New-York daily tribune., 1859-01-28

,,-;1a,t M. orly usurped the power 10 appoint
frrt an Office rot known TO the iaw and voi', wno
.t Authenticated this pretended election by interpo-
s.,s h ;rto tbs ;surnal Of the House. This Presi
S"-t xhose noUer expired with that Of his creator.
sroeatsd that of sdourpipg II 70 hxed cay-in other
Woros commanding !, 10 OBEY hi' atDirsry rescnp',
.na a. snbseauent one, the more imperioIs mandate
.orpmsndsd them TO proceed TO elect Senators-no
sgreemept whatever having been had by the House
tse,efor IS to time, place end manner.
We aver that not only did usage exist in Indiana,
lut that in no solitaey instance election hal
ifbout the copseut Of botn Houses fixing time place,
Sc.. by law resolution. While sad prstented Con-
yeros in existence, but adjourned TO txei day
numerous attempts we're made 10 bD,h Homes 10
create one by the members who voted for Messrs:
Bright and Fitch, thus Offering evidence that taey dd
not consider that had been formed and was IN eA
ifence. No forced Convention could be hal. Mu'uSl
consent necessary, ard Il was never nsh Dy 'oe'
vbich is the only mode of altering the viii OF Legs-
htive body. IN
The history Of joint Conventions in Indiana VII
also show that other business was ever
than that for which II was specially convened: ANA
ve insist that the validity Of the acts OF JOINT Con-
yenton il due to the separate action OF Houses
ss tie General Assembly. 1t is also neeesssy To
tbe validity of all elections by corporate bodies tha
notice be given of the time, &C., and the journals
neither House show any such notice or any conven'
tonal agreement for the same.
Upon the facts and law above no legal election could
have been had.
To susten the title Of Messrs. Bright and Fitch the
Constitution OF Indiana, depositlng Der legislative
mower in two co0rdnste Houses must be broken down
that which requires twothirds OF tae members 10
s.ercse any Of her attributes Of sovereignty and tha
ora House cannot coerce the other. Not only this
election in defiance Of these inuuctiops, but IN tue
ce of positive decent by branch, armed By the
peope with an absolute veto. But presiding oihcer
Fto is no part of the Legislature usurped the powers
ard prerogatives Of the Legislature, all the forms and
susrsnes with which the people hedged in their sgis-
ktye servant were disreg srded and is claimed that
the act IL as valid az If they had been observed.
To ausfain MeSsrs. RrlOut and Fitch the COn3tlfu.
Ton of Indiana is made dead letter. VIII the Sen
ste the peculiar guardians OF State rights reared up
for that especial purpose, exclude Indiana from her
weight and voice in IL by instruments empowered by
herr Win che be allowed to interpret her own Const
tuition and acts will tue Senate, under any preiense
bot her out OF the Confederacy, and realize all OF
those fears portrayed by some OF the trainers OF the
Constitution. by absorption OF aud encroachnent
ppon State rights
The Legislative power enshriDes and protects all
rights subject to its jurisdiction. Prior to the Confed
Grafton the several States owed this duty to their ctl
zeps They did not surrender it, but lntrusted il to the
Federal for their better protection with the right
guaranteed them of voice 10 tue Senate as means
Of enforcing this duy through the Federal instrument.
We deny that, under constitutional graut OF
power with prescribed modes of its exhibition that
YOU can discriminate betwe elections ana laws. The
election Of general upon whose skill the fate OF an
amy or the country msy depend, or Of Judgs, upon
vhose legal attanments and integrity the lives oer-
bss and property Of the citizen may depend is of less
ncmeut than some petty law.
The same power Is as requisite TO the oreanon Q.
he one as the other
But it may be said that this question lie rs Gdadi-
1 .aio.
We deny that our rights title are barred by de-
L rsion had before they uere create.
We deny that the judicial power Of the Senate is
tspsbe of sef-exh auston. We deny that the p0iti-
alright of the State is capable OF annihaton, with
cut annhila!ing the Constitution which creates the
4 right.
We insist that the right TO judge Of the election and
ratification of members must continue while the term
continues.
The qualifications are continuing conditions Of title.
! We deny that Courts are ever cstopped by their
! nm action.
I We deny that sOvereigns estOpped
Z We deny that Indiana sas, prior to this time, Il
party TO the proceedings of the Senate had oppor
= iapity to allege or elicit the true facts
| We deny the power of the Senate, under the power
| 10 Judge to cge6te Senators for Indiana.
| We claim for her superior knowledge OF her own
! acts and grants.
We insst that the simple admission of Senator TO
bic seat upon credentials is desison, and thai II Vas
Kver pretended this precuded his custer II his title
wee Lot good.
Ette Senate have not power to exclude foreign ele
rtuts all tines it is not equal TO tho duties ntrusted
4 70 its guardianship.
And We will not believe that the Senate is the only
soura earth whose wrongs, once done are eternal
4 w. NJ. McCARTY,
n