Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1858-11-17
Mould the Legislature Elect q. s. Sen.
atorsf


there 10 50 much Of the interest and honor ~
the State involved in IL. that its decision. how
ever II may be. should be the result. Of careful
deliberstion. Whatever may have been said
from time 10 time. during the progress Of a
heated political canvass. should not be Der
mided 10 Influence this result, for il the Dem.
eern''c party did outrage propristy aud ipsa
yurate revolution ia the government to gain
stsmporary party triumph. that. Of itself. con
sitates no argument To justify n repetition Of
sueh conduct by the opposition to that party
~ they were constituiionslly and legally elect
ed. let them retain their sests-wha.e,rr NAV
have been The exeesses and ouirsges Of those
Who elected them. Bot il they wsr. NOT con.
additionally and legally elecsed-shall the,
De permitted to do soi That 10 the question.
AT The time Of their pretended Il. elton IL
vas denounced by the entire opposition in the
Legislature a. having been brought about b,
fraud and srong-by violation Of the Con.
siiiution Of the United States. he Constitu.
son Of the State. the Law Of the State snd the
nnvsried usage Of the State. A protest Ia this
effect VAS laid before the Ssnste Of the United
sfstes--ignsd by members Of both Branches
OF the Legislature. Opinions all over the
sountry-snd especially all over this State
have been formed spea tho case they made
out. and the result OF the whole IL, that a very
large number Of people think that these gen.
slsmsn are not entitled TO their sests II il
the impression. moreover. that they would not
have been permitted 20 retain them until now
had not thu Lseonpion policy Of the Admiais
frstion rendered It necessary that they should
do 90. II IL apparent. therefore. that those
Who have had &C agency IN thus directing
public sentiment. must either give an esrnes,
Of their sincerity by pressing their opposition
to the ulfims's point, or. by abandoning the
contest. excite we'll grounded suspicion tn a,
they have been acting from ffe ious m tives
merely. There 10 NO intention, by this re-
mark. to censurs any body, who may take a
sonirary view Of it.
Ia - suggested by some who do entertain a
contrary view. that there is 70 use 10 attempt
INK a. election. because the United States Sen
ate. having already decided the quests IN. will
not review their decision. Aud Why rctf -
Ths question is q grave one and should De
gravely discussed.
II must bs conceded. on all hands. that IL
Bright and Fitch had been fairly, constitu-
sionally and legally elected, and bad been
sworn in a. Senators, IL would not be in ths
power 81 ths L>SisisfHre to vacate their seats
and elect their successors. The U s. Senate
must decide, for itself. the qualifications OF
its own members, and when il has done So,
upon election not cold the State Legisla.
lures have no right or power TO interfere
Tie ID noerstis party has heretofore held that
ihe s ate Legislatures could create vacancie.
by iHsrvcfsHg Senators out of their seats but
this doctrire they never intended TO apply to
Democratic Senator'S aud it has gone into dis
use. This statement Of the argument. how
ever. applies only to Senators rishfally elect.
si.
But suppose there are Senators who have
Rsf bern sl,eiei at OH. or he base their claims
upon unconstitutional AID illegal. and there
fore. rOiL proceedings. il must be clear that
,hIs doctrine does not apply to them-al-
though they may have been admitted 10 their
sssls. And the pair reason Is this thai,
S.id proceedings car confer no riSAfs upon any
body. II il be true, as has teen often alleged.
that Bright aud Fitch were elected in this lat
ter mode-or TO state the proposition more
rroperly-vere net elected at all. VIA, right
socld the Senate Of the United States confer
upon them. That body cannot elect Senators
l.. =
or upon the State L<cisiatuy,s: aud il exits no
whore else The proposition then. must meet
with universal assent. that II he Legislature
Of Iadiana did not elect Bright and Fitch, the
Senate Of the United States could not Aud
this comes directly to the pra .tieal question
did u, L~gs isssrs elect them'
lis yell known that but Treaty three Sens
tors attended the procssiings ia the hall Of tie
House. when Bright and Fitch claim to have
been elected: they Themselves do not pretend
otherwise. There we're flro less than half the
Senate. 90 that there werefreniy seprs Sca>iors
left in the Senate cha.nher who did net psrli.
eipste ia what WAS done in the hall II Is
certain then. that The Senate. a. branch oil
the L>gsslsiarr. did not unite with the House
NJ The time Of the pretended election But
Bright and Fitch told the Senate OF the United
States that a usgrsrify OF the Senator's rrre pres
ent and voted for their and they attempted
TO make this out BY alleging that several OF
those Who occ upiel seats a. Senators we're not
Senator'S. Now the fact -. that they deeeiv.
.d the Senate on this point for every one ol
those whose elections they thus assaiIed ar,
yet S<asio's; regularly admitted to their seats
VIVA. has the senate Of the United States q
do with The qualifications Of members Of the
Senate Of Indian.. Il u most strange that
those Who pretend TO advocate the rights o
the States should ask for zach interference
but that question IL not now important Ths
senate Of Indiana having admitted 10 lheli
seats and sworn IN, all these f~<.fy seu>a Sen
asors before this pretended election. and the,
being all acting senator. at The time. the pro
position Is clear that the Ssssfs had nothins
70 do with the election Of Bright aud Fitch
Heses. II mus, follow thai they were no, sles,
81 by the L<yisssfars Of Indisas--snd accord
ing 70 the Constitution Of the United States
The Seaste 81 the Usitsd Stsie.. therefore
cannot maize Senators out Of them. Bat !; 4,
not proposed to discuss the questions nov
which arise out Of the rssss<r Of election
This mode of staiiag the case is 10 show how
impossible IL would be to give validity to an,
proceedings tina, are rosd; ss these are. no