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

W., an olisrt vns siudiousy concealed; at least,
20 far a. the jo1rhsls Ct either House shos.
The election thus held, by when the pressnI
ipcurnbeu,s claim their ssats, was without the
Knowledge consent or participation, Of quorum OF
either H0use Of tbs General Assembly and not nth
standing mai Jrty Of the members, per capita, OF the
two HoGse, nav have Assented 70 ard taken part IN
the proceedings Of said meeting, any election thus had
could certainly have TO binding force when tie meet.
ing itself YES void That thsre was rot quorum o.
the Senators present in the above meeting II afdilonA
evidence n wanting your memorials, woui refer your
booebe BODY 10 The protest Of the trertyhree Sen.
ators who did participate in IL against the action OF
the Insorty Of the Senator's who remained IN SESSION
during the absence Of the protestants See Senate
Jonrnsl pap.s isG-sI-S2-s3l Again, if the
ton OF the majority Of the SenstSrs who remained in
session after the minority had uncerenonlously de-
:. rted the Senate chamber, was Illegal and vol1 az
the protestsrts alsge, your Ine1nOnshst VII leave
your honorable body 10 characterize the acts, toirgs
and resolves Of the minority out OF the Senate chamber
Bot the friends Of the proceeding against which your
memc riast complains should have beeo s:topped
by their own acts, distinctly and deliberately per-
formed OIL two separate OCCASIONS: the hrst was n
1853 as will be seen by reference to Senate Journal
Of that year. psge 81, wherein they Introduced
resolution for the election Of United States Senator,
with the following preamble: Whereas, there is no
"lav on the statute book providing for the electos
Of Uoited States Senator, and IN the absence OF
"sny statutory provision Il Is competent for the
al" esature 10 prescribe by resolution the manner OF
appointment and the persDn to be appointed; there
"foIe the House Of Represenatrves concupg therein,
"resovsd," &C.; for which preamble and resolution
they gsve an undivided vote. Again, N 1917, See
Senate Journal pages 1876 and 1917 they distioct-
w averYed that en- election Of United States Senator's
by each House in their separate and capac-
ty was legal and constitutional manner OF eecttg,
ard that al the proper time they you'd 50 proceed 20
elect United States Senators. This resolution WAS
passed by their undivided vote on the 18th OF January,
1851 after the second adjournment Of the unauthorized
meeting TO which reference has herenbefo!e been
made and but Elk days before its last session. when the
ircu nj oil "a chosen
atCrs So
The above are substantially the facts and the circun
stacnes accompanying and surrounding tue pretended
election Of the sitting members ana the chief reliance
which n ey had and nave in support Of their right s
choice of majority Of the two Houses in JOINT con-
ventioD.
Your memoriaYst would earnestly invite the serious
cor sieration Of your honorable body to the two main
points ret DOES the Constitution OF Indiana provide
for jort convention for the election of United states
Senators Second. II go, was this meeting, az when
the sitting mt mbers we're chosen such CONSTITUTIONS
| Joint convention The answers TO these questions
your memoralist will cheefully leave with your hon.
orsbe body under the Light Of the facts and clrcun-
stances herein detailed.
But aide from the facts herein embodied, your
m,rorialst would further advert 10 tie position as
sued by those who conteud for the right Of the sitting
mt nbers tie ground that your honorable body AS
already acted in the premises ami decided the question
al sue in favor Of the iIcumbents. Your memOraust
would not question the night 0i JOnr honorable DOly
70 decide ay and All cues Of this character upon
the facts adduced at the time OF such decsion m snch
is the authority conferred upon your honorable boy
by the organic lsw Of the nation That you 30 decided
the present question lie obvious but your memorast
would respectfully suggest that the Legislative power
OF In0ana was, at the time you so decided, az fary
| and fully before your honorable body, protesting
against the tight OF the sitting members to aomssl n
ss her Senator's that Legislative power was then
| demanding such admission. A msJoiiLy OF the House
of Representatives, but not quorum and minority
Of the Senate Of Indiana send TO your body two per-
4 ~ rts4.r of hl
House Of Representatives and msjory Of tue Senate
follow up this action with solemn protest. declaring
the acton Of the former outside of and in conflict
with the Constitution Of this State This fact, when
taken IN connection with the provision of the Consti-
tuition, which requires -tpki' OF each house to
constitute quorum, ind ia view OF the addonaiiact
that DO resolution for electing Senator's, was ever
| agreed upon adopted by both or either OF the
Houses, appears to the mind of your memo
| riaist conclusive that the sitting members
were not commissioned in accordance with
the requirements of the Constitution OF the United
Ststes the VIII of the Legislature of Indiana That
there were TO other clsim -nts contestng the Sc us
awarded the iIcumbents, your memOnaist regards as
matter Of no vital moment; but that such decision,
founded only upon what may be regarded as " prtma
focie" evidence should be held as conclusive, ana
bar to the admission Of evidence of higher chsrac'
ter in support of the night Of sovereign state oil the
Union to an equitable end CONSTITUTIONAL Representa-
ton in the Senate of the United States is conse-
auence 70 which your memorialiit spnot assent. At
that time il question whether the apprehension
I admission shOuld be allowed tue DtleHI Ol luo
dence presumed from the possession OF crede tails a.
tested by the zeal Of the State without inquiry as TO
the validity and regularity of such authorization, OF
whether such authorization IT, indeed, 1t appeared
regular was even essential. Now, however, the is
sue is one Of broader and deeper significance For one
of the component, independent soverelgntes OF tue
Union declares that which has been claimed as her
act never 10 have been done by her, aud respectfully
submits the question whether she viii be permitted
herself to select among her citizens, the persons
whom sbe chooses 10 represent her IN your branch
of the Federal Legislature or whether unautho7-
lied parties, acting IN a revolutionary manner, anu
in conflict with the organic law, but assuming to &C.
for her. in her name, and III her behalf shall be per-
United TO choose her representatives. Your memo
rslist would here express an tntue ard undnh shed
cor dence in the disposition of your honorable body
to carry ont and exenpfy in all your decisions affect
ing the rights Of States, as well as Individuals the
spirit contained n the words It the preamble TO the
Constr uton ofthe United States. In the full assur-
ance that that spirit viii predominant IN this as IN all
other important issues, your memOralit appreherds
no cor t between the national and Stats sovereignty,
but v cherish to the end, the assurance that jus
toe and equity will prevail throughout, aud emil
nenty characterize the result OF the application
herein made. With this view Of the matter your
memOrialst cannot regard, any serious obstacle to
an equitable adjustment of her ngbt the decision
alreaoy made in beha. of the incunbents. That de-
cision made upon pringd JdcIe evidence Of an
inferior order, while low your memonslst comes in
her own proper pe rson with the unquesoned and IN
Questionable authority of an act Of her Legislature.
Your memoriast fully appreciates the fact that your
honorable body is the only tribunal before WHICH such
questions be tried aud that from its decisions there
is no appeal, there being above and beyond it no
higher or even equal power. But your memoriaist
would seek other tribunal or question the right 70
the of the power in the decision that has been
made but relying that sense Of justice which under
lice al Of our institutions, but demands in
tire tribunal of your honorable body review
or rehearing, such ss the meanest suiter would
rot be denied in the highest judicial known 20
the laws Of the land II NAV not be inappropriate for