New-York daily tribune., 1858-04-22


"sensts AID House Of Representatives. II as
provides that "twothirds of each house 'n'V
constitute q quolum 70 do business; anu o.
course 10 IeOi,l,tiye act can be ysd unless quo
rum be present at the time To constitute 'es'
and constitutional United St,tes Senator ne mus
have been chosen" BY the legi-l.tIye actisn oi
each House" the legislative authority OF the
" State" aud a quorum C"ofhirdSl OF e"'u
House must be present " TO do business 81 thr''ue'
No man dare assert that any su,h scton WAS nau
in the case under consideration. No msn' reg''''
ing truth, VII dispute the following statement OF
facts:
The Constitution Of Indians require. the returns
Of The election of Governor and Lieutenant-Gos-
erIor to be transmitted 10 the Speaker oil tue
House Of Representative, who shall open and pub
lish them in the presence Of both Houses OF the
General Assembly The Senate is composed OF hity
and tie House of one hundred members. Ihlrty'
four Senators and sixty seven Representatives. con-
stitute quorum Of the respective Houses "to do
- business" TweDty-three Senators not a quo
rum }, and siIty-two Representatives mot = quo
lum), met in Convection during the session OF
1857 without any concurrent vote OF the two
Houses. to witness the opening and publishing oil
the vote given for Governor and Lieutenant
Governor at the then recent State Election.
After the votes were opened aud published, an
adjournment to future day was had, although the
business for which the members had convened had
been fully accomplished On the day to which an
adjournment had taken place, twenty-four Senators
mot quorum-nOt even majority and sixty
two Re representatives. mot quorum), without any
previous legislative act of either House, met and
pretended to e'ect Messrs. Bright and Fitch
10 the Senate Of the United States Twenty
seven Senators and thirty-eght Representa-
tives protested against this pretended election
So violation of the Constitution of the United
States and Of the State of Indiana aud in defiance
Of all usage and precedent. Gcssrs. Bright and
Fitch asked the United States Senate for time to
take testimony. In the discussion of this PROPOSE
ton il was asserted that only fortyseven Senators
had been properly sworn into Office, and, as twenty
four Senator's were present at the pretended cleo
ton. they constituted majority Of the Senate,
ard. therefore, the act was legal If this were
true, il could not rightfully affect the case; but
il is not true. Forty-nine Senator'S were sworn IN
by direction of Gov Willard, the presiding officer
of the Senate, and one Or. Cooker by direction
of the Senate. This fact will be established by the
testimony of Gov Willard, and Others, should evil
dencc b. taken under the resolution of the Senate
So much for that pretense.
At the'time of the revision of the Statutes of Ind
ana, the law in relation to the election Of United
States Senator was inadvertently left out by the re-
ysors In answer to an inquiry as to the usage aud
precedent of the Legislature in choosing Senators
utder the new Constitution, in the absence of the
law above referred TO- Nessrs Bright aud Fitch
assured the Senate that there Lever had been any
election of Senator under the new Constitution.
and, therefore, there was no usage, no precedent
established. In this they were grossly mistaken,
or attempted to deceive the Senate. The new
Constitution went into force in November, 1851,
and John Petit was elected United States Senator
in January, 1853 DR.. Fitch ought certainly to
have remembered it, as Mr. Petit beat him for
the nomination, because Of his (the Doctors AbO-
ition letter to Grove Pomeroy. The Legislature,
in the election of Mr.. Petit n the absence of stat
ute law as row) pursued TIE course which has
prevailed in the State during its existence, viz: the
passage Of resolution by the concurrent vote Of
each House, "a quorum Of the members thereof
respectively, being present and voting thereon,
fixing the manner, time and place Of such election.
No oti er usage or precedent ever existed in that
State Can it be that any party in this country has
become so regardless Of law, usage, precedent,
right and justice as to sanction such proceeding as
that under which these men claim seats in the
Sesate Let the exalted position conceded to
that body, and the personal honor of its men,
bers, answer the question.