The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-04-27
The Case OF Me.srs. Brishs and Fitch.

Bright and Fitch to their seats, the New
York Tribune publishes . succinct histo-
ry of theLegislative proceedings on which
the bogus Senators found their preten- !
sions-in order to remind the country Of
the facts in the case. We copy it, and
add one or two circumstances, 2unknown
probably to the editor Of the Tribune,
which are important in forming judg-
ment in the matter. &C.,
The Constitution Of the United States says
that Senators shall be chosen by the Legis-
lature of the respective States" The Con-
stitution Of Indiana says: "The Legislative
| authority of the State shall be vested in the
General Assembly, which shall consist of a
| Senate and House Of Representatives" ltt
also provides that "two-tbirds Of each House
| shall constitute quorum to do business"
and, of course, no legislative act can be valid
unless a quorum be present at the time. To
| constitute n legal and constitutional u nitcd
States Senator, he must have been "chosen"
| by tho legislative action Of each HOuse-"the
| legislative authority Of the State;" and a
quorum two thirds of each House, must be
present "to do business" at the time. No
man dare assert that any such action was
man, cgarding truth, iwill dispute the follow
ing statement Of facts: r... ...i. ....s.
The Constitution Of pIndiana requires the
4 returns of the election OF Governor and Lieu
tenant Governor to be transmitted to the
/ Speaker Of the House Of Representatives,
who shall open and publish them in the
presence of both Houses of the General As
sembly. The Senate is composed Of fifty and
the House of hundred members. Thirty-four
Senators, AMI sixty-seven Representatives,
constitute q quorum of the respective Houses
"to do business" Twenty-three Senators
mot quorum and sixty-two. Representa-
tives (not quorum J, met in Convention du-
ring the session Of 1857, without any concur
rent vote of the two Houses, to witness the
opening and publishing Of the vote given for
Governor and Lieutenant Governor at the
then recent State election. After tie votes
were opened and published, an adjournment
TO u future day was had, although the bust
ness for which the members had convened
had been fully accomplished. thI go fH't
Previous to going into convention to
count the votes for Governor and Lieut..
Governor. a pledge was given by. the
leading Democrats, and among others BY
the Hon. Speaker, Ballard Smith, that
the proceedings Of the joint convention
should be confined strictly to the single
purpose Of counting and publishing the
: votes for the Executive officers; and
" that no advantage should be taken Of the
: meeting to accomplish any other ,pur
pose. In the convention, Governor Viii
lard az President of the Senate, presided
wiih Speaker Smith. After the vote.
!, had been counted, and Willard ant
Hammond declared elected, and the bust
y ness for which the convention had met
= :, had been accomplished, Gov, WILLARD
requested Speaker Snatt to declare the CON
re'aioa adjourned to a certain day. Speak
er Smith replied to him, that he was pre-
claded from such an act, BY his solemn
= pledge to confine the proceedings Of tn
:, meeting to the counting Of the votes 70
y = Governor and Lieut.. Governor. Where
= upon, Gov. WILLARD, then no longe
President ofthe Senate, nor possession
any authority in the meeting-beiuI
Governor of the State--ouHed a ssesaberss
the House to, the Speakers chair, which be
:, ing vacated By Speaker Smith, this creatur
!. Of Governor Willard assumed 1t, ant
obeysd the Governors mandate, and de
y clared the joint convention adjourned I
- another day for further business. Thi
!. bold and daring usurpation on the par
Of Willard passed without rebuke fror
= his adterents. The correctness Of thi
statement will not be denied, We think
by Judge Smith, who is now in the city
On tho day, to which the adjournmen
thus surreptitiously obtained, was mad
twenty-four Senators mot q quorum-nt
he even majority and sixty-two Represcnts
:, tivcs protested against this pretended eiet
W. ton as violation OF the Co institution of u
ny United States and of the State of Indians
A. and In defiance Of all usage and precedent
W Mcssrs. Bright and Fitch asked the Unite
nc States Senate for time TO take testimony
In the discussion of this proposition, it Wi
asserted that only forty Senators hs
of been properly sworn into office, and,
twenty -four Senators were present ut Il
Pe' pretended election, they constituted majo
To- ity Of the Senate, and, therefore, the act Wa
, legal! If this were true, it could not RICH
ne fully affect the case; but, it is not true
he Forty nine Senators were sworn in by dire
ton of Gov. Willard, the presiding officer
III the Senate, and one DIR. Cooker by dire
he ton of the Senate. This fact will be esta
lshed by the testimony of Gov. Willar
ise and others, should evidence be taken -und
al. the resolution Of the Senate. So much I
a.: that pretense.
TIC At the time of the revision Of the Sta
DIV utes of Indiana, the law in relation, to &
= election Of United States Senator was ina
W. vertcntly left out by the revisors. In a
tly swer to an inquiry as to the usage and pr
he cedent of the Legislature i'm choosing SEM
tors under the new Constitution, in the n
CT sencc of the law above referred to, Messr
Bright and Fitch assured the Senate til
there never had been any election of Sen;
tor under the new Constitution, and. ther
'"' fore, there was no usage, no precedent csta
at lished. In this they were grossly mistake
7 or attempted to deceive the Senate. L
new Constitution went into force in Mover
9TH Der, 1851, and John Petit was elected UI
ess ted States Senator in January, 1858! !
~'' Fitch ought certainly to have remembered
llu- as Mr.. Petit beat him for tho nominatio
A. because Of his the Doctors Abolition let,
to Grove Pomeroy. The Legislature, in q
Ong election Of Mr.. Petit in tho absence of sta
,ht ute law as now, pursued the course viii
'-' has prevailed in the State during its ex
ina tence, viz: the passage of resolution by t
a. concurrent vote Of each House. a quorum