ballot of both houses, on such day and at such place as they may agree upon, a suitable person to serve as senator from this State to the Congress of the United States, for the next succeeding six years; but no person shall be considered elected unless he shall receive a number of votes equal to a majority of all the voters present. SEC. 2. In all such elections the president of the senate shall preside. There shall be two tellers, one to be appointed by the president of the senate, and one by the speaker of the house of representatives, in their houses, respectively, before they meet to conduct such election; notice of which appointments shall be given to each house, respectively, when made, by such messenger as the president of the senate and speaker of the house of representatives may direct; and in voting each member shall be called alphabetically, beginning with the senators; and when voting, it shall be the duty of the secretary of the senate and clerk of the house of representatives to attend and take down the name of each person voting; also, a tally of the votes received by each person voted for as the tellers read the tickets; which tally papers they shall compare after the votes are counted out, and they agree, they shall jointly sign each of them, and hand them to the president of the senate, who, together with the speaker of the house of representatives, shall examine them; and if any one person is elected, he shall, by the president of the senate, be proclaimed duly elected to serve as a senator of this State in the Senate of the United States, for the term of six years from and after the third day of March next succeeding such election; but if no person should be elected, they shall continue to ballot, again and again, until some person is elected: Provided, however, if, after five ballotings, there should be no election, the president of the senate may adjourn such election to some future day during the session. SEC. 3. It shall be the duty of the president of the senate and speaker of the house of representatives to certify to the governor the person elected, whose dut it shall be to give the person so elected a certificate of his election, under his hand and seal of State. SEC. 4. Senators to fill vacancies that may happen in the Senate of the United States shall be elected as herein before directed in this act; and when any vacancy shall happen during the recess of the general assembly, the governor shall appoint a person to fill such vacancy until superseded by a person elected as herein before directed. [Other sections apply to the election of representatives.] PROTEST. To the Senate of the United States: The undersigned, duly elected and qualified members of the house of representatives of the general assembly of the State of Indiana, hereby protest against the pretended election of Jesse D. Bright and Graham N. Fitch, on the 4th day of February, A. D. 1857, as senators of the State of Indiana, in the Congress of the United States, the former for the six years from the 4th day of March next, and the latter for the six years from the 4th day of March, 1855, by a portion of the senators and representatives of said general assembly, for the following reasons: First. There was no agreement of the two houses of the general assembly, by resolutions or otherwise, to proceed to the appointment or election of senators in Congress on said day, or any other day of the present session of the general assembly. Second. There was no joint convention of the two houses of the said. general assembly on said day; nor was there any law of the State authorizing a joint convention on that or any other day for the appointment or election of United States senators; nor was there any resolution, or joint resolution, approved or adopted by the two houses of the said general assembly, or either of them, authorizing such joint con vention. Third. Said pretended joint convention was a mere assembly of a portion of the senators and representatives of the said general assembly, not in a legislative capacity, but as individuals, without any authority of law, without precedent in the history of legislature of the State, and having no legislative sanction; and said senators and representatives, when so convened, had no more constitutional right to appoint or elect senators than any equal number of private citizens of the State. Fourth. There was not a constitutional quorum of either house of the general assembly present in said pretended joint convention, there being only twenty-three senators and sixty-one representatives, when, by the 11th section of the fourth article of the constitution of this State, it requires two-thirds of each house to constitute a quorum to do business; and when, by the law of the State, the number of senators is fixed at fifty, and the number of representatives at one hundred, in said general assembly. Fifth. Because the undersigned, as legally elected and qualified representatives in said general assembly, have been deprived of their constitutional right to assist in the legal election of the senators in the Congress of the United States by said illegal, revolutionary, and unauthorized election. Sixth. Because the legislature of Indiana, as such legislature, either by separate action of the two houses, or otherwise, as such legislature, had no part or voice in such pretended elections, and the same were in direct violation of the third section of the first article of the Constitution of the United States and the fourth section of the said article. Seventh. Because said pretended elections are wholly void. Eighth. Because if said elections are held valid, such decision will destroy the legal existence of the general assembly of this State, and install in its place any mob which may see proper to take forcible possession of the house as a joint convention of the general assembly, without the concurrence of either body, the sanction of the constitution, or authority of law. For these and other reasons which might be named, the undersigned protest against the validity of said pretended elections, and ask that the Senate of the United States may declare them null and void. Given under our hands this 4th day of February, at Indianapolis, A. D. 1857. S. P. Williams, C. M. Stone, N. H. Ballinger, John M. La Rue, Tippecanoe Marcus C. Smith, Elijah Vansandt, ANSWER OF MR. FITCH. The undersigned, a senator of the United States from the State of Indiana, and now acting as a duly qualified senator of the United States, submits to the honorable the Judiciary Committee of the body to whom the validity of his election has been referred, the following, as points upon which he believes and is advised that his own rights and the rights of his State require that evidence be taken and be before the committee, in order to enable them to decide understandingly and justly in the premises: First. That he was elected to said office by a majority of all the members composing the legislature