The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-28
THE INDIANA SENATORIAL QUESTION.

uonai, and void the Senate hy vote Of twenty
Blk to twenty-five, the House by vote of ffty-one
to forty-ive. This action of the Legislature has of
course no legal effect upon the tenure of Messrs
Bright and Fitch, have no other force than be.
longs to expression of opinion nor carry
any other than such moral weight attaches to the
informal Judgment on party question, of party
majority, in the two branches of the Indiana egisla
ture. Opposed to this Judgment, of party majority
in that body, is that of the Senate of the United
States rendered last winter, which by large vote
pronounced the election regular and legal and the
tenure Of Messrs Bright and Fitch valid and consti-
tuhonal. On the ground Of mere moral authority
we think the judgment of the Senate of the United
States viii fully balance that of the Indiana legisla
ture and thus the question is left to be considered
purely on its legal merits.
II will be remembered that at the time of the cleo
ton of Messrs Bright and Fitch, the democratic
party held decided majority on joint ballot in the
Indiana legislature; but that an election was delay
cd some time, by the refusal of the body in which
the republicans had the ascendant, to agree to
joint sitting for the purpose of making this election
Finally, however, if we recoect Alright the two bo-
dies did meet together and after it had been resolved
to SO into the election and while probably the voting
was going on, the republican, members of the body
in which that party had the majority withdrew from
the hall, the residue remaining and completing the
election. Writing from memory, we do not pre-
tend to technical accuracy in this statement our
only object being to convey an idea of the
nature of the legal question which was brought
before the Senate of the United States for its
ctio In The cas of tpn Ind
upon which it rendered solemn Judgment last win
ter. 1t will be seen, therefore, that the question
is not Of wrong insult, and injustice to sover-
eign State, but mere party question between mi
norties and majorities-a democratic majority in the
Indiana legislature having made election two years
ago, which republican majority in the same body
now undertakes to pronounce unconstitutional ille-
gal and void
In view of this equal division of sentiment at
home, this contrariety of action at two periods of
the Indiana legislature itself, we repeat that the
weight of the Judgment of the Senate of the United
States ought to be conclusive upon the moral side
of the question: as it indisputaby is on the legal
side
The resolution which adopted on the subject
by the Senate, the 18th of last june was as fol-
lows:
Resoluod, That Graham N. Fitch and Jesse D. Bright
senators returned and admitted from the State of In
DIANA entitled to the seats which they now hold in
the Senate such senators aforesaid the former until the
4th of March, 1861 and the latter until the 4th of
March, 1863 according to the tenor of their respective
credentials
The Senate adopted this resolution without divis
ion, the sense of senator's in regard to it having
been previously expressed ona test vote as follows
YEAs-Messrs. Allen, Benjamin, Bigler, Brown Clay
Clingrnan, Davis Fitzpatrick, Green Gwin Hammond
Hayne, Hunter Iverson johnson of Arkansas johnson
of Tennessee, Jones, Kennedy Mallory, Polk Pugh
Reid Rice, Sebastian Slidell, Thompson of Kentucky
Thomson Of New Jersey, Toombs Wright, and Yu
lee--30.
NAYs--Messrs. Broderick, Chandler, Clark Collamer
Dixon, Dooitte, Douglas, Durkce Fessenden Foot
Foster, Hale, Hamlin, Harlan, Houston, King Mason
Pearce, Seward, SiHlmons Trumbul Wade and VIII
son-23.
We have said that the action which has been just
taken by the Indiana Legislature can have no legal
effect The principles on which we found this iudg
ment the following The federal constitution
prescrbes the term Of senatorial service, empowers
the Senate to fix periods according to which senators
shall be classified and constitutes each house Of Con-
gross the exclusive judge of the elections returns and
qualifications of its members At the proper
legal period for cectng senators from Indiana-one
Of them to fill vacancy, the other to fill term
which would expire during the next interval be-
tween the regular sessions of the Legislature that
body, having tho authority and charged with the
duty of making the election did elect the two per
in question, who returned as elected to
the Senate of the United States. The Senate which
the constitutional and the sole Judge Of the va
dity of the election admitted the persons elected
and upon full review of all the proceedings in the
premises, pronunced their tenure valid. Thus the
Legislature which had the authority to elect and
whose duty it under the laws of Indiana to do
so, made the election in manner which the Senate
Of the United States, which had the sole power OF
revising its proceedings, declared legal and valid.
The election of Messrs. Bright and Fitch being
thus made and concluded upon in manner which
admits no constitutional revisal tho only remaining
question is, whether State legislature is judge OF
the elections of the two houses of Congrcss--in
PREVENTION of the express provision of the federal
constitution, as well az the rule of parliamentary
law arising from the necessity of the case, which
makes these houses the exclusive judges respective
ly Of the elections of their members and whether
as such Judge this Legislature may reverse the ac
ton Of former legislature, well the revisory
judgment rendered, under the constitution, by the