Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-02-14
GBs aaiIp Spp.
SATURDAY, FEBRUARY IA, 1857.
rae indiana senaaoriaI Election.


Indiana, in the face of the protests from that
State and the open fraud aud violation of the
Constitution and all precedent, which was per
petrsted in his election The circumstances OF
the case sre as follows ;--United States senators
are chosen in Indiana by joint convention OF 'he
two houses Of the Legislature aud not, as in Mas
saebasetts. by concurrent, but separate vote. Two
wears 400. when the term OF John Petit, a Dem
oe,st vas about to expire, the Republicans had a
majority in the House of Representatives, the
Democrats majority in the State Senate. On
Joint ballot, in joint convention, the Republicans
had majority, and if a convention had been had
would have.elected Republican TO take the place
Of Mr.. Petit. The Democrats Senate refused to
60 into convention, and thus vacancy occurred
which still exists. This year similar state OF
things has required, with the single difference that
the Senate is now Republican and the House
Democratic. Following the example of the DEM
ocrats two years ago. and just;fying themselves by
the same arguments, the Senate now refuses to go
into Joint convention for the election of United
States Senator.
But 10 spite Of the refusal Of the Senate to act
in the matter. the Democrats Of the Legislature
announced that convention would be held at 10
A. NJ, on the 4th inst AT that hour the Lieut..
Governor, who is az c6fcio President OF the Sen
ate, and is Democrat, left the chair and went to
the Hall of the House, followed by the Democrat
ic members Of the Senate. Arrived there, the
pretended convention was held. though neither a
quorum ofthe Senate nor of the House was pres
ent, and two United States Senators were chosen,
Graham n Fitch for the short term, ending
in 1861, and Jesse D, Bright for the term of
six yesrs from the fourth of March next.
While these extraordinary proceedings were
goingson in the Hall Of the House of Represent
atives, the State Senate. having elected Presi-
dent pro TEN, continued in session as usual,
transaeting business, and finally adjourEing in
dusform. The next day, by a majority of seven,
it adopted protest against the Convention, in
which it declares that such convention
legally known to the Senate, and that nc action
to which the Senate has ever been party, had
been had for the organization of the so-called
joint convention 1t pronounces the convention
a sham, an illegal, fraudulent and disgraceful
attempt at an election for two United States SEN
ators." and "on behalf Of the people and sover-
eighty Of the State, iuvokes the indignation and
judgment Of all men, whether in authority or as
citizen subjects, upon any and all such elections,
as Unconstitutional, revolutionary, and void"
and directed the Secretary of the Senate to trans
init Immediately two copies Of this protest to the
United States Senate, for its information and
instruction
Nota single Democratic paper at the West pre-
tends to justify this election wecannot see how
1t canbe yeVed BY any one in any other light,
than as char6cterizedby the protest of the Senate
of the State as illegal, fraudulent, and dis
graceful" The St. Louis Leader, a prominent
administration journal, has this clear view Of the
matter: .saU asee 81 80
1.-The Constitution of the United States pro-
vides that the Senators Of each State shall be
'chOsen-by the Legislature thereof Now, the
Legislature of a State means, Of couIse, both
Houses, since in allthe States of the Union the
Legislature is composed of two Houses. Wheth
er both HOusesaof the Legislature sh all meet to-
gether and vote per capita for Senator's or wheth-
each House shalt vote separately. is left to the
local laws of the States. In some they adopt the
former plan, as in Indiana in others the latter,
as in Massachusetts. But whichever rule is fol,
loved il is clear that the Constitution Of the
United States contemplate that both Houses
shall be present in their legislative capacity.
Ira Senate is required to make Legislature,
tnen convention without the presence, or in dl-
rect opposition TO the wishes OF the Senate is
not Ia convention OF the legislature OF the
State, within the meaning of the Constitution of
the United States. The convention is a mere
creature of the two Houses of the Legislature. TO
which is delegated the power to act for both, and
its acts are the acts of both Houses in their leg
islatye capacity II, then, the Indiana Conven-
ton did not meet with the concurrence of the
Senate as we'll as the House of Representatives,
it was not joint convention, and the Senate can.
notbe bound by its acts. The Legislature of
Indiana, therefore, has not chosen the Senators,
and consequently their election must be invalid"
We do not see how it is possible to reject the
reasoning and conclusions above quoted II The
Senate of the United States shall sanction,
through its Judiciary Committee, to whom the
whole subject has been referred, this action of the
Democrats Of the Indiana Legislature, Congress
will have become resolved into being the mere
tool q political intriguers and swindlers. But,
whatever may be the action Of the Senate, it is
feared that the Demo ratio intriguers in Indiana
have gainee their object for the Legislature of
that State adiourps on the tenth of March next,
mot TO meet again for two years and if the Uni
ted States Senate declares the seats Of Messrs.
Fitch and Bright vacant, they win doubtless be
appointed BY the Governorof Indiana to fill the
vacancies thus occasioned.
What renders the course Of the Democrats OF
the Senate in this matter especially remarkable
is its inconsistency with their action in the case
Of Mr.. Harlan Of Iowa, whom they recently un.
seated. The circumstances OF Mr. Harlan's case
weFethese "A jOiptcOnuentiOn Of the two houses
Of the Legislature Of Iowa was regularly and con
sttatiOnaly called, to electa United States sena-
tor and certain judges. chief und associate
judges were chosen. Pending the election OF an
other associate justice, the convention adjourned
to the next day at ten O'clock. On that day,
which was Saturday, the Democrats who had q
majority Of the Senate, found that an anti.admin.
istration judge was certain TO be chosen, il the
convention met al the appointed hour, and they
accordingly assembled at nine O'Clock, and ad
jOurned over to Monday At ten o'clock on Sat
urday, however, the House of Representatives and
the anti administration Senators assembled in
convention, at che regular and proper hour, and
elected Mr.. Harlan SENATOR majority OF the
sstsTe and ttal joint consehtion voting for him.
The United States Senate, with great gravity
aud punctiliouS regard for slrictness in all ees.
lative proceedings. pronounced this election lie.
gal Yetit Is clearly evident that the ilegality In
the Indiana case is incomparably greater. In the
Iowa case, the convention was regularly and con.
currently called. It met at the regular hour ap.
pointed for its assembling, and its election Of Mr.
Harlanwas the work Of clear majority In tn,
Indiana case, the whole proceedings we're glar
iugiy irregular, and Messrb. Fitch and Bright dix
81 -. = a. 1t,