Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1859-02-23

,ation in the senate and her attempt IN elect
Senators when the Senate had decided thai
70 vscsney existed VAS an act Of contempt Of
this BODY lie supposed these gentlemen
sought admission upon this f1or for the pur
pose u making stump speechcs Tor cirruia
fion ia Indiana. II the Senate should es,sh
lish the precedent Of revising IT. decisions the
t-nure ~ the office 81 United States senator
would be rone. The Constitution made the
term six yesrs. hut State Legislature might
elect Senators az any time. send them h,re
armed with memorials, and take the chances
81 political changes 10 our sitting members.
( He did not fully eoncur with The former he
ci,ion Of the Senate. but that was whoiiv i'm
material a. he held that decision 10 be Who'll
I ~ irrsversiblr by this body
Mr. SEWARD urged strenuonslv the right 81
! the contestants 90 hc heard on the Il sor ~ the
senate He had not designed. he said. -
! take much part IN this discussion. b.; - con
tent himself with the simple record Il H.
vote: iiut in the course 81 the discussion the
question had assumed such an extraordinary
shape. and propositions Of sach momenfoa-.
1 exira0sdiaary aud dangerous character had
been advanced. that be felt il his duty to pro
/ est against them. Gentlemen had charged
him with introducing many Constitutional
here sie> into the SenAte: the event would
| prove vhethsr hat were now denounced a
heresies would not be regarded hfy Year
hence. a. they were dfty years ago. a. sound
/ Constitutional doctrine~ But never IN hi-
life hal he heard advanced herrsies "a Mid,
- exiravagant. and 80 dangerous IL The u ber-
" Of The people and the indepeni. nee AMI
sovereignty of the States a. had been a'ivas-
ced IN this hodv ia the course Of this debate
The i>ion Of The Senate AZ the lat session
had been declared final irrevocahic. aud
therefore infallible H dene ! that ihi- DIV
hal ever made suca thing. or c'uld ever
make such a thing. tinal and irr-vocsbie
decision. The Senate did not possess "A
much wisdom that il was impossible for them
10 err. They were liable. Fox said
10 the British Parliament when that body
sought 10 dispossoss him OF has sea,-'hey
were liable 10 act under ihe influence Of Pre-
iudice. o! passion. Of power. ay, AMI some
times even OF corruption The Senate was
not above human frailiies. And it tn
right Of States. he d eyed a. remind senators
10 arragn this Senate for us errors. IL was
their right 70 teach this Senate that IL - 4
creation of the States-not CREATOR sew
+ ant. and not master. IF the sovereign Sla'e-
of this confedcracy The States were not q
be silenced aud stuffed by a resolution 81
mandate Of the senate. The power by which
complaints are stiflcd il the power which
makes revolutions. They might strike. but
they must first hear. Not even in de>pot
ism was It safe to strike without first accor
ding 10 th- victim an opportunity TO be heard
lie denied the position assumed by some Sen
, aiors. that he decision OF the last session wa
Of the nature Of judgment. There could he
no Judgment pronounced. except by a Judi
cial power: and. not being clothed with Judi
eial power by the Constitution. the Senate
could not, therefore. pronounced judgment
lie argued at some length that the Senai,
was purely a 10 .islaiive holy. asd Incapable
under the Constitution. 81 any acts bui legs
laiive acts lie prof. ced the Senate journal.
? containing the rec ri of a resolution passed
by the Ssnate in 1884 censurng Gen. Jack
spn fpr ia removal OF the deposits. Three
wears aiirrward. he found another r-soiution
: ordering that the resolution of censure passe
by the former too " be expung-d. aud thea il
, was. with dep black lines drawn around IL
: aud he word, "expnnged By orler of the sen
, ate written across At He cxprc Ell 70 b,
borne down h re. but he wished 10 give the
Sena'e uoiic. that he should follow the exam.
pc Of The precedent 70 which he had referred
an oif-r the fe lowing resolution:
Rssolr-d Tha' The resolu' ION adopted by thu
senate on the l2lh Of June 1853, which reso-
la zen j. IA these wnrls In wit:
"Resolrsd That Graham " Fitch and Jesse
ID Fright. Senator'S returned and admitted
from the State OF In Llama are entitled Ia the
, seats which they now hold in the Srn1te a.
, such Senators aforesaid. the former until tn,
I'h OF March. l>6i aud the latter anil IL,
/ ih If March. 1853. Ascending 10 the tenor q
, th,ir respective credentials" be expnngeC
from the 10 rnrl. and for that purpose. III.
Secretary % the safe. at such a time a. th'
, Senate may appoint. shall bring The manu-
script lnurnsl "i the session of 1881 5S int
the Senate. snd In the presence o. the Senate
draw back lines round the sad resolution
and wiite across the face thereof IN stron.
letters The flowing woTd>:
"ENrCNGEp, ny ORDER or THE SENATE. TIN
/ -pAy of".N rHE YEAR or orr LoRl
ElGnrszN Human AND"
I Aud every s"ccee.ling session. 50 long a
he shonld rem sln here. he would call for tn
p passage OF this resolution; anl when TIA
4 time sh-uli cene fpr him IL leave that cham
her he doubte d not that he would leave b.
hind him some member VIII. would persist !,
pressing this resolution. until the p.riol-
which wa not fir disiant-shoald come whe.
this final. irrevocable aud infsiiib'e r.solu
: ton. A. it was nov proclaimed here To be-
should be reconsiiered. aud not only rescin
dei hut exPunged.
+ Mr. HALE said he was lhcn llS3D Democrat
, without respect h complexion. man wa.
r IN those days allowed 10 believe th,t "a.
. men are born free and equal without inter
polatng the word white" He locke upoi
this question a one Of the gravrst that coul,
A be brought before The Senate II wa the frs
step toward the perPe,uati,n 81 the power @
the senate independent of the al oil the soy
eieign States. II was the arbitrary will Of ID
P maJ'riiy bringing men upon that floor VIII
had no right there. IL was beg sing the que-
ton 10 a-s-rt that there was no cas-. Al all
To offer .hat. he would give lis opinion tha
the sitting members had 40 RICH; al all Tn
Senate had committed palpahle usurration
= and the Legislature of Indiana would BE- re-
creant 10 duty il II had not done what II ha
done to yindicatc the sovereignty of the STATE.
He believed the rights Of he States we're helm.
iroddeu down by the Srrate, aHd h. ho2cs
the people would teach them that senator
! are servants. not masters Of the people la
moment of iancird omni potenee, the Seuat
had conniited this ussrpsilon and now u
their fancied infallibIlity they would refa-,
TO undo IT. The.nly appeal was 10 the tri
bunal OF popular opinion. where neither .
plea OF omnipotence nor inlaliibiliy all
avail
Mr.. HARLAN moved that the suhiec, Do 20
committed TO the Judiciary Committee. with
instructions 10 inqui re whether Me-Srs Fuch
aud Bright or Messrs Lane and McCarty. oi
either Of them. have been northumberland
/ legally elected. and report the facts and the
law bearing or the subject 10 the Seratc. and
that the contestants be allowed To appear
When the report shall be made and argue IA,
question Of their right TO seats.
He desired "a some way TO give these con
testants an opportunity TO be heard. a colr
tesy which had never before been denied Ia
any contested election. he proceeded 10 ar
que that the contestants we've legally elected
aud that the ca-e nov presented sas a differ.
ent one from that presented 81 Tie last sess-
ion.
Mr. pro.. erred to the Rhode Isl.,d c,.o