Year: 1859

/ Indiana Memorial to the U. 8. senate.


The following is the memorial presented
to the Senate of the United States, upon the
/ election of Bright and Fitch, adopted by
both Houses of our Legislature, and sent to
/ Vice Presidant Breckenridge, and read in
the Senate on Monday last.


TO the Honorable, the Senate of the United
States:


The State of Indiana, by the Senators and
Representatives in General Assembly con-
vened, weuld respectfully represent to your
honorable body, that as she is not now, and
has not been for some time, represented in
the Senate of the United States, that it is to
her wish and desire that the Hon. Henry S.
Lane and the Hon. William Monroe McCarty
be admitted to seats in the Senate of the
United States, as the only legally elected
and constitutionally chosen Senators of the
State, and that they were so legally elected
and constitutionally chosen ON the 22d day
of December, 1868, in compliance with the
provision of a concurrent resolution.


Your memorialists, as one of the sover-
eign powers that compose the Union, to the
existence of which it is essential that equal
and exact Justice should be measured out to
all in order to secure the harmony of the
whole and perpetrate the mutual confidence
that should actuate each in its inter-
course with the others, would invoke your
attention to the fact that the commission
has not bee. awarded to any persons, other
than those herein named, since vacancy
has occurred in her representation in your
honorable body. To tse end that your me-
morialist may be more fully understood, it
is but just and proper that concise state
ment of the facts, upon which your memo
rialist bases the ~propriety of the course
which she has taken in the premises, be
now submitted for the consideration of
your honorable body. In doing so it will
be necessary to go back a little in your own
as well as her history. In January of the
| year 1855, regular session of the General
| Assembly of this State, in accordance with
| the provisions of the Constitution, was con-
vened at indianapolis. As her Constitution
provides that the Sessions of the General
| Assembly should be biennial, no other regu-
lar session would occur until January, 1857.
On the 4th of March, 1855, vacancy was
| to occur in the Senate of the United States
by the expiration Of the term of one of her
Senators. To supply this vacancy it was the
duty of the General Assembly of 1855 to
provide by choosing some one of her citi-
zens to serve as such Senator. The General
i Assembly adjourned upon the expiration oi
| the time allowed by the Constitution with
out having elected, chosen or designated
/ any one to act as her Senator in youl
branch of the National Legislature Thus
| your memorialist was without her constitu-
tional representation in your body There
was not any other session of her General
l4Assembly, although provision is made in
her Constitution for an extra Session when.
ever, in the opinion of her executive officer
it may be deemed necessary to convene the
Senators and Representatives, for two years
In January of the year 1857, the Genera
Assembly of your memorialist was again
convened on the 4th of March, 1857, ant
4 before the adjournment of this session o.
the General Assembly another vacancy wa!
to occur in your honorable body by the ex
| piration of the term of the only remaining
Senator of your memorialist Your honor
able body will now perceive that it wal
clearly the duty of this General Assembly
at its present session, to provide that a
choice should be made of two of the citi
zens' of your memorialist to supply tn,
vacancy that had already, in part, and soon
|
Congress of the United States.


In this connection, it may not be impro-
per to inform your honorable bsdy tina
there had been no statutory provisions by
the Legislature of your memorialist, regulat
ing tho choice or election of United States


Senators by her General Assembly, since th,
adoption of her present Constitution. Henc,
any election which should take place would


of necessity be governed by the provisions


of the Constitution of the United States ant


of this State. In addition, also, the binding


force of the Constitution of the United State


as the supreme law of the land, the Legisla


ture of your memorialist did enact that


among the laws governing this State should


be, first, the Constitution of the United


States. (See Revised Statutes, volume


page 341). Then as your memcrialist wa


without any law on this subject other thai


that contained in the Constitution as abov


named. it would be unnecessary to direct tn


attention of your honorable body to the pro


visions of section 4, article / of the Con sti
tuition of the United States; as also sectio


of the same article. Your memorials


would further represent that, since the re
quirements of the Constitution of the Unite
J States, in the choice of Senators of the Uni


ted States, as above referred to, is given th
Legislatures of the several States, the Con
stitution of Indiana clearly defines her Leg
,, islature, and declares of what it shall consis
| (See Constitution of Indiana, art. A, sec.
see also sec. IL of art. 4, which is furthe
descriptive of what is essential to constitut


a body capable OF transacting legislativ
business).


From what has been shown of the law
. will be obvious at once that the only rule b


which your memorialist could be governe


in the choice of persons to act as her Sena
tors will be found in that provision of til


Constitution of the United States which +,
) quires such choice to be made by the Legi


lature; and as the terms legislature an


legislative power had been defined by ii


organic law of this State, it will be no diff


cult matter to ascertain wherein the law hs
!; been complied with or disregarded in an


case that may have been, or will be presen


ed for the consideration of your honorab


body.


a Your memorialist is now prepared for Il
e assertion that the persons now assuming


represent her in the Senate of the Unite