Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1858-07-22


Legislature were present. This was the
grounds taken by Mr.. Toombs in his de
fence Of MIR. Harlan of Iowa. and lie con
sistently adhered to it in the case from
this State. Whether the Senate, first vo-
ting against Toomb's view, and then vo-
ting for it, was consistent, is question that
we need not discuss
n new aud most dangerous construc-
ton of State Sovereignty was adopted in
the Bright and Fitch case. 1t is nothing
less than an assertion of the right of the
Federal Government to define what consti-
tutes our State Legislature. Our cousti-
tuition says that the Legislature shall not
consist Of f,0o branches, and that the con
sent OF both is necessary to any Legislative
act, and that consent must lie given un-
der well defined circumstances, meeting
at the Capitol, organization, quorum OF
two-thirds of each House present and con
scnting to every act, and all TO be done at
a time fixed by the constitution. The
United States Senate, OH the contrary,
says that majority of persons elected to
the Legislature. no matter where or how
meeting, with or without the constitution
al quorum, with or without organization,
constitute the actual legislative power OF
the State, for such a majority may elect
Senator's and the Constitution of the
Umterl States requiring the election of Sen
ators to be performed by the Legislature
In other words, as we said, the Senate has
made that sufficient Legislature which our
State constitution does not recognize for
moment. To such dangerous extremes
las blind party feeling driven our govern
ment. That the danger which must be APP
pretended from this construction Of State
sovereignty is no chimerical danger, Just
how power and patronage have
been concentrated i'll the hands of the Fed
cral Administration within thirty years,
how the central Government has absorbed
the interest of the People in their State
Governments. and how rapidly we arc
to feel that Federal policy, Fed
eral revenues, and Federal offices, arc the
main objects of political ambition, and it
will not be deemed unreasonable to fear
still greater absorption of the State in the
Federal Government, when such a decision
rs this gives the General Government
power to say that the State Constitution
cannot prescribe what the State Lcgisla-
ture shall be. 1t virtually puts the SOW
,reignty of the State at the mercy of the
Federal Government We regard it as the
most dangerous decision ever made by the
in its immediate consequent
rcs, bat in the power it takes from the
States to resist Federal encroach,nents. III
ever a very Democratic President should
take 1t into his head to play Louis Napolc-
On. and scare or coax Congress into sup
porting his prctensions. Ii Congress can
say what the Legislature shall be, then
congress can say that there shall be none
at all.
Second. Mr.. Weir's presence at the
fraudulent election was OF no possible con
sequence. We think, anil we have no
lonbt he thinks now, that he did foolish
hing i'll being present, but it male no diff
Icreace at all in the result There were
'cs ssty- three Senators present without him,
and but tceRy .tow with him, and there
we're twenty six still sitting aud doing bu-
'iness in the Senate Chamber. SO that
his presence did not make the minority IA
majority, and could not possibly affect the
question. IL the Democratic majority in
he House had been very smaIl--say, one
Or two--tlen his presence. under the SEN
ties decision, would have been material, I
,ut as it was, he might just as well have
sat in his room at the Wright House, for /
Ill the strength he gave to the fraudulent
election hid Jour