New-York daily tribune., 1858-12-28
HOW TBgY ELECT BOGUS UNITED
STl7zS SENA TORS IN INDIANA.
F,om The Tribune Almanae for 1850.

yresded il. 'though the house repeatedly H.
vted the Senate to IN 'et theu IN Joint Convention to
elect the Senator, eveD one oi their resolutions was
Iost in the Senate by the casting vote OF Mr. Bright It's
President The election tbu7 STAYED oil for the
tessioo; the next Legislature Wa Democratic, and
Mr. Bright received the vacant saatorsip as bis re-
ward.
In 1855 another Senator TO be s'e, ted. In the
Sepate in consequence of half its number b ing hold
oyers there WAS two Democratic majority, But 10
the House there sixteen ant-Nebraska ms, orlty
making fourteen Republican majority jo.nt
ballot The House sent resolution after resolution 10
the Senate for JOINT Convention to elect Senator,
and the numerous State officers which the Consttu
fon and the laws requ red u be filed by thai
Of the legislature Bot the Senate, by party vote
steadily refused TO Join the House. leaving the Senate
ral vscaLt and the entire patronage of the State
in tie hands Of the Democratic Governor.
Two years parsed by, and in 1856, Indiana
elected her next LegivatuIe-a majority on Joint
ballot under the ssue Of 90 Buchanan and Fair Play
for Ksrsas" being Democratic. But, as it happened,
while the House had Democratic majority the
Senate now by the changes in the former hold Over3,
had al Opposition majority of four ln giving mar
ratve Of what subsequently, occurred, it should be
borne in mind that the Republicans were willing, from
fbe first the ast that bOta Senators to fiji the
caDcy and for MIR. Brghts fall term shoa1 be chosen
by concurrent vote of each House, acting sep 4rse-
ly, and that they demanded as their right only the
},
by the 10 600 ant.Nebrssk8 majority Of the people,
and Ii msjorty in the Legislature, at the previous
election, AID which they had been deliberately cheated
out OF by their opponents.
The Cor sttutOu Of Indiana requires that the votes
for Governor and Lieut.. Governor shsl be counted in
Iresence Of both uses of TIE Legislature, and the
demo crscy determined to this TO trap their Oppo.
nts into Joint Convention, which, as no law for
electite Senators exists in lodana should Immediately
after the counting elect two gentlemen to that office
The Republicans ipeisted that in the absence of law,
he of nj
guide in the matter. That instrument declares that
SeDstOrs shall be elected by the Legislature and
the Constitution of Indiana defined tue Legislature to
be the Senate and the House, aud requires all acts of
legislation by them to assented to by aority of
the entire IN, mbersbip of each, sctipg separately.
From the official report aud the official copies If the
journals of both OF the Legislature appended
10 Sci ate Report No. 275 (Vo. p Reports Of u. s.
senate s57-5s) We fnd the following facts:
On tie 10Th OF January, 1884, the House sent TO the
Senate resolution inviting them tobe present in their
hall at q o'clock p. m, TO open and Pn5hh The re-
asrns Of the election - The Republican Senators Of
fsred TO corcur with pfOviso that, as soon as the
counting ard wearing in over, the joint meeting
should be adjourned SINE ds. Bot while this was
pending and before any vote was taken on the invita-
time designated iD the resolution, Lieut. Gov Willard
who presdii e. and who was also the Governor
elect vacated hs seat, and, followed by minority OF
the Senate re paired to the Representative Hail. leav-
ing the Senate still iD session Arrived there, this
sham JOINT Convention opened, the Speaker OF the
House in the chair After counting the votes one of
the Democratic Senators was without any notion or
any vote, called upon to preside lie took his seat,
and vifh0M any proposition from any member rh1t-
crtr, or any r0te beine taken, adjourned the Joint
Convention till monday, the I'd OF February, ~Hhom
stating any reason pTeerf for ais TedSSembting.
