The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-12-02
THE INDIANA SENATORIAL FRAUD

The reader will find. by references TO cur sum
mary ofcurrent evenu, that the Legislature Of
Indiana has, by decisive majorities inAboth
branches, declared that the pretended election
of Bright and Fitch, two years ago, to the
United States Senate, was illegal, unconstltu-
tional andyoid.''F Every honest citizen will \
joice at this patriotic assertion of State sover-
eighty and approve the sentence which con
signs to ihfamy the fod usurpatioa 70 yhch q
degenerate Senate of the United States made
itself party. I 4
The position of Bright and Fitch themselves
will be anything but enviable.. They will not, we
fear, have the grace to resign, and no amount OF
face can keep up an appearance of self-respect
under such circumstances. Elected by triekery
and fraud, admitted to their seats by an act of
qualification on the part oftheir political friends
in the Senate, they have now to stagger under
the superadded weight of this authoritative act
of the Indiana Legislature. They are repudi
ated by the constituency which they claim to
represent, by solemn legal enactment; and they
will make their appearance in Washington this
winter under circumstances calculated to com
mand sort of notoriety which usually follows
great offenders against the laws The public
curiosity will be on the alert, ready TO mark and
applaud their hardihood, or overwhelm them
with contempt if they should exhibit in their
pale countenanees signs Of compunctious visit
ings, or in their flushed faces a sense of shame.
But the conduct of majority of the Senate
is in our judgement more reprehensible than
that of the two individuals more Immediately
interested in the usurpation. The latter have
at least the excuse which is due to the weak
ness of human nature, in matter in which
they had deep personal interest. But the ma
jority of the Senate can plead no such apology.
They could only have been actuated by un-
J scrupulous devotion to party. precedent set
by themselves in a case, in the main similar,
but differing from it in being entirely free from
all suspicion of fraud or foul play, presented
an imperative estoppel to honorable men, under
/ the obligations of an official OATH With these
/ exceptions, the cases of Mr.. Harlan of Iowa,
and of Bright and Fitch, were precisely similar.
/ We will briefly recapituate the circumstances.
! Four years ago, the Republicans or opposition
/ held commanding majority in the House of
/ Representatives Of Indiana, while there was a
! tie in the Senate A United States Senator
/ was to be elected, and the Republican House
! passed joint resolution for going into joint
/ session for that purpose. But the divided Sen
| ate refused to adopt the resolution, in order to
stave off the Senatorial election and there the
matter ended for the time being Two years
I later the positontof parties was reversed in the
! Legislature The Black Democracy elected a
majority of the lower House, while the Repub-
licans held the Senate. The House insisted on
joint session for the purpose of electing
United States Senators, there being now two
vacancies to fill but the Republican Senate,
paving their opponents back in their own coin,
refused. The Black Democracy, which respects
neither law nor the principles of honor, when
they stand in their way, were not to be foiled
The Governor elect was TO be inaugurated on
certain day, and the Constitution requires
that the ceremony shall take place in the pres
ence of the two Houses. The Republican Sen
ate refused to adopt joint resolution for this
purpose, which was not required by law, and
which the constitutional provision renders unes
sential. At the hour appointed for the inaugu
ration, the presiding officer Of the Senate Lieut.
s4tjl'-rt, Z mn nolnced Tine TACT, and
descending from the chair, proceeded to the
House of Representative, followed BY tn,
members of his party. On arriving in the
House chamber, he called Senator to the
chair, the oath of Office was administered: and
the Senator, acting as the presiding officer Of
the two Houses, declared the joint session ad
journed to a particular day 1t must be palpa
bic to any one having the slightest acquaintance
with such matters, that this proceeding was ut
terly unwarranted and void 1t is weIl-knowu
fact that legallyelected presiding officers have
no right to adjourn a deliberative BODY TO a
particular day and the most they can do IL to
announce the arrival of the hour for adjourn.
ment previously agreed upon by the body itself
The Republicans therefore treated the proceed
ing with the contempt it deserved but their
opponents determined upon the contamination
of the fraud and usupaton, met at the time
fixed by the acting chairman of the preceding
meeting. For some reason, they did nothing at
this meeting, but adjourned to meet again. At
the third meeting they went through the forms
I of electing two United States Senators.
! The Senate, in which rhe Republicans held
decided majority, passed resolutions denoun-
cling the proceeding as fraudulent and void. and
sent to the United States Senate solemn bro.
! test against the admission of Bright and Fitch
to seats in that body as representatives of the
/ State of Indiana. A
| But to present the conduct Of the United
| States Senate in reference To this case in all its
enormity, it is necessary to advert to the partic
ulars of the Iowa case. In that case, the Black
Democracy had small majority in the Senate.
| the Republicans larger majority in the House
| Both Houses agreed to go into joint session for
the election of United States Senator. and
they met accordingly. At the first meeting
they failed to elect Senator, and adjourned to
a specified day. The day arrived, and ma
jority of them met, including all the RepubI-
cans and few of their opponents. But the
great body of the Black Democracy, seeing
that defeat was inevitable, determined to bolt,
and thus give air Of irregularity to the cleo
ton. The joint session thus legally constituted
proceeded to an election, which resulted in the
choice of Mr.. Harlan. 1t will be recollected
that protest against his right to a seat was
sent up by the boiling Black Democracy of the
Senate of Iowa, that the case was referred to
the Committee Of Elections, which reported
against his right, on the ground of irregularity.