nine senators sworn in. After this the president declared that the senate had a constitutional quorum, and that the senate was organized. I then offered a resolution that Stanley Cooper, senator elect from the county of Rush, be then sworn in. This was adopted, I think, by a vote of 28 to 20, and the oath of office was administered by Lieutenant Governor Willard, as president of the senate, making twenty-five new senators, and, with the senators holding over, twentyfive in number, fifty senators sworn. All these were present, except Captain Alexander, of Owen, who did not arrive on the first day. He arrived, I think, on the second or third day of the session.

Question. What was the number of senators who remained in their chamber on the 12th of January, 1857, at the time of the counting of the votes for governor and lieutenant governor in the hall of the house of representatives; and did any of the republican or American members attend as part of said joint convention?

Answer. When Governor Willard, with the democratic senators, left the hall, as he declared, to be invested with the office of governor, the republican and American members remained in their chamber; the secretary was directed to and did call a roll of the senators, and twenty-seven senators were found present, and no republican or American senator was present in the pretended joint convention to participate in its action. If, as Governor Willard states in his deposition, Messrs. Sage, Weir, and Freeland, were within the bar of the house at any time, they were certainly there merely as spectators; I know they were as loud and earnest in their denunciations of the course of Willard as any of us.

Question. What is the constitutional number of votes required to declare a member's seat vacant?

Answer. A majority of senators present, if a quorum; the rule is different from expulsion; to expel a member, by the constitution, requires two-thirds of all the senators elected; to declare a seat vacant, requires a majority of a quorum, which, in our senate, is thirty-four. Original examination resumed by Henderson, as friend of Bright and Fitch.

Question. Did you see Senators Sage, Weir, and Freeland in the senate chamber all the time the votes for governor and lieutenant governor were being counted?

Answer. Of course I did not see them all the time; but what I mean to say is, that, as senators, they did not attend that joint convention to participate in its deliberations.

Question, by same. Please state if, after the election of United States senators, you, Mr. Cravens, and other republican senators, did not complain of and denounce Senator Weir for having attended the convention after two hours, contrary to the agreement and understanding of the republican members.

Answer. On the 29th day of January preceding the pretended election, the senate had adopted a protest and resolutions against any such joint convention; and among ourselves, as Americans and republicans, we had taken strong. grounds against any such sham election, and I am very sure we denounced Mr. Weir for his conduct in attending such convention so called.

C. D. MURRAY.

William Henderson, esq., as the friend of Messrs. Bright and Fitch, proposed to examine, on behalf of said Bright and Fitch, Dr. John S. Bobbs and John D. Defrees, esq., to which the contestor, Charles D. Murray, esq., objected, and his objection was sustained on the ground that said Bright and Fitch had not, nor had any one on their behalf, given any notice of the taking of the same, as required by the resolution of the Senate.

STATE OF INDIANA:

I, Stephen Major, judge of the fifth judicial circuit of said State, certify that the foregoing depositions of his excellency, Ashbel P. Willard, William Sheets, Oliver H. Smith, and Charles D. Murray, esquires, were duly taken before me on the sixth, seventh, eighth, and tenth days of May, instant, at the senate chamber, in the capitol building, in Indianapolis, in pursuance of the accompanying notice and copy of resolution of the Senate of the United States, except the cross-examination of Charles D. Murray, and his re-examination in chief, which were done in the supreme court-room, in said capitol building, by consent of the contestors, and of Henderson, as the friend of said Bright and Fitch, it being more comfortable and convenient for such purpose than the senate chamber; that said Willard, Sheets, and Murray wrote their several answers to the foregoing questions propounded to them, in my presence, and Oliver H. Smith read off his several foregoing answers to the questions propounded to him, in my presence, as his answers thereto, the same being in his own handwriting.

That the foregoing witnesses were by me first duly sworn or affirmed, as required by law, before they severally deposed as aforesaid; and that one or more of the contestors, Charles D. Murray, Dr. John S. Bobbs, and John R. Cravens, were present at the taking of said depositions; and that Daniel W. Voorhees, Samuel C. Wilson, and William Henderson, esquires, as the friends of Messrs. Bright and Fitch, were present part of the time, and one of them all the time, during the taking of said depositions.

In witness whereof, I have hereunto subscribed my hand, this 10th day of May, A. D. 1858.

AFFIDAVITS.

STEPHEN MAJOR.

WASHINGTON COUNTY

88.

District of Columbia,

Richard D. Slater, being duly sworn, says, that he was a senator from the county of Dearborn, in the State of Indiana, at the session of the legislature commencing January 8, 1857. He was in his seat on the day mentioned, and saw Lewis Burke, a senator from the county of Wayne, enter the desk of the presiding officer, (Lieutenant Governor Willard being at his post, calling the senate to order, in accordance with the constitution, and according to the rules and usages of that

body,) and usurp the right to make a like call to order, and to attempt a separate organization of the republican members of the senate. That while Governor Willard was calling or directing a call of the roll, the said Burke was alongside of him making or causing a like call to be made. That the newly elected democratic members of the senate came forward and were sworn by Governor Willard, according to the rules and usages of that body, and that Stanley Cooper, John S. Bobbs and Isaac A. Rice, republicans, claiming seats, but whose right to seats was contested, came forward and were sworn, by order of said Burke, by Judge Gookins, a republican member of the superior court, in violation of the rules and usages of the senate. Pending this disorganizing movement, the lobbies of the senate chamber and the avenues leading to the seats of senators were filled by a noisy, disorderly crowd of persons, who seemed to have been selected for that occasion, encouraged and led on by James H. Lane, of Kansas.

