The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-07-19
A Violation Of Indiana state Sover-
eighty. Is -

The State Journal, in discussing the Bright
and Fitch case, exposes, in very forcible
manner, the gross violation of State sover-
eighty in the act of the United States, by
which an illegal and unconstitutional as
semblage thatusurped the seats in one Of the
Legislative halls, is made the Legislature of
Indiana, and to the dcings of mob are
given the force and effect of acts by the
people Of the State in their organized SOW
ereigD capacity. :& secs 3
If the Constitution of State requires a
quorum of two thirds of each House of the
Legislature to be present in order to trans
act any business, is any act Of the Legisla-
ture valid which the records show was per-
formed by less than two-thirds Of each
House2 E
If the State Constitution makes any act
OF less than quorum of each branch of the
Legislature invalid, can the United States
Senate make it valid?
A new and most dangerous construction
of State sovereignty was adopted in the
Bright and Fitch ease. 1t is nothing less
eral Government to define what constitutes
our State Legislature. Our constitution
says that the Legislature shall consist of tpo
branches, and that the consent of both is
necessary to any legislative act, and that con-
sent must be given under well defined cir
cumstances, meeting at the Capitol, organi-
zation, quorum of two-thirdS of each House
present and consenting to every act and all
to be done at q time fixed by the constitu-
tion. The United States Senate, on the
contrary, says that majority of the persons
elected to the Legislature, no matter where
or how meeting, with or without the consti-
tutional quorum, with or without organiza-
ton, constitute the actual legislative power
of the State, for such majority may elect
Senators, and the Constitution of the United
States requires the election of Senator's to
be performed by the Legislature. In other
words, as we said, the Senate has made that
a sufficient Legislature which our State con-
stitution does not recognize for moment.
To such dangerous extremes has blind party
feeling driven our government. That the
danger which may be apprehended from this
construction of State sovereignty is no Chi
merical danger, just remember how power
and patronage have been concentrated in
the hands of the Federal Administration
within thirty years, how the central Gov
ernment has absorbed the interest of the
people in their State Governments, and how
rapidly we are beginning to feel that Feder-
al policy, Federal revenues, and Federal Of
fees, are the main objects of political ambi-
ton, and it will not be deemedunreasonable
to fear a still greater absorption of the State
in the Federal Government when such a
decision as::this gives the Federal Government
power to say that the State Constitution
cannot prescribe what the State Legislature
shall be. 1t virtually puts the sovereignty
of the State at the mercy of the Federal
Government. We regard it rs the most
dangerous decision ever made by the Senate
NOT in its immediate consequences, but in
the power it takes from the States to resist
Federal encroachments, if ever very Dem
ocratic President should take it into hi.
head to play Louis Napoleon, and scare OF
coax Congress into supporting his preten.
sions. If Congress can say what the Leg
isature shall be, then Congress can say thai
I there shall be none at all. ------a-----.---