Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-05-08
aeF SUMMARY eF TIVE LATEST FoREcN
x'posALp's OPINION.


- an axiom Every part Of ground must
in come form or other, be necessarily Ought
over and over again by the advocates Of re-
publican institutions The most striking
Of this universal tendency to over
look the very foundations on which our POI
litcal fabric resls, is to be found in the opin-
ion Of eur Attorney General, Joseph T. Nc.
Donald, addressed 10 the Governor Of the
State. Without making any extended quo
tations from that papes We find in il clear
ayowal, that tho election OF United States
Senators may be lawfully accomplished
without the concurrence Of both branches OF
the General Assembly. In other words, the
act OF one Of the Houses, with the aid
of enough members Of the other to consti-
tnte majority Of all the members OF both,
Is the act Of the Legislature And this per
nicious hereay is formally written down by
a man who calls himself a lawyer who is
elected TO the post Of Attorney General II
is addressed to the Governor Of Indiana,
and is put into print as a justification of the
contemplate farce by which Jesse d. Bright
and Graham N. Fitch wear their Senatorial
robes and spend a salary to which they have
no titlel 49,.
Every legislative body inthis confederacy
is composed OF two branches The long
experience Of tho blessings Of such distsi
button Of power which the people of Eng
land had proved, recommended il to our
fathers We wish every voter in the State
OF Indiana would read the cd and esd pa
pers Of the Federalst, written by James
Madison, in which the great value of this
feature in our policy is enforced and illus
trated. The observations Of De Toqueville
In his Democracy in America, are so Apo
site thatwe give his language;
"Thc Amerieass plainly, did not desire
by this separation Of the legislative bod,
into two branches, to make one house herod
itary and the other elective one aristocratic
and the other democratic. 1t was not THEN
object to create in one bulwark to power
while the other represented the interests and
passions Of the people The only advanta
ges which result from Che present constitu
ton Of the United States, are the division o.
legislative power, and tho consequent check
upon political assemblies with the creation
of q tribunal Of appeal for the revision o
the laws
" Time and experience, however, have
convinced the Americans that IL these are
its only advantages, the lewiston Of legisIa
tive power is still a principle of the greatest
necessity. Pennsylvania was the only one
Of the United States which at first attempt
ed TO establish single House of Assembly
and Franklin himself was so far carried
away by the necessary consequences OF tho
principle Of the sovereignty Of the people
as TO have concurred in the measure; but
the Pennsylvanians were soon obliged tc
change the law, and TO create two Houses
Thus tho principle of the division of The
legislative power was finally established, ant
its necessity was>henceforward 10 be regard
ed as demonstrated truth.
"This theory, which was nearly unknown
to the republics of antiquig-which wa
introduced into the world almost by acct
dent, like so many other great truths-anC
misunderstood by several modern nations, il
at length become an axiom in the politica
science Of the present age
Section 3, Of Article l, of the Constitution
Of the United States provides that "th'
Senate of the United States shall be compos
ed of two Senator'S from each State, choseI
by the Legislature thereof for six years. :
1t is in this section we believe, that all tn
law upon the subject Of Senatorial election
for the guidance Of the Legislature of thi
State is TO be formed. The same constitu
ton also authorizes the State Legislature
to determine the time, place. and manner o
holding their elections; but our statute con
tains no law upon the subject 1t will no
be denied that the Legislature may cleo
Senator's without the passage Of an act, an
tecedent to the election, determining tn
time, place and mode Of the election. Blu
conceding this, it remains obvious that tn
election, TO be valid, must be an act of tn
Legislature The Legislature is composet
of two bodies. They may by separate
vote agree to hold convention of the tw'
branches, and in this convention, their &C
will be a legislative act Or they may cleo
Senators by joint resolutson adopted b.
each branch acting severally. To preten'
that any legislative act can be done other
wise than by the concurrence Of boil
branches, expressed in some way, is to sui
vert our institutions; and the successful win
dication and adoption Of such an idea wo''
be revolution in the government, provinI
that in the American Republic, paper con
stitutions are no more respected than il
Jacobin France.
These elections must be the act of leg
sla.ion, requiring the several assent Of bot
Houses as tho passage of bill If on
branch is refractory and refuses TO elect,
is precisely the same kind Of Legislative
hitch, as If one branch is refractory and re
fuses to pass an appropriation bill. It ma
be very inconyenicnt and very destressin
10 gentlemen who are ambitious TO figure a
Senators, but il is nevertheless inevitable,
the constitution be preserved. We can ap
preciate the emotions OF Mr.. Bright, VIII
himself inaugurated the policy Of stavin
off Senatorial elections, by his casting vot
as President Of the Senate. They must b
pungent when he finds his own crow
cracked by brick of his own throwing
Dr. Mcdonald may be called in to inspeC
the wound, and may, with looks Of profoun
learning, apply multitude Of plasters an
embroca atoms; but Jesse's crown is cracke
lor all, and can't be mended, unless III