Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-02-10
Indiana senator Question.
THE STATE OF INDIANA AGAINST GRAHAM n
FITCH AND JESSE ID. FRIGHT.


THE STATE OF INDIANA AGAINST GRAHAM n.
FITCH AND JESSE d. BRIGHT.
Brief of ". M Nc Carfy and Henry s.
Lane, submitted to the Judiciary Commif-
tee efthe Senate.
The State is entitled to the Office. The
Legislature is her supreme instrument and
donse of the power to elect Senator'S 1t
Is the creature of the Constitution, which
is the chart of its power, vested only in two
coordinate branches; a quorum of two
thirds of the members is requisite to give
either legal entity; each is equivalent in
power, with an absolute veto on the power
Of the other
The Legislature is corporation aggre-
gate. with only such power as it's creator
has seen fit to endow it with to be exercised
in conformity to the laws OF its birth. 81.
To the joint wisdom and counsel of these
colleges is the legislative power entrusted.
1t is not parceled out to its component clc-
ments in intergrals, neither is it veste,l in
an analgamatsd body Of the two The one
Is erected as a barrier to the other. The
ordeal OF both must be passed. This guar
anty against abuse cannot be broken down
without destroying one of the safeguards of
our government. The sovereign voice is
unit. The voice that utters it is an entire
ty--an invisible. intangible, artificial per-
son. The power is in the organism called
General Assembly and not in the indi-
vidual members, but the delegated trust
powers OF the State that are welded in Sen
atorial elections or other exercises of Leg
islative powers. Without quorum of
either house it did not exist-without eth
cr, the Legislature did not exist, and with
out Legislature, no election would be
had.
Now the facts are that quorum of neith-
er House was present at the pretended e.
lection of Mcssrs. Bright and Fitch. nor e.
ven majority of the Senate, nor did eth
er House prescribe the time. place or man.
ncr of clecting.
1t is of the essence of Legislative power
that its exercise shall be free from all re-
straint. Each body free to deliberate and
act in its duties. Each entitled, to its full
powers. The facts arc that the Senate mp
on eight occasions refused to go into joint
convention with the House, and at no time
consented. She could not be compelled to
merge her Individuality or surrender her
veto power or adopt the joint mode of elect
ing Senators, or. in other words. dilute or
annihilate her power. upon the mandate of
the House, as that would degrade her from
an equal to an inferior On the contrary,
she had the right to determine the time,
place ard manner, and did do it by q reso-
luton to elect by seperafe VOTE at proper
time, in which the House never concurred.
Where diverse duties arc imposed. she
must determinewhich arc the most impc-
rativc, and shall have priority.
The Constitution OF Indiana only pro-
vides for Joint Convention upon the con-
tingency of tie vote for Governor and
Lieutenant Governor. That contingency
did not exist; therefore the Convention was
not necessary. To say that duty to form
Joint Convention creates it, is as absurd
as to say that the subpoena of witness
works his presence or the commands Of the
Deealosue their observance. IS
Failing to get the Senate into joint cou-
veniion. a, false record Of that pretended
fact was made. to be used as evidence, AMI
which has been use,l as veritable and true,
aid tho absolute verify and the unilnpeach-
ed quality of a record claimed for the fabri-
cation. a
The resolves of the Senate are those of
the whole holy. The mutinous Senator's
who usurped the name and power of the
Seuate in said pretended Convention were
subject to arrest by order of that boly for
absence, and the attempt to nullify the will
OF the majority by attempting a business at
time. place. and in q manner vetoed by
that boly, by resolve then unvacateJ and
unrescinded. Said Convention, If it exist
ed, expired with the duty that called it in
to lie. The President ofthe Senate. when
inaugurated Governor. his Office as Presi-
dcut ofths Senate expired, and with il that
of his deputy President. The President
not only usurpcd the power to appoint a
Clerk. an Office not known to the law and
void, who only authenticated this pretend
ed election by interpolating it into the Jour-
nal of the House. This President, whose
power expired with that of his creator, ar :
rogated that of adjourning it to fixed day
in other words. commanding it to. obey
his Arbitrary rescript. and. at a subsequent
one. the more imperious mandate COM
manded them to proceed to elect Senator's
mo agreement whatever having been had
by the House therefor as to time, place and
manner. ,.s 49,. i...s !. ,.s..
We aver that not only did no usage ex-
ist in indiana. but that in no solitary in /
stance was an election had without the con-
sent of both Houses. fixing time, place &c.,
by law or resolution. While said pretend
ed Convention was in existence, but adj
journed to fixed day, numerous attempts
were made in both Houses to create one by
the members who voted for Messrs Bright
and Fitch. thus offering evidence that they
did not consider that one had heen formed
and was in existence No forced Conven-
tion could be had. Mutual consent was
necessary, and it was never had BY. vote,
which is the only mode of altering the will
of Legislative body.
The history Of joint conventions in Indi-
ara will also show that not other business
s.as ever transacted than that for which it
was specially convened. And we insist
that the validity Of the acts Of Joint Con-