This affiant further states that he is and has been a member of the Indiana State senate for the last five years, and at one time was chosen its presiding officer, and has no hesitation in saying that the induction of the three senators above named into office at the time and in the manner done was in violation of law and the rules and usages of that body; and he further states that at the session of the joint convention preceding the election of United States senators, and at the one at which such election occurred, several senators (certainly three or four) were in attendance in the hall of the house of representatives who did not respond to their names, and whose names consequently are not recorded as participating in the proceedings; and he further states that when the first sittings of the joint convention adjourned it was by unanimous consent, and with a full knowledge that at the last adjourned session of the convention, United States senators were to be elected.

This affiant further states that he is now and has been for some time past sojouring in the city of Washington.

R. D. SLATER. Signed and sworn to before me, this 19th day of April, 1858. A. K. ARNOLD, Justice of the Peace.

Cyrus K. Drew, being duly sworn, doth depose and say: That he was a senator from the district composed of the counties of Vanderburg and Posey, in the State of Indiana, at the session of the legislature commencing on the 8th day of January, 1857, and was in his seat on the said day. Lieutenant Governor Willard, the constitutional presiding officer of the senate, called the senate to order, in accordance with the rules and usages of that body; simultaneous with such call upon the part of the said Willard, on motion of

a republican senator, Lewis Burke, another republican senator, took a seat by the side of the said lieutenant governor, in a chair placed there

for that purpose by James H. Lane, of Kansas, who appeared to escort Burk to the seat aforesaid. While Lieutenant Governor Willard was calling or directing a call of the roll, said Burk was attempting to usurp his (Willard's) authority, by making, or causing to be made, a like call through John R. Cravens, another republican senator, who was pretending to officiate as clerk, appointed as such in the same illegal manner as Burk; although the regular clerk was at his post in the discharge of his duties. The newly elected democratic members of the senate came forward and were sworn by Lieutenant Governor Willard, according to the rules and usages of that body. The republican members of the senate refused to respond to their names when called by Lieutenant Governor Willard, or under his directions; but Stanley Cooper, John S. Bobbs, and Isaac A. Rice, republicans claiming seats, but whose right thereto was contested, came forward and were sworn in by order of and under direction of said Burk, in violation of the rules and usages of the senate. Although the republicans of the senate refused to permit investigation into the right of the above named men to seats, this affiant, being a member of the senate committee on elections and having examined their right, believes, and subsequent investigation has proved, they were not legally entitled to seats.

While these disorderly and illegal proceedings were being had within the bar of the senate, the doors and lobbies of the senate chamber and the avenues leading to the seats of senators were filled by a boisterous armed mob, who seemed to have come there for the purpose of overawing the lieutenant governor and the democratic members of the senate, and to be acting under the direction of the aforesaid James H. Lane.

This affiant further states that three or four republican senators, who did not respond to their names, and whose names, consequently, are not recorded as participating in the proceedings, were, nevertheless, present in the hall of the house of representatives at the session of the joint convention at which United States senators were chosen, and at the previous sessions thereof. And this affiant further states that the two first sessions of the joint convention adjourned to a day certain, by unanimous consent, and with a full knowledge upon the part of every senator and representative that, at the last adjourned session, United States senators were to be elected.

This affiant further states that he is now temporarily in Washington city, and is about leaving for Minnesota Territory, without returning to the State of Indiana; and that he intends to make Minnesota his future residence.

CYRUS K. DREW.

Signed and sworn to before me this 16th day of April, 1858.

Rep. No. 275--2

A. K. ARNOLD,
Justice of the Peace.

WASHINGTON COUNTY, 88.
District of Columbia,
}

William J. Cullen, being duly sworn, doth depose and say: That he was a representative from the county of Cass, in the State of Indiana, in and during the session of the legislature of the said State, commencing on the 8th day of January, A. D. 1857; that upon the organization of the house he learned that there was difficulty in organizing the senate; that with difficulty he made his way into the senate chamber, which he found a scene of disorder and confusion. A mob was in possession of the lobbies. Lieutenant Governor Willard was in the chair, endeavoring to preside over the senate and preserve order. By his side sat another man whom this affiant afterwards learned was Lewis Burk, republican senator from the county of Wayne, and who was disputing with Lieutenant Governor Willard the right to preside and swear in members of the senate. This affiant was present at the three several sessions of the joint convention, by which United States senators were elected. Its first two sessions were adjourned by the presiding officer, with the unanimous consent and full knowledge upon the part of the members of the said convention; that at the last adjourned session of the convention aforesaid United States officers were to be elected. The election of United States senators at the third and final session of the joint convention was universally understood, as this affiant believes, by the members of both political parties comprising the general assembly, to be the special order and business of the said third session; and that knowledge and understanding existed for some considerable time previous to the sitting of the said third session of the joint convention at which the United States senators were elected.

And this affiant further states that at the three several sessions of the joint convention aforesaid, several republican senators were in attendance, but refused to respond to their names, who did not participate in the proceedings.

And this affiant further states that he is temporarily in this city, (Washington,) and is about to return to the Territory of Minnesota, of which he is a citizen, and has been for some months past.

W. J. CULLEN. Signed and sworn to before me this 19th day of April, 1858. A. K. ARNOLD, Justice of the Peace.

Copy of the law formerly in force.

AN ACT for the formation of congressional districts and for the election of senators and representatives in Congress. Approved January 7, 1831.

SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That when the term of any senator in Congress is about to expire, it shall be the duty of the general assembly, at their session last preceding the term of service of such senator, to elect, by joint