Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-02-19

take testimony. The report assigns no rea-
~ons in support of the resolution, nor docs it
state what facts arc proposed to be proved,
or what facts are in controversy. The only
light upon those points is found in the follow
ing paper:
Views Of tAe minority the Commiftoc on The
Jsdsoi~rg, to schani ,rerrretrrd The protests
sydiss, The right Of Graham ~ Fitch and
Jesse d. Bi7af to seats as Senator's from
f6e Sat- Of indiana.
Tho legislature of Indiana, called the Gen
eral Assembly, is composed Of Senate Of
fifty members, and u House of Representa-
tivs Of one hundred members, and two
thirds OF each House is, by the Constitution,
required TO constitute quorum thereof
Each House is declared to be the Judge of
the election and qualification of its members,
and required to keep q Journal of its pro-
c.edings. No regulation cxists by law in
Indiana, rs to the manner in which members
of the State Senate are to b. in.uctcd into
Office. No law or regulation is there exist.
ing, providing the time, place. or manner, OF
elccting United States Senators.
1t appears Ivy the Journal of the Senate of
Indiana, that on the opening of the Senate
at the meeting of the legislature, January s,
1857, forty-nine of the Senators. were pres
ent, and that all tho newly-el.ctcd members
were daily sworn, took their seats, and con-
tinucd thereafter to act with the other S4na-
tors till the close of the session. The only
absentee Senator took his scat January l3,
1857 Protests were fled. cont.Stinc the
seats Of three Of the newly-clcctcd members,
which were afterwards examined and consid-
cred by the Senate, and they were each found
and declared to be entitled to seats, rcspec-
lively, by maloritics more or less numerous
oil Of which is entered upon and appears by
the Journal of said Senate
The State Constitution makes it the duty
Of the Speaker Of the House of representa-
tivcs to open and publish the votes for Cow
ernor and Lieutenant Governor in the prcs-
cnce Of both Houses of the General Assem-
bly,. Noprovision exists. by the Constitu-
ton, making such meeting or presence of the
two Houses convention. or providing any
officers therefor. or authorizing or empower
ins the same to transact any business what
ever. except, by joint VOTE Forthwith to pro-
coed to elect Governor or Lieutenant Gov
ernor in case Of a tie VOTE
Both Houses being in session, the Speaker
notified them that he should proceed to open
and publish the votes for Governor. on Non
day, the 18th day of January. at half past
two O'Clock, p. NJ, in the Hall ofthe House
Shortly before the hour arrived. the Prcsi-
dent Of the Senate ann oupcesl that he would
proceed immediately to the Hall of the House
Of Representatives.: and thcreupon, together
with such Senators ~ chose toy, being IA
minority Of the whole number thereof, he
repaired to the Hall Of the House Of Repre-
scntativcs, and there, in their presence. and
in the presence Of the members of the House,
the votes for Governor and Lieutenant Cow
crnor were duly counted and published by
the Speaker, and 4. P. Willard, the then
President of the Senate, was declared duly
elected Governor, and 4. 4. Harmon, Lieu
tenant Governor, Of said State.
At the close OF this business, q Senator
present, without any vote for that purpose
declared the meeting Thy him then called a
crnyentionl adjourned to the d of February
1857, ut two O'Clock.
The Senate, herring of this proceeding, on
the 2ath day of January, 1857, as app AIRS
by its journal. passed. u resolution protesting
against the proceedings Of said 50 callsl con
vention. discIaiming all connection herewith
or rcco ,nisanca thereof, and protesting
against the election Of United States Ssn..-
tors or other officers thereby. On the ID oi
February. 1857, the President of the Senate
with minority of its members, az iii. attend
ed in the Hall OF the llpuss. and, without
proceeding to any business, and without ANY
vot,, declared the meeting (hy him called a
convcntion) adiournsd until the 18th day o.
February, 1857, at which time the Pr.siden;
of the Senate, with twentY-four of its mem.
bcrs. went to the Hall of the Ilous. Of Rep
rsentatives, and there they. together witt
sixty two members Of the Hluss, proc eIct
~ elect two Senators of the United Sta. -, I
wit: Graham \ Fitch and jesse d. Bright
they each receiving eighty-threa votes, an,
no more, ut their respective elccti ms. TWEEN
ty-threc Of which votes were hy meinhcrs o
the Senate
Against these elections, So made protest.
by twenty-seven mnmhcrs Of the Senate o
Indiana, and thirty-iiye members Of tn,
House Of Representatives Of said State, l.ay
been duly presented, alleging that. il the a.
scncc Of any law, joint resolution, or reyul.
tion of any kind, by the two ilouses c3mp1s
ing the Legislature of Indiana. provling 70
holding joint convention, it is not compe
tent for minority of the members OF tn
Senate, and majority. but lcss than quo
rum, of the members of the House Of Repre-
sentativcs of said State. to assemble toSethe
and make an election Of United States Sem.
tors.
OF the facts as herein stated there is n,
dispute, rs VIC understand
1t is now alleged by the sitting Senators
respectively, as we understand the sulstane
of their allegations, in contradiction of tn
Senate journal, that the three State Senators
whose seats were contested, We're not legal,
elected and qualified; that they Were with
out the EXPRESS yre4uircd credentials. tn
certificate Of the proper and only rcturnin.
officer; and that they were, notwithstanding
dir, cted to be sworn in by presiding Office
chosen for the purpose by the members of tn
Senate designated rs Republicans, for tn
clear purpose-illcgal and fraudulent, il
faet-f defeating sn election OF Senators o
the United States.
Under thess circumstances, We object L
the adoption of the resolution for the takin;
testimony to sustain thcse allegations, be
cause the said election of Unitcd States Sen
ators, 30 conducted, is obviously Illegal an,
Insufficient, and cannot be cured by any proc
of these allegations; and we insist that tn
Senate should now proceed to definite dc
s;sion Of the question. j. CoLl.AER,
l.. TRruBrLI.
Trade BETWEEN PORTLAND. Nj.