The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-28


deavor TO fiji the place which it should occupy,
and in the absence of national efforts ir favor OF
the establishment Of good governments there, we
shall have private expeditions for that purpose.
The Indiana Scnatorship-A Curiously Conn
plicated Case.
One Of the most interesting questions that
has ever arisen in the history of this government
between Congress and sovereign State. is that
growing out Of the Indiana Senatorship; and as
il will necessarily give rise to protracted discus
sions at the approaching session, we propose to
give grouping of the principal facts in it, that
the question may be thoroughly understood by
the public.
The clause in the constitution of the United
States having reference to the composition If
Congress reads as follows
The times, places and manner Of holding eectionsfor
Senator's and Representatives shall be prescribed each
State BY the Legislature thereof but Congress NAV atany
time. BY law make alter such regulations except
tie place Of choosing Senators.
Almost all Of the States have made provision
in their respective constitutions for the election of
Senators to the United States Senate. Insome
Of shem-as in New York, for instance-tle two
houses vote separately; the action of oneis sent
to the other, and concurrent vote Of than both
in favor of the same candidate is Necessary to an
election. In other States both houses, instead of
acting separately, meet in joint convention and
ballot or vote a. one body. In Indiana, how
ever, the constitution docs not prescribe the par
ticular mode Of electing Senators, nor did the
Legislature make any regulations on the subject,
az il was authorized to do.
The seat of Senator Petit became vacan, by
the expiration Of his term, in 1855, and that Of
his colleague. Senator Bright, became vacant in
like manner in 1857. Owing to the dvisbn Of
parties in Indiana following the agitation On the
1855 to elect successor 10 Mr.. Petit: and Is its
sessions are biennial. il had no further chame of
doing so until 1851, and then it had also toelect
a successor TO Mr.. Bright At that time this
state Of things existed:-The House of Repre-
scntatives Of Indiana had q democratic majority:
the Senate republican majority. The former
consists Of one hundred members, and the hitter
Of fifty. In each house il requires twotliris to
constitute quorum Less than that number
can do no business, except TO adjourn from day
TO day. II does not appear that any stpys were
taken by the General Assembly Of Indiana to
previous to the 18th Of January, 1857. eau
cusses and informal meetings on the subject
may have been held, but nothing q an
official or definite character had taken place.
II happened that on that day both houses had
met together to witness the opening and ptblica-
and Lieutenant Governor, in pursuance If the
following clause Of the State constitution
The returns Of every election for Governor and cute.
government directed TO the speaker or the House
a Representatives, who shah open lad publish THIN In
The presence q both bouses q the General Assembly.
The meeting Of both houses On this oc@sion
was mere formal ceremonial in compliance
with that requirement Of the constitution. No
sooner was the ceremony completed than up
started Senator, who, withou. any motion and
without any authority on his rart to hear and de-
eide motion, declared "this Convcntica ad-
iouncd to The "a or February, 1857, "a two
o'clock
This sTringing of the political mine gav, the
Senate the alarm. Tho object Of calling the meet
ing Convention, and declaring Il adjourned to
day certain, was obvious. The whole thing ap-
pcarcd TO the republican majority in the Senate
a. an ingenious continuance. concoctca between
the democratic minority In their body and
the democratic majority in the House Of
Representatives, to elect certain persons to
the Senate of tho United States Ana IN
the Senate OF Indiana adopted rcolu-
ton, on the goth day Of January, 1857, and
had Il entered on its journal protesting against
the proceedings of the so-callcd Convention, die.
claiming all connection with II, and protesting
against any election Of United States Senators on
other officers by Il. But the Convention met
nevertheless, on the day fixed, and the President
Of the Senate, with a minority Of that body, took
part in it, proceedings Nothing was done Then
but to declare the body adjourned till the 4th Of
February following. On that day the same
thing occurred. The President Of the Senate
(who is the Lieutenant Governor of the State, az
in New York; went, with twenty -four Of its mem
bcrs, 10 the hall Of the House Of Representatives
and there o vote was had for two Senator's q The
United States, which resulted In the election o
Graham N. Fitch and Jesse u. Bright, each hav
ing received eighty-three votes, Of which twenty
three were given by members Of the Senate
The Governor, who was democratic, gave these