, 1869-05-17
THE BRIGHT ANN R7Tcu c.cp


Il there has been any irreeuls.itv in mt;
flying the Fifteenth Amendment in 1nd;ano
The blame rests on the revolutionary Con.
perheads and not On the Republicans. who
nave done their du:T. After the precedent
set by the Democrnts of that Stnte. in tbe
| election Of Ur'ts. State3 Senator in Ja57
It does not become them to raise the ones.
ton OF lrregularity, as statement of tbat
case Will show. A majority of the State
Senate Mt that time were Republicans, who
cast the vote Of the Senate for Lane and
Morton; while the House, which was nm
uef Democratic control, voted for Bright
aud Fitch On joint ballot the DEM
ocrats would hare majority
put The Senate refused to go into a ioipt
session with the House. Thereupon the
democratic minority OF the Senate marched
oSes to the House, and, uniting with the
Oemocrats there, proceeded 70 elect Fitch
ana Bright Senators to Congress, casting
TOT them a majority OF the votes Of both
houses conjoinly. Their seats were con.
tested on the ground that only minority
OF the Senators had voted in the Joint
sass1on, and, therefore, they were not le-
gahy elected It was not pretended that
quorum Of the Senate, or oven majority
of it, took part in tho joint session. Never
theleas, twas decided by the Senate Of the
United States that Fitch and Bright we're
duly elected, because majority of al,
the members elect had voted for them.
and that, in the election Of United States
Senators, Congress was not bound by
the proviAona Of State Constitutions
made to govern ordinary State legislation.
such WIS the decision Of Democratic Sen
ate' Vice President Brechnridge presiding.
In the case before us majority
Of full house of each branch of
the 1naiana Legislature voted for
the ratification Of tho Fifteenth Amend
ment, and moro than quorum Of all the
members claiming, orentitled to, scnts when
the vote WIS taken. were present in each
house, and took part in the proceedings.
The indianapolis eJournal thus states the
Bright and Fitch contest
,.n.,l Inc onII 9H}cctto1 that can be male Is the
failure u the House Of Representatives to comply
WIN lolm Q! the constitution Of the 5tate, which
requires ~ o-thtrds to be present 70 witness the
aCuou Of The majority. 50 lar as the General Gov
ethment Is concerned II f. hot within the power
OF any state to limit the right rs our constitution
would DO II could To force the forms 1t limoges
!of ltS oEn business upon that which 1t does for
The United States Our own constitution |
may prescribe that for our own BUSINESS |
tMo-ih!na Of tho Lcgtslaturc must be nrcs. I
en-, iMt It cannot say to Congress that II two !
thitIs art not present the action shal not he ac
certcd " that OF the State. The Senafe OF the !
United Sta1es settled this ct.ct3,alY In tnc nefnn
ta1lt case Of JesSe d. Bright and Graham n.
Fitch, elected Senators By joint convention OF a
majority Of the whole number Of members or the
Legislature, but convened By the vote and consent
o ~ oas hottt and with but rsariy OF the other
house present. Here there WIS totally facktay the
10TH OF consent to the electoral conveut:11 bv
house to give validity 10 the acrton OF that con
sc1tion. Yet tho Senate helt that, as . majority
of the one hundred and ntty mcmtess who com-
pose ho1h houses WaH present. there MAS the sub.
stance OF the State Authority presept and the |
substantial power Of the State having betn extr- |
s!sed, though in disregard Of fosuaa tho United
>tases would recognize and accept It, In the pfes.
snt case majority OF both houses, one by full
compliance even with the forms OF the state Con-
.iltntou, the other by the majority required
y the state Constitution, but In disrrgarl
,tded 10 be untmportant have ratified the amend
nent The substance OF the State authority, anf
portion even OF the non-eksentiM Stale forns,
kere present and exercised in the acI II the
5f1Sht and Fitch election wn8 valid thls r1tnca-
ion Is a fortia,1 ya1il It viii be 30 accepted by
-ongre4a, We have no doubt aud VIC don't think
Ky Reasonable and candid man has any doubi
jvcr." "eS33 40 |