Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-02-03
sPLYmOIJTH, INDIANA, THURSDAY, FEB

.Heifoiss tti AetAa1iIl .-lt - .tlilll
else statement ef the facts, upon which
your memorialist bases the propsiety of the
course which she has taken in the premi-
ses. be now submitted for theconsideration
of yonr honorable body. In doing this il
will be necessary to go back little in your
own rs well as kr history. In January
-of the year 1866 a regular session of, the
General Assembly of this State. in accord
ance with the pyovisions of the Constitu-
] ton, was convened at indianapolis. AS
her Constitution provides that the sessions
I of the General Assembly should be bienni-
al, no other session would occur until JAM
uary, 1851, On the 4th of March, 1855,
a vacancy was to oecurin the Senate of the
Il6nitsd States by the expiration of the term
of one of her Senators. To supply the va
cancy it was the dutJ Vbf the General As
sembly of 1855 to provide by choosing some
one of her citizens to serve as such Senator.
That General Assembly adjourned upon the
expiration ofthe time allowedby the Consti-
tuition wit hout having elected. chosen or de-
signa.ed any one to act as her 81 esin
your branch of the National Legislature.
| Thus your memorialist was without con-
stitutional representation in your body
There was not any other session of her Gen
eral Assembly, although provision is made
in her Constitution for an extra Session
whenever, in the opinion Of her executive
officer, it may be deemed necessary to con-
vene the Senators and Representatives. for
two years. In january of the year 1857
the General Assembly of your memorial
ist was again convened. on the 4th of March.
! 1857, and before the adjournment of this
session Of the General Assembly another
vacancy was to occur in your honorable
body by the expiration of the term of the
only remaining Senator of your memorial
list. Your honorable body will now per-
ceive that it was clearly the duty of this
General Assembly at its present session.
to provide that choice should be made of
two of the citizens Of your memorialist to
supply the vacancy. that had already, in
part. and soon would entirely. occur in
your branch of the Congress of the United
States. In this connection, it may not be
improper to inform your honorable body
that there has been no statutory provision
! by the Legislature of your memorialist.
regulating the choice or election of United
States Senators by her General Assembly
since the adoption of her present Constitu-
tion. Hence. any election which should
take place would of necessity be governed
| by the provisions Of the Constitutions OF
the United States and of this State. In
addition, also, to the binding force of the
Constitution Of the United States as the
4 supreme law of the land, the Legislature oi
/ your memorialist did enact that, among
the laws governing this State. should be-
| first, the Constitution of the United States
(See Revised Statutes, volume 1, page
1851. Then as your memnrialist was with
out any law on this subject other than that
contained in the Constitutions as above
named. II would be unnecessary to direct
the attention of your honorable body to the
provisions Of sec. 8, art. Of the Constitu-
tion of the United States; as also sec. 4 Of
the same article. Your memorialist would
further represent that, since the require
ments of the Constitution OF the United
States, in the choice of Senator'S of the U.
nited States, as above referred to, is given
the Legislature of the several States, the
Constitution Of Indiana clearly defines her
Legislature. and declares of what it shall
consist (See Constitution Of Indiana,
art. iv, sec /; see also sec. IL of art. iv..
which is further descriptive of what is es-
sential te constitute body capable OF
transacting Legislative business
From what has been shown Of tho law it
will be obvious at once that the only rule
by which your memorialist could be gov
erned in the choice Of persons to act as her
Senator's will be found in that provision
of the Constitution of the United States
which requires such choices to be made by
the Legislature; and as the terms legislature
and legislative power have been defined by
the organic law of this State, it would be
no difficult matter to ascertain wherein that
law has been complied with or disregar,led
in any case that may have been, or will be
presented for the consideration of your hon
orsble body. -. i'ss .
.lisYo our memorialist is now prepared. for
the assertion that the persons now assuming
4 W Itplescut Hti III tiic OCudtc VI tilc tOul-
ted States are not now, and have not been,
since the action of certain members of her
General Assembly, in February, 1857 mp
on which action il is claimed that said per-
sons were elected Senators in the United
States Senate for Indiana, the legally elect
ed or constitutionaIly chosen Senators of
Indiana; and in support of her. denial of
their right to act as such Senators for her,
and on her behalf. your memorialist would
earnestly invoke the attention Of your hon
orable body to the following facts. viz: =
- The session Of the General Assembly,
which convened in January. 1857. succeed
ell the general election Of 1856, at which
time an election for Governor and Lieut.
euant Governor was held Section of
Article 5 of the Constitution of Indiana
provides that the result of this election shall
be published by the Speaker ofthe House
of Representatives in the presence Of both
houses of the General Assembly On
Monday morning OF January IL, 1857. q
message was received by the Senate from
the House Of Representatives, inviting the
Senate to attend in the Hall Of the Houso
at rhalf past two O'Clock, for, the above
purpose, See Senate journal. page Al. J
| The Senate convened at one O'Clock, p. M,