of the State, they being then and for that purpose assembled in joint convention. Second. That he was elected, whilst in such joint convention, by a majority of the legally qualified members of the senate of the State, and of the legally qualified members of the house of representatives, respectively. Third. That in order to ascertain the facts stated in the preceeding point, he will be able, by evidence, to show that three of the persons who are contesting his election were not then, and are not now, legally members of the said State senate, and had no right whatever, under the laws and constitution of the State, to be considered, or, in any particular, to act as members of that body; and that this was at the time, and still is, well known to other contestants. Fourth. That in the organization of said State senate, according to the constitution, laws, and usage of the State, the lieutenant governor presides and superintends the admission of the members, and the taking the required oaths of office. That upon this occasion, in violation of such constitution, laws, and usage, the said three members, who were without the expressly required credentials of election, the certificate of the proper and only returning officer, and whose seats were also known to be contested, and on grounds of fraud, also, known to be true, were, by the presiding officer, chosen for the purpose by the members of the senate, designated as republicans, contrary to all law, and by naked wrong directed, notwithstanding, to be sworn in, and for the clear purpose, illegal and fraudulent in fact, of defeating an election of senators of the United States. Fifth. That the said convention by whom, as herein before alleged, the undersigned was elected a senator of the United States, was assembled in accordance with an express provision of the constitution of the State, and that, in accordance with the long and uniform usage of the State in that particular, the same was adjourned from day to day by the proper presiding officer thereof, and vested with the authority so to adjourn, and that each adjournment was made without objection by a majority of the senate, even considering the three persons aforesaid to have been members of that body being present. Sixth. That there is not now, in said State, as the undersigned is advised, any law for the regulation of the election of senators of the United States, or in any way providing for the same; and that according to the best professional and judicial opinions in the State, the election is to be made by the convention of the legislature assembled under the constitution of the State, to count the votes and decide upon the election of governor and lieutenant governor, as a power necessarily existing in the legislature, and from the obligations of the State to elect senators. Seventh. That before the adoption of the present State constitution there was a law regulating such election, and that although the same was no longer in force the said convention did, as far as it was possible, conduct the present election according to the provisions thereof. The undersigned, in conclusion, submits what, indeed, must be obvious to the committee, that as the witnesses and proofs to the matters above stated are only to be had in the State of Indiana, and can only properly be obtained by careful examination, and under the superintendence of himself, that it cannot be in his power to procure it at this or the approaching extra session of the United States Senate, even were he to abandon his duty as a senator, which he has no right to do, and proceed at once to the place where the testimony is to be had. He further submits, therefore, that the committee will so dispose of the matter now as will enable him and the contestant at a future period to present the entire case fairly and fully before them. FEBRUARY 25, 1857. True copy-attest: GRAHAM N. FITCH. THOS. P. MORGAN, Clerk to the Committee. PROTEST OF HOUSE MEMBERS. Mr. SPEAKER: The undersigned hereby protest against the pretended election of Jesse D. Bright and Graham N. Fitch, on this day, as senators of the State of Indiana in the Congress of the United States, the former for six years from the 4th of March next, and the latter for six years from the 4th of March, 1855, by a portion of the senators and representatives of the general assembly, for the following reasons: 1. There was no agreement of the two houses of the general assembly, by resolution or otherwise, to proceed to the appointment or election of senators in Congress on said day, or any other day of the present session of the general assembly. 2. There was no joint convention of the two houses of said general assembly on said day, nor was there any law of the State authorizing a joint convention on that or any other day for the appointment or election of United States senators, nor was there any resolution or joint resolution approved or adopted by the two houses of the general assembly, or either of them, authorizing such joint convention. 3. Said pretended joint convention was a mere assemblage of a portion of the senators and representatives of the general assembly, not in a legislative capacity, but as individuals without any authority of law, without precedence in the legislative history of the State, and having no legislative sanction; and the said senators and representatives, when convened, had no more constitutional right to elect or appoint senators than any equal number of private citizens of the State. 4. There was not a constitutional quorum of either house of the general assembly present in said pretended joint convention, there being only twenty-four senators and sixty-two representatives present; when, by the eleventh section of the fourth article of the constitution of this State, it requires two-thirds of each house to constitute a quorum to do business; and when by the law of the State the number of senators is fixed at fifty, and the number of representatives at one hundred, in said general assembly. 5. Because the undersigned, as legally elected and qualified representatives in said general assembly, have been deprived of their constitutional right to assist in the legal election of senators in the Congress of the United States by said illegal, revolutionary, and unauthorized election. 6. Because the legislature of Indiana, as such legislature, either by separate action of the two houses, or otherwise, as such legislature had no part or voice in such pretended elections, the same was in direct violation of the third section of the first article of the Constitution of the United States, and the fourth section of the same article. 7. Because said pretended elections are wholly void. 8. Because, if said elections are held valid, such decision will destroy the legal existence of the general assembly of this State, and install in its place any mob which may see proper to take forcible possession of the house as a joint convention of the general assembly, with |