The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-02-25

INDIANA SExArcns.-The debate in Senate, on
the 18th inst in relation to the right of Bright
and Fitch to their seats was long and incon-
elusive. Mr.. Seward remarked towards the
close Of the discussion, there were fifty Sena-
tors in the chamber majority Of whom had
been lawyers, many of them judges; and they
had spent four hours discussing matter up
on which any court would have come to come
decision IN very short space Of time. The
debate was characterised by clubbing and
great deal of special pleading. Some Sena-
tors were opposed to the resolutions, for tax
ing testimony, because they thought tho pur-
pose useless; others backed them up, because
they would ferret out fraud wherever it was.
Others thought the election ofMessrs. Bright
and Fitch thoroughly illegal and then, again
others thought the reverse.
MI. Collamer wanted to know If it could
be called an election by the Legislature of
Indiana, when there was not . qaorum of
either House present. He did not believe
that the election was held in the manner pre-
scribed. Can majority of the House and a
minority of the Senate Of Indiana get to-
gether, and there and then appoint Senators,
and call it legal elections He did not be-
lieve it. And he therefore thought the Unit
ed States Senate cosld settle the matter at
once, and without receiving any testimony
in detail. 1t was useless, and not to the
point.
Mr.. Pugh went through a recital of the
manner in which the convention Of the two
houses of the Indiana Legislature was held,
and the circumstances under which the Sem
ators were elected. The Senator from Ohio
controvertcd the position of Mr.. Collamer,
that minority of the State Senate was pre-
sent. There were 100 representatives and so
senator's in the Indiana Legislature; owing
to certain circumstances, there were only Al
senators, a majority of whom were present
at the election.
Mr. Hamlin Of Maine said lie h. gone
over the record, and the testimony which
was to be sought would be immaterial to the
issue when obtained. The Senate could set
tic. the question at once as well as ut an,
future time, and it was due to the Senate ant
to the State Of Indiana that the question b.
disposed Of. Mr.. Trumbull coacurred will
Mr.. Hamlin.
Senator Fcssenden Of Maine desired TO asl
either Of tie sitting Senators if the election
formed by the majority vote Of both branch
es of the Legislature!
Mr.. Bright replied, that under the old con
stitution, there was law prescribing tn
> time, place, and manner Of holding ON cleo
ton for United States Senator. That law HI
been repealed, and nnder the new constitx
r ton, when he and his colleague were electee
there was no regulating law.
Mr.. Fitch corroborated what Mr.. Brigh
said touching the old law, and added that tn
, usage was that the president Of the eonven
, ton had arbitrary power Of adjournment.
Mr.. FesseDden. Then there was neithe
, law nor usage under tho new constitution.
In reply to another question from MI
Fessendcn, Mr.. Bright stated that this cleo
ton was made upon the authority of tn
opinion Of the U. S. District Judge. II
said, the Senate and House Of Indiana met b
special notice. to count the votes for Cover
nor. The president Of this convention ha
the power to adjourn from day to day. II
did adjourn. In tho meantime, the Unite
States district judges were approached as |
the legality Of slecting United States Sena
tors BY this convention. The judges CAV
! their opinion in writing that it was not onl
legal, but duty, under the new constitution
He and his colleague we're then elected.
But Of what right or authority was Il
opinion of the U. 8. District Judge in Il
case, IL he was indiscre,e enough to give sue
extra official opinion which could have 4
, more weight than those of other persons
equal learning and ability Mr.. Prgh
Ohio thought however this opinion of Il
Judge gave authority TO the proceeding an
said that if it be, as the Senator from Georg
e (Mr. Toombs) had previously stated, tina
Q by the constitution of Indiana, the judge
/. the United States district court can 60 to I,
. dianapolis, the capital, while the Legislats
? is sitting, or is not in session, and by publ
advertisement call vote ofSenate and Hou
s and so elect United States Senator-if til
Q be correct, the election was just.