New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-20

10 ssrve ss sveh Senator. 1hat tsotiS =
ioprt I'd upon The expiration OF Toe pu'e "o"oo W
he Cor etiturion without having leTed CHOSEN vi
64,igp.iel cry one to act as her Sena,nr 10 your
branch Of the National Leg,lsture. mus your
neroIisist wss without Der cont.iollonai
ton in your body There WISE no, any other session OF
her General Asseu bly, although provisor Is MADE 70
her Constitution for an extra Session Wnen.ver, 10
the ouuiop Of her executive officer, may Be deemed
rscessaYy 10 convene the Seretors and Repreeents-
tvss or two years. In January Of the year 1857 the
General Assembly Of your memoraist was again con-
y.ped On the ith Of March 1857 AID before the sd-
iounrmert Of THE sess on Of TIE General Assembly
another vacancy vas to occur in your honorable BODY
by TIE expiration Of the term OF the only remaining
Senator Of your menorisst- Your honorable BODY VIII
row perceive that It clearly toe duty Of his General
Assembly, at is present session, 70 PROVIDE tna'
choice should oe made Of two Of the ctlze1s of your
memorialst TO supply the vacancy that had already,
in uart and soon would entirely occur in your branch
o. the Congress Of the United States 10 tins connec-
ton, il may rot be improper 70 sforn your honorable
body that there had been no statutory provision Dy
the Legislature of your merDoriaIst regulating the
choice or election Of United States Senator's BY her
General Assembly since the adoption OF her present
Contribution. Hence any election when snoid take
place would q necessity be governed by the proys-
ions Of the Constitutions Of the United sat and OF
this State. In addition, also, 10 the binding force Oh
the Constitution Of the United States as the supreme
law Of the land the Legislature of your memorials
Odd enact that amoug the laws governing this state,
should be- first, tle Constitution OF the United
States See Revised Statutes, volume /, page
3Jll Then as your memoralist was without any law
on this subject other than that contained IN the Constr
tutions as above named it would be unnecessary 10
direct the attention Of your honorable body to the pro-
visions Of Sec g. art of the Constitution OF the Uni-
ted States; as alfo Of the same article. foor
nemOrais would further represent that SINCE the re-
ouirsments Of the Constitution o. the United States In
the choice Of Senators Of the United States a. above
referred TO- are upon the Legislatures OF the several
States the Constitution Of lLdiana clearly defines her
IL gssiure and declares of what 1t shall consist (See
r. vr.ato ~ ~ e
II Of All w. which is further descriptive OF what Is
essential TO constitute body capable OF trsnsactng
legislative business.l ,
From what has been shown Of the law il will be
obvious at once that the only rule by which your me-
norast could be governed in the choice Of persons TO
oct her Senators will be four in that provision OF
Constitution of the United States which requires such
cho &c to be made by the Legislature; and az the
terms legislature and legislative power have been de-
foed by the organic law q tins State, II will be no
difficult matter TO ascertain wherein that law has been
complied with disregarded 10 any case that may
have been, will be presented for the consider .tion
If Your honorable body
Your memoriaIst is now prepared for the assertion
that the persons essumI to represent her IN the
Senate Of the United States are not now, and have
not beer, since the action OF certain members OF her
Gene rel Assembly in February, 1887 upon which ac-
ton 1t is claimed that said persons were elected SEN
5tOrs IA the United States Senate for Indians, the
legally elected or cOnsttuonaly chosen Senators OF
Indiana ana 10 support OF her denial VI tne ghi 10
n y
uemorshrt would earnestly invoke the attention OF
your honorable body the following facts, viz;
TIE session Of the General Assembly, which con-
vened in January, 1857, succeeded the general cleo
ton Of 1856 at which time election for Governor
ard Lieutenant Governor was held. Section OF Art
Of the Constitution Of Indiana provides that the result
Of this election shall be Published by the Speaker OF
the House Of Representatives IN the presence
of both Houses Of the General Assembly
On Monday morning Of January Il, 1917,
message was received by the Senate from the House
Of Representatives, inviting the Senate 10 attend In
the Hall OF the House at halpast two O'Clock, ior
the above purpose. (See Senate Journal, page Az.
Tie Senate convened At one o'clock 2. M, and i'm
medately took up the Message of the House. and was
ediGg to amend the same, when the President oil
the Senate laid before the Senate communication
from the Speaker of the House Of Representatives, in
which said Speaker informs the Senate that no would
proceed iRst0nter to open and count ana puohsh
the vote for Governor and Lieut. Governor, where
upon the President of the Senate announced that ms
with the senate as their presiding officer
had teImil ated, and Immediately, without ADJOURN
meut, a motion therefor, and, as your memorallst
affirm, and verify believes in vlosnon oil section ~
Of ant 4 OF her Constitution, left the Senste, iol-
lowed by twer ty.t three Of the Senators. The re.
msinder Of the Senators occupied their seats ana
projected with business, but, upon call OF the
Senate being had 1t 6scsItsiDed quorum TWO
thirds-was not present, the Senate could make no
disposition of the business then pending. resotl-
tion tnbodying this fact was introduced, ana spread
NJ on the Journal and the Senators present continued
proceed by the incoming Lieut.. Governor and er-
,ffieio President Of the Senate, when the pending
questions taken up IN their order, ana disposed
II as though no interruption had taken place. Inc
President Of the Senate left the chair and hall OF the
Senate at five minutes before two o'clock upon
receipt Of the communication of the Speaker OF the
House Of Representatives, which communication your
memoIialist afrms and believes to have been wholly
authorized by the House of Representatives. as the
Journals Of said House contain record OF such au-
thorty or change in the time for that duty from the
time am, In the resolution cent to the Ssnate. For
record OF these facts, Senate journal, pages Al
to IS inc usve.)
H. is further part of this proceeding, that while in
the meeting thus unauthorized the President Of the
Senate ana Governor elect did at first preside during
the cOu ting of the VOTE but upon the conclusion OF
that ceremony appointed Senator to occupy tue po-
sitiob Of PRESSING officer, VINO then and there as
suned thout notion leave OF desire therefor ON the
part OF said meeting the power TO adjourn said meet
ug to the ID day of February following, and did so
adjourn IT, On February the I'd, said meeting was
gain convened and before, by leaving the Senate
ss on the fO mer occasion, without constitutional
quorum and without adjournment or motion therefor.
iSee Senate Journal pages l and ID AT this last
named mt etipg the Lieutenant Governor adjourned,
as the Sci a,or a former occasion mad done, the
meeting Ia the 4th day Of February. On "Wednesday,
tie 18th Of February the President Of the Senate again
left tie chair and with number Of Senators left the
Senate Chamber, former similar occasions, in
ibe MIDST Of its deliberations and without adjourn
ment. AT this unauthorized meeting the persons,
Who have since claimed TO be the Senators OF your
u emoraist claim TO have been elected, and upon that
lam bave been permitted 10 act as such Senators by
your honorable body TO the present time.
Ii will thus be apparent 10 your honorable body,
& at this nauthorzei meeting, at which the present
incumbeI claim 10 have been elected United States
senators was originated in violence and continued by
iDsubordiUa top. The Constitution Of this State in
sec. OF art. 5, under which those who contend for
the legality Of the mutiby shove named, imposes
duty upon the Speaker of the House of Representa-
tivss one and does not by any fair construction,
join upon the Legislature any obligation at all, much