The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-01-23

SEs.-r.zzz-zssrzzzzr.sss zsE.sZzzzszzz,sszRzSA
it Yesterday, and that the same be re-
snectfulIy returned to him, to await the
further action az this General Assembly.
The return of the Message is predt-
Gated on the statement that there was
no Senate in session, and no General
Assembly in session to receive such an
address as contemplated by the Constr
/ tuition.
AS soon as Mr. Holloway delivered the
/ Message to the House, he repaired to the
/ Senate and found the President in the
chair. the clerks at their desks, many
/ Senators in the chamber, and debate 60
ing on.
But suppose the Senate was not in ses-
sion, how does it effect the question:
Both houses were fully organized on the
day before, a quorum. of the members OF
each having been present, and all their
officers having been duly elected and
qualified, of which had been officially
informed.
Each House sits on its own adjourn
ments, and it often happens that one
House will transact important business
and pass bills when the other House is
not in session. Has the validity of such
action ever been called in question, be-
cause the other House was not in session
at the same hour? The validity of the
E action of each House depends upon the
fact that it is part of an existing Gener-
al Assembly, but according to the doc
trine of the resolution there can be no
General Assembly unless each House is
in session at the same hour.
If the position be correct, the action OF
/ the House on the second and third days
i, of the session, while there was no Sen
ate in session, in passing resolutions, IN
Guiding the one sent to me, was clearly
invalid.
d respectfully submit that as a matter
of law, logic and practice, the position is
wholly untenable. What difference could
it make if the Message having been sent
II to the House on one day, was not sent to
# the Senate until the next day, or the next
s. week?
:. On the 9th day of December, 1859,
. Mr. Buchanan set his Message to the
Senate ofthe United States, the House
of Representatives not being organized
is having failed to elect Speaker The
Senate, unable to perceive any objection
received and read the Message.
On Tuesday, the 9th day of January
. inst, Gov. Seymour of New York sen
OF his Message to the Senate, the othel
N House being unorganized, not having
at elected Speaker, and being incapable
a. of transacting any business until its or
= ganization was completed
On the 18th day of January inst you
I'd honorable body passed a resolution, o
O; which 1 quote the first sentence:
"Resotced, By the House (the Senat
concurring) that the thanks of the Gen
IF, eral Assembly of the State of indians
ID are due and are hereby rendered to tn
ID. Hon. Horatio Seymour, Governor of Ne
York, for the able and patriotic defens
- ties 81 GfiRpstitHtiQn, the laws and libel
:, in his late message to the Legislature {
nj that State, and particularly for his jus
ire and high appreciation of the interests
position and patriotism of the grea
ba Northwest"
- The point to which / call your after
PSI ton is that in this resolution your hor
lot orable body have expressly recognize
it the message of Gov. Seymour as havin
. been delivered to the Legislature of Ne
York, although it was delivered only t
III the Senase, the House not being organ
lied
The action of the House, then, stand
ere thus On the third day of the session
err after the complete organization of bot
m the House and the Senate, the House, i
~ resolution, returned my Message, wit
" the accompanying documents, on tn
ed ground that at the time of its deliver
the Senate was not in session, and thel
,od was no General Assembly within tn
Of meaning of the Constitution to receive
This resolution was passed when I'll
am Senate was not in session.
Ter On the 9TH day of the session tn
Ter House passed another resolution than
ing Gov. Seymour for his Message, an
expressly recognizing it as having bee
delivered to the Legislature of Ne
l'e York, although it had only been deli
by erek to the Senate, the House not bein
ng yet organized.
the Having transmitted my Message to th
ION House in a proper and respectful MAJ
~" ner, and it having been, in my iuds
ment, unnecessarily and improperly n
in jected, have nothing further to subm
The at this time.
nd Very respectfully,
O. P MoRToN,
tea Governor of Indiana