New-York daily tribune., 1859-01-28
TIE INDIANA SENATOR QUESTION.

TIE STATE OF IsDIAsA ACT. GRAHAM n. FITCH AND
JESSE d. BRIGHT.
Brief OF w NJ McCarty and Henry Lane submitted 10 the
Judiciary Committee Of tho Senate.
The State il entitled 10 the office. The Legislature
Is her supreme instrument and donee Of the power 10
elect Senator'S 1t is the creature o the Constitution,
which is the chart Of its power, vested only IN two
coordinate branches; quorum OF two-thirds OF the
members s requisite 10 give either legal entity;
each is equivalent n power, with an absolute veto on
the power of the other.
only such power as It's creator has fit 10 end0w 1t
With to be exercised 10 conformity to the laws OF ts
birth.
To the joint wisdom and counsel of these colleges ID
the Legislative p0ner entrusted. Ii Is not pafceed
out to It's component elements in ntegra,, neither s
vested in an smalgemated body of the two The ono
is erected as barrier 70 the otner. Inc ordesi
Of both must be passed. This guaranty against abuso
cannot be broken down without destroying one OF the
safeguards Of our Government. The sovereign voice
is unit. The power that ute rs t an entrety-en
invisible, intangible, artificial person. The power IN
the organism called the General Assembly" aod not
in the Individual members. Il ID not tue rights or
powers Of the members, but the delegated trust powers
of the State tbet welded IN Senatorial elections or
other exercises OF Leg slstive powers. Without 9
quorum of either house it did not exist-without
either the Legislature did not exist and without q
lie lislature, election would be had.
Now, the facts that quorum OF neither lfouse
was present at the pretended election Of Mes Bright
and Fitch, even majority OF the Ssnate, Dor dld
eectiDg.
II is Of the essence Of legislative power that it's
ercise shall be free from all restraint. Each body free
to deliberate and It's duties Each entitled 70 its
full poyers The facts that ne Sen ne, upon etgh
oecast0ns rsu1d to 20 into JOINT c0nrcnt,0n rk The
House and Mt time c0nsealed. She could not be
rcmL<td 10 merge her Individuality or surrender her
veto power or adopt the joint vote mode Of electing
Senator's or in 0ther words, diote or annihils her
power, upon the mandate Of the House, that wouh
degrade Der from equal TO in.rior % ths coz
trsry she bad the right TO determine the time place
and manner, and dd do it by resout n, 10 elect BY
separate vote, at proper time, IN which the House
concurred. Where diverse duties sre imposed,
she must determine which are most imperative, and
III have priority.
The Constitution of Indiana OILY provides for joint
C0aVenion upon the contingency OF tie vote iof
GovtrnOr snd Observation-Disclosures. That contip.
espcy dd not exist therefore the Convention did not.
10 ssy that duty TO form Join. Convention creates
IT, IL as absnrc &c to cay that ;ne subpoena Of Wit
ness works his presence or the commands Of the Dec
sloRue Their Observance
Failing TO get the Senate into Joint Convention,
feise record Of that pretended fact was made bo
used a. evdeace and wi ch has been used ss yertabo
and true, and the absolute verify and the unimpeach
able gu sty Of a claimed for the IA aorcation.
The resolves Of the SeDate thoee Of the whole
and pouer Of Senate .sid pretended Convention
subject TO srTes, by order IF Oh, body for abb
seLce, and the attempt TO nullfy the will Of the ma
jority by Attempting business al time place and
IN manner vetoed by that body, BY q resolve
then urvscsted ard unfescindei. Said Convention "
it existed, expired with the duty that called Il into
life. The President Of tho SsDate wAcn inaugursted
Governor, bis Office a. Pfesien, of tho Senate ex-
pned, ana with that Of bis deputy President The