum do
business"
Section twenty-five of the same article declares that
GA majority of all members elected each house
shall be necessary TO pass every bill joint resolution
1t requires two-hrds house To be present do
business and then twohirds being present. majority OF
ths twothrds cannot pass any resolution or bill but in
order 10 pass resolution bill, majority Of all the
members elected TO each house must vote for it
The constitution further provides read in the
proceedings of the of Indiana that the election
turns for governor and lieutenant governor shall be trans
ed TO the speaker Of the house of representatives, and
that the speaker shall and canvass the votes in the
presence of the general assembly This seems done
the 18th day of January in the presence of the house
and portion Of the senate The House had passed
oution inviting the senate to meet them for this purpose
but before the acted upon that resolution the
fixed by had arrived it appears that the presiding
officer Of the left his seat and with minority Of
the senate proceeded to the house of representatives and
arriving there what had he TO do? Was he to preside
Not at all but the spea- Z the house proceeded then to
vass the votes Tor and Lieutenant governor.
IL. The eanvassug over. til utenant governor or
governor elect called the OF the minority TO
the chair and that SENATOR without any vote being put
motion made declared the joint convention adjourned to
the second day of February.
The senatP hearing what had been done subsequently,
passed the preamble and the resolution which have been
read in your hearing, dsaFowing and repudatng in ad
any aha a. o gea e o ot
convention, wholly denying ts authority do any act
and declaring that such meeting would be Illegal and
constitutional fraud upon ths sovereignty Of the people
of Indiana, and they protest against it
When the second day Of February arrived the heuten
governor who then different individual from the
governor who by law the presiding officer Of the
senategoes through with this matter again and in
order to bring clearly before the Senate what was done
win read from the indianapolis Daily Sentinel the editor
Of which Is the official printer of the State of Indiana what
done in the senate that day part Of my remarks
While report being read by the secretary Of the
senate
eore dposng Of the report the president arose and
the senate that the joint convention of the
~ votes m and f1
adjourned to this day. at two o'clock 10 meet again
ing arrived the senate would proceed forthwith the
hall of the house to meet that body in joint convention
suAnt TO the adjournment thereof
Tbe president proceeded hall of the house.
followed by large portion Of the members of the senate,
leaving no quorum present. asa-@a
That is true; there quorum left but more than
majority of the body remained Now let us see what was
done when the lieutenant governor arrived in the house
/ the "a Of February:
| ..a -.... MoSnAY AFTERNOON, February 2.
House called to order at two ocock-Mr. Speaker in
| the chair .
| "yoint ConVention.
"The clerk had commenced reading the journal, when
Lieutenant Governor preceding the senate made
LIZ Appe as Ine speaker, as pre-
the senator's being seated to his right
"Mr. Speaker The gentleman must address the presid
hGrove Mr. Speaker, / again move call Of the house
Blake. The gentleman of order. The two houses
are now assembled in joint convention.
Mr.. Speaker. Gentlemen mist address the presiding
siLieutsnant Governor Hammond said On the 18th Of
January in obedience to the requirements the constitu
ton the senator's and representatives met in Joint
ton in this place, and after transacng the business
hand adjourned until this day, o'clock, D. m In pur
of said Adjournment the joint was now
assembled and he declared it adjourned until Wednesday
morning, ten O'clock.
II needs Only statement of these proceedings TO show
their entire irreguarity How did the lieutenant COVER
become presiding officer of the Joint convention
There statute in Indiana shown by the protest
here providing for joint conventions in that State
which be ia preside How then, came the lieutenant
governor there presiding And If he could preside what
authority had be 10 adjourn the Joint convention of his
own mere fancy without any motion being put carried
| to that effect
i Il at this adjourned meeting to Wednesday that
the person whose credentials presented here s said to
have been elected New, what took place on that day
The proceedings set forth in the protest of the mem
bers Of the house but to make the matter little more
clear refer 70 the rePort as published in the State paper
II ain the senate, Wednesday, February a. 1857:
Mr. Heen proceeded discuss the question of order
dHriag which the president and
ate that the Joint convention which the 18th Jan
nary last having adjourned to meet again in the hall of
O'clock p and having, the said ID day Of Eehraary
adjourned TO meet again In the hall OF the house. to-day
I6ocisck, and that hour having arrived, the
senate would proceed the hall OF the house.
pose OF eleeting two United States senator's.
The president then repaired to the representatives hail.
4 accom- panied BY senator's"
On their arrival in the hall Of the house. the following
proceedings took place:
"Mr. Speaker. The gentleman win suspend bis remarks.
\ The hour for Joint convention has arrived"
Thus the speaker interrupted a gentleman who was
I speaking
aAt 10 O'clock the sanate u-casas nv tb. n-rd;ng o