Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-02-03

continued in their seats until the return OF the
absent Senators preceded by the incoming
Lieutenant Governor and ex-officio Presi-
dent of the Senate, when the pending ques-
tions were taken up in their order, and dis
posed of, as though nothing had taken
place. The President of the Senate left
the chair and the 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 commu-
nication your memorialist affirms and be-
lisves to have been wholly unauthorized by
the House of Representatives, as the jour-
nails of said House contain no record OF
such authority or change in the time for that
duty from the time named in the resolution
sent to the Senate. For record of these
facts, see Senate journal, pages Al to 76,
inclusive.) ssaH ~ s.a : sst
1t is further part of this proceeding,
that while in the meeting thus unauthorized
the President of the Senate and Governor
elect did at first preside during the count
| ing of the vote, but upon the conclusion OF
that ceremony appointed Senator to oc-
cupy the poition of presiding officer, who
then and there assumed, without motion,
leave or desire therefor on the part of said
meeting. the power to adjss~~seaid meeting
to the ID day of February following. and
did SO adjourn it. On February the I'd,
said meeting was again convened, and, as
before, by leaving - Sena;e, as on the for
mer occasion, without constitutional
quorum. and without adjournment or mo-
tion therefor. (See Senate Journal, pages
22l aud 222. AT this last-named meet
ing. the Lieutenant Governor adjourned.
as the Senator on former occasion had
done. the meeting to the 4th of February.
On "Wednesday, the 4th of February. the
President of the Senate again left the chair
and with number of Senators left the
Senate Chamber, as on former similar oc-
ccsions in the midst of its deliberations and
without adjournment. At this unauthor-
lied meeting the persons. who have since
claimed to be the Senators of your memo
rialist, claim to have been elected, and up
on that claim have been permitted to act
as such Senators by your honorable body
to the present time.
1t will thus be apparent to your honora-
BILE body, that this unauthorized meeting,
at which the present ineumbents claim to
have been elected United States Senators,
was originated in violence and continued
| by insurbordination. The Constitution OF
this State in sec. Of art. 8. under which
those who contend for the legality of the
mutiny above named act. imposes duty
upon the Speaker ofthe House of Repre-
sentatives alone, and does not, by any fair
construction. enjoin upon thS,L legislature
any obligation at all, mug even re;
motely contemplate the d ll|Dh .of q
joint convention of the two Houses. But
in the latter clause of sec. 5 of the same act,
in case Of two persons having an equal and
the highest number of votes, provision is
made for deciding the question by joint
vote of the General Assembly. Now it is
only necessary, in order to sustain wheth-
er joint convention is contemplated in
this article. to inquire, as a duty is hore de-
volved on the General Assembly, what
the Constitution means by the term Gen.
eral Assembly. To answer this question,
it is sufficient to refer to sections and z
of Art iv. of the Constitution. which should
be read in connexion with the same act
But if the meeting originated, as herein de-
scribed, had no Legislative power, your me-
morialists would respectfully submit whcth-
er one or more adiournments Of such meet
ing. could by any possibility, confer upon
it authority sufficient to legalize the act
under which the present incumbents hold
the honor and exercise the power of United
States Senators for the State of Indiana?
But again. if this meeting had not origi-
nally belonging to it the power Of legisla-
lation, IL it was not at first a legal organi-
cation, wasit not less so when an effort was
made to perpetuate its existence by an in
dividual who had bsen called to preside o.
yer its deliberation-by the presiding Off
Ger Of the Senate, at moment when his
power to preside as such officer ceased and
had expired? Yet such was the case, for
the President of the Senate, who had the
power when the Senate was in session in
its own chamber to call any Senator to the
chair temporarily, at this unauthorized
meeting, which was not Senate, appoint
ed. when'he had no longer the power him
sslf, g Senator to conduct its deliberations
This Senator assumed to adjourn the meet
ing to distant day; at which the meeting
assembled. and was again. in like manner,
adjourned to another day; at which last
named day. the wrong. your memorialist
complains. was inflicted upon ber. s''' g
- Your honorable body will at once per-
ceive that no motion, concurrent or joint
resolution, for electing Senators, or other
proposition for that purpose, had been pre-
viously made or attempted The Senate
had never been invited by the House. or
the House by the Senate. to join. partiri-
pate in, or consent to, any snch election or
elections. The object, il there was an OBJ
iect. was studiously concealed; at least so
far as the journals of either House show.
The election thus held. by which the pres
ent incumbents claim their seats. was with
outthe knowledge. consent or participation,
of quorum of either House of the Gener-
al Assembly; and, notwithstanding a ma
iority of the members, per capita. Of the
Houses may have assentcd TO and taken
part in the proceedings of said meeting any
election thus had could certainly have no
binding force when the meeting itself uas
void That there was rot quorum of the
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