Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-01-29
Governor Morton's Reply to the Re-
quest Of the House for the Re-De-
livery Of his Message. auas s8l n9-
STATE OF INDIANA EXECUTIVE DEP'T,)
INDIANAPOLIS. Jan. 19. 1868.
To The House Of Representatives s9 ~

INDIANAPOLIS, Jan. ~, 1868. n asl
To The Hoase Of Representatives $40 ~
- a of the State of Indiana;
On Friday, the second day Of the ses-
sion, l sent my Message to the House,
with all due respect. under the following
circumstauces:-The message had been
prepared to be read in the presence Of both
Houses. and expected to have delivered
| it, at the ordinary time. which is on FRI
day the second day OF the session, at Up.
m, ana in this expectation advance copies
had been sent to tho press at various places
! and it would appear in the papers on Sat-
urday morning. ~ hra .tannsI Gus III
Immediately after the visit Of the Com
miitee on Friday afternoon, / was assured
that there was no prospect Of q Joint Con-
vention on that afternoon or at any other
time soon. to receive the Message. and at
once determined to send it in print 10 each
Honse. -r ssI4aa43 fefs lsIsai8t b. "a
! Such course was clearly constitutional.
and in accordance with the practice in the
Federal and most Of the State Govern
ments- ii ais.a IS '.1sfr d.n< P. ifff sf
On Saturday. the third day of the ses-
sion. received the following resolution,
adopted by your Honorable Body: et.
! Resoired. AS there was no Senate in
session, ani no General Assembly to re-
ceive such address as contemplated by tie
Const il ion. that this House declines to
receive the Message Of His Excellcncy the
| Governor communicated to it yesterday,
and that the same be respectfully returned
to him. to await the further action Of this
| General Assembly. rs.1 : -, i...i...,
The return OF the Message is prelicated
on the statement that there was no Senate
in session. aud no General Assembly to re-
ceive such an address ss contemplated by
the Constitution. -. 80 -.sift,r. ,..... --...
AS soon as Mr. Holloway delivered the
Message 10 tue House. he repaired to the
Senate ard found the President In the
clair. The clerk, al their desk, many Sena-
tors in the chamber. and debate going on
But suppose the Senate was not in ses-
sion. how does it affect the question:
Both houses were fully organized on the
day beloie, quorum Of the members Of
each having been present anil their officers
having Teen duly elected AMI qualified. Of
which had been officially informed. "
Each House sits on its own adjourn
ments, and it often happens that one House
will transact imp ortant business and pass
bills when the other House is not in ses-
sion. Has the validity Of such action ever
! been called in question. because the other
House was not in session at the same hour?
Tie validity OF the action of each House
derends upon the fact that it is part of an
existing General Assembly. but according
TO the doctrine Of the resolution there can
be no Genera Assembly unless each House
is in session at the same hour
II the position Le correct. the action OF
the House on the second and third days OF
the session. while there was no Senate in
Session, in passing resolutions. including
the one sent to me. was clearly invalid.
respectfully submit that matter of
law. logic and practice. the position is
wholly un:enable. What difference could
it make il the Message having been sent to
the House on one day, was not sent to the
Senate until the nex, day. or tho NJ xt week ?
On the 9th day oil December. 1859,
Mr.. Buchanan sen, his message to the Sen
ate OF the United States, the House Of Rep
,eseniativcs not tc:ng organized, having
failed 10 elect Speaker. The Senate. un-
able to perceive any o:je-tion. received and
read the Message. '''
On Tuesday. the 9th day OF January
inst. Gov. Seymour OF New York sent
Lis Message 10 the Senate, the other House
being uaotyanized. not having eleclel a
Speaker, en- being incapable of transact.
ing any business until its organization was
completed. z a1 s1sia IfE5ee4
On tie 18th day OF january inst. your
honorable body passed a resolution, ol
which quote the iirst sentence
"Resoired. BY the House (the Senate
concurring) that ihe ihanks Of the Gener-
al Assembly OF the State of Indiana are
due and are hereby rendered TO Hon. Ho-
ratio Seymour. Governor of New York.
] for the able and patriotic defense OF the
Constitution. the laws and liberties Of the
American citizen, contained in his late
message to the Legislature Of that State
and particularly for bis Just anl high ap.
preciation OF the interests. position and
patriotism Of the great North We %
The point to which / call you attention
is that in this resolution your honorable
J, body have expressly recognized the mes.
snge Of Gov. Seymour as having been do.
livered to the Legislature of New York
although it was delivered only to the Sen.
ate. the House not being organized. 7aa
The action Of the House, them, stand,
'hus: On the third day Of the session. after
; the complete organization of both ths
House and the Senate, the House, by reso-
: lusion. returned my Message. with the &c.
companying documents. on the ground
that at the time Of its delivery the Senate
was not in session. and there was no Gen.
eral Assembly within the meaning of the
Constitution to receive it.vaaK sdl 70 ss3s
This resolution was passed when the
Senate Was not in session. assussss s6r
l. On the 9Th day OF the session the House
passed another resolution thanking Gov
Seymour for his Message. and expressly
recognizing it ss having bsen delivered to
the Legislature Of New York, although il
had only been delivered to the Senate, the
House not being yet organized. d
T. Having transmitted my Message to, the
House in . proper and respectful manner,
and it having been in my Judgment. unneo-
essariIy and improperly rejected. have
nothing further, to submit at this time.
- Very respectfully,