Year: 1859

higher character in support of the right of
a sovereign State of the Union to an equit-
able and Constitutional representation in
the Senate of the United States, is a conse-
quenee to which your memorialist cannot
assent. At that time, it was question
whether the applicants for admission should
be allowed the benefits of the evidence pre-
sumed from the possession of credentials at
tested by the seal of the State, without in
quiry as to the validity and regularity of
such authorization, or whether such
authorization, if indeed it appeared regu-
lar, was even essential. Now, however, the
issue is one of broader and deeper signif-
canoe. For, one of the competent, indepen-
dent sovereignties. of the Union declares
that which has been claimed as her act never
to have been done by her and respectfully
submits the question whether she will be
permitted herself to select, among her own
citizens, the persons whom she chooses to
represent her in your branch of the Federal
Legislature or whether unauthorized parties,
acting in revolutionary manner, and in
conflict with the organic law, but assuming
the act for her, in her name, and in her be-
half shall be permitted to choose her repre-
sentative.


Your memorialiSt would here express an
entire and undiminished confidence in the
disposition Of your honorable body to carry
out and exemplify in all your decisions af-
fecting the rights of States, as well as indi-
viduals, the spirit contained in the words of
the preamble to the Constitution of the Uni
ted States. In the full assurance that the
spirit will predominant in this, as in all
other important issues your memorialist APP
prehends no conflict between the national
and State sovereignty, but will cherish, to
the end, the assurances that justice and
equality will prevail throughout, and emil
nently characterize the result of the appli-
cation herein made. With the view of the
matter, your memorialist cannot regard, as
any serious obstacle to an equitable adjust
ment of her right, the decision already made
in behalf of the incumbents. That decision
was made upon "prima fdcie evidence of
an inferior order, while now your memori-
alist comes in her own proper person with
the unquestioned and unquestionable alI-
thority Of an act of her Legislature. Your
memorialist fully appreciates the fact that
your honorable body is the only tribunal
before which such questions can be tried,
and that from its decision there is no APP
peal, there being above and beyond it no
higher or even equal power. But your me-
morialist would seek no other tribunal, or
question the right to the exercise of the
power in the decision that has been made,
but relying OF. that sense of justice which
underlies all of our Institutions but demands
in the tribunal of your honorable body a re-
view or re-hearing, such as the meanest
suitor would not be denied in the highest
judicial court known to the laws of the land.
1t may not be inappropriate for your memo
rialist to suggest that any other course on
the part of your honorable body might be
productive of the most alarming conse-
quences for if any member of the States of
the Union should be so unfortunate as your
memorialist, as to have conferred on indi-
viduals whom they had not chosen creden-
tials of election as United States Senators,
as your honorable body, upon such creden-
tials, would admit them as members, it
would not be sufficient answer to such
States, when applying for redress and de-
manding their rights, that the Senate of the
United STATES had once passed upon the ques-
tion, and that her power was already ex-
! hausted on the subject


Your memorialist holds to the doctrine
that the power lodged in your honorable
body to do justice to and deal equitably
with those who delegated to you that pow
er, can never be exhausted, however often
it may have been exercised, until such JUS
ticc has been done in the most complete and
ample manner. Any other view of that
power would make it an irresponsible, in-
dependent authority, fully armed for ven-
geance and wrong, but powerless for the ac-
| complishment of those wise and benehcent
purposes for which it was established. Re-
| cegnizing in the economy of both State and
federal government the principle that every
thing salutary depends upon the consent of
| the governed your memorialist cannot re-
gard the argument of want of power in
| your honorable body to review and revise
! its decisions as at all in harmony with the
spirit of our institutions, or consonant with
the almost unlimited power delegated to the
! National Legislature. Such a concession,
on the part of the several States, would be
/ equivalent to surrender of those rights,
without which they would cease to be SOW
ereign powers and descend to the condition
/ OF colonies wherein they would be COM
PEELED to the support of a Government in
| which they would be without representa-
ton. With that unfeigned devotion to the
| Union of these States which has hitherto
marked her ready and willing acquiescence


in the expressed will of the National Sover-
eighty, and which, she cherishes the assu-


rance, will ever characterize her attachment
for its undivided dignity and honor, your


memorialist confidently presents and asks


for admission as her legally elected and
constitutionally chosen Senators the per-


sons herein named, whose title to the honor


and claim to the position is thus solemnly


authenticated by the highest and most au-


gust tribunal known to the constitution ot


the State of Indiana.


ResolUed by the Senate, the House o.


Representatives concurring therein; That
the foregoing memorial, certified by tbs


President and Secretary of the Senate, ant


by the Speaker and Clerk of the House O


Representatives, be and is hereby directed


to be forwarded to the Vice President of the


United States, to be by him laid before th'
Senate of the United States.


III ~ n E.HET-500 RRLS