Ii becoming evident that II fraudulent election OF
Senators was about to be attempted all psrsuasons to
seduce the majority of the Senate into Joct Conven-
tion having faed the Senate, on the 29th OF January
four da1s b. fore the time at which the unauthorized
Convention was to meet, adopted solemn protest
seainst it, by vote, by Yeas and Nays, of q to %
declaring that they rad given no assent To any JOINT
Coz venton tor any purpose whatever-thst any pre-
tended assemblage of that sort would be illegal and
fraudulent and branding i'll advance any attempt to
thus elect Senators insulting to the Senate and dis
graceful To the State. .
This fcrmsl ana solemn protest, thus adopted by
a out of the 80 State Senators staggered the conp
rators. And when the ID of February arrived although
The new Lieutenant Governor, with minority ot the
Ser ate agao repaired to the Representative Hail. eaV
ing the Senate stl III session and going on with thsu
bnspess tothing whatever WAS done or Attempted;
but the presiding off er, cphom any motion or any
4ott end wRlOM stating any 90 ect uhditrer declared
tbe Joint Convs nton agan adjourned till the ollo"ng
Nedns sday.
Joint Convention again assembled = and should be
borne in mind that the sidavits OF the Secretaries oi
the Senate set forth the fact II at the Senate was Hr
tren tRrIed bV the House TO meet them IN JOINT Con-
oeuf;oD for ne nnrpose of eecfing Senator's from the
fret day of the session till tire lest)-when, rat0m any
motion resolution b! any member OF tbs Illegal IS
semblage, the Lieutenant GOrerRor instructed mem
10 1pceed 10 choose United Sta,es Senator'S Gy rrd
roce roie Whereupon 23 Senators out of 5Ol voted
FOX Bright and Ftch-cne Senator, who was preseot,
looking on refused to vOte6O out OF Ife lOO kerfe
rentAtiyes III requires by the State Constitution tSo-
THIRDS of the whole pber of members to make quo
rum for trapssctg business in either braochl voted
for the san candiJetes aud two other Representatives.
voted for Geo. G.. Duun and X. W. Iaompson Ire
Lieutenant Governor declared Bright and Fitch elect
ed: and agaiR without any motion or VOTE adjourned
The Joint Convention till February IL.
The iuteptor was at that time to 60 on and choose
aelp. leX
two wears before; but fiudog that the incumbenis,
tbousb of their own party woui not consent without
legal contest To be Ousted by any sucn bogus eisc-
tor the Joint Couyento,, when the lth of February
arrived was adjourned slHe de- and the patronage
again III the hands of the Governor for the ensuing
two years. ~
The Senate having protested against this fraud, on
the 29th Of January, an adrdRce OF ITS COMMISSION,
ngan repuda,ed R ne day after as alIeSed conSHm-
,1a,,or On the 5th Of February, tweny-seven Sens
TORS out of the fifty signed and placed on tneir Jour
nas protest a copy of which they sent to the ooited
States senate declaring that Their body had no par
tclPaied in the election was IN sess.oh ~neH u "a'
pretended to have occurred, aid most soeiniy pro
testing sgainss the recognition OF TINS fraud WIN
these papers up, also, petition To the lhi'e1
States Setate, sighed by t@eIty-seNen senators anu
tbirtysix Rep esenta,ives demonstrating against tns
fraudulent election which WAS not partcipatei IN
by a quorum OF either hrauch; declaring ms al
legged joint Convention unauthorized by any law
OF the State, by any resolution adopted by the
National Coustituloni aud that to affirm it would
DESTROY the existence of the Senate of Indians as
an independent braLch Of the Legislative depart
Lsent Of the State. And II make their argument
unspswerable the affidavit of tyentysix
kepstors accompanied these protests, each Of them
solemny declaring that they did not participate in this
soceled Joint Convention but were at the very hour
of its alleged assembling sitting III theI seats in the
SeIate IN open sessioD -
thus II will be seen that this case differs from the
Harlan or Iowa most materially In that election