out 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. Given under our hands, at Indianapolis, this 4th day of February, 1857. G. D. Wagner, D. C. Branham, T. B. Slop, Alex. H. Conner, S. B. Ward, J. P. Williams, G. C. Merrifield, A. B. Price, Be it remembered, that on this 5th day of February, anno Domini 1857, personally appeared before me, the undersigned, a notary public in and for said county and State aforesaid, William Grose and George D. Wagner, and made oath that it is true, as stated in the foregoing protest, that the house of representatives of the State legislature, now in session, did not, in any way whatever, by vote, resolution, or otherwise, make any expression in favor of entering into a joint convention for the purpose of the election of United States senators; that the foregoing protest is a true copy of the original, signed by thirty-five of the members of the said house of representatives, with their genuine signatures thereto, and entered upon the journal of said house in the proceedings of this day; that at the pretended joint convention there were twenty-three State senators voting for said Jesse D. Bright and Graham N. Fitch, and no more, and one other senator present but refusing to vote. And sixty-two of the members of the said house of representatives were present and participating in said pretended convention, sixty of whom voted for said Bright and Fitch, and no more, being less than a quorum of the said house of representatives, and less than a majority of the State senators; that these affiants are also two of said protestants and members of said house of representatives, and that the facts, as stated in said protest, are true in substance and matter of fact, to the best of the knowledge and belief of these affiants; and further they say not. WILLIAM GROSE, GEORGE D. WAGNER. Witness my hand and notarial seal this fifth day of February, anno Domini 1857. RICHD. M. HALL, [L. S.] Notary Public. RESOLUTIONS OF THE SENATE OF INDIANA. INDIANAPOLIS, INDIANA, January 29, 1857. The senate being in session, Mr. Cravens, the senator from Jefferson, offered for adoption the following preamble and resolution: Whereas, on the 12th day of January, 1857, whilst the senate was engaged in the discussion of a resolution of the house of representatives, in accordance with section 4 of article 5 of the constitution of this State, which is in the following words, to wit: "The returns of every election for governor and lieutenant governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall open and publish them in the presence of both houses of the general assembly;" which resolution of the house of representatives had fixed the hour of half-past two o'clock for such opening and counting; and whereas, before any decision was had upon said resolution, and before any vote was either taken or demanded upon the same, and one half hour before the time fixed by said house resolution, the lieutenant governor and ex-officio president of the senate and governor elect arose in his place, delivered to the senate a short valedictory, at the close of which he announced in the following words: "I now repair to the hall of the house;" whereupon, without adjournment of the senate, or any other action of the same in relation thereto, he, the said president, descended from the rostrum, and immediately proceeded from the senate chamber, followed by a minority of the senate; And whereas a majority of the fifty senators of which this body is composed, as provided by the constitution of this State, remained in session and under a call of the senate, when it was ascertained that a majority was, but a quorum of two-thirds, as provided by the constitution, was not present, a resolution embodying said facts was introduced and made part of the record of the senate; And whereas this senate continued in session until the return of the absent members, when the aforesaid resolution, with a pending amendment, was concurred in by the senate; And whereas it has been told to the senators, or a majority of the members of this house, that during the absence of the minority of the senators, a meeting was held in the hall of the house of representatives, at which said meeting the returns of the election for governor and lieutenant governor are said to have been opened and published, and at which said meeting, it has also been said, that the lieutenant governor, ex-officio president of the senate and governor elect, was inaugurated as governor; And whereas, when the so-styled inauguration and induction into office of the governor elect, the said president of the senate is also reported to have called to the chair, as presiding officer of said meeting, one of the minority senators, which senator, after the so-called ceremonies of inauguration had been concluded, without authority or instructions so to do by said meeting, is said to have pronounced the joint convention adjourned to meet again at 2 o'clock p. m. on Monday, the 2d day of February next; And whereas there has not been, during the present session of this general assembly, any joint convention, or any determination therefor, or action in relation thereto by this senate; and whereas any joint convention of the two houses of the general assembly must necessarily consist of a quorum of each house-neither house being competent to the transaction of any business in a separate and independent capacity without a quorum, which consists of two-thirds of the members electsuch competency could not be conferred or derived by any meeting of the minority of the senators with the members of the house or the house as such; and whereas it is reported that at such adjourned meeting, or so-called joint convention, it is the design to elect two United States senators; And whereas any such election, by any such unauthorized, illegal, and unprecedented meeting or body, would be inconsistent with the character of this general assembly, in violation of the constitution of this State which does not contemplate or provide for any joint convention for any such election or purpose-insulting to this senate, and highly disrespectful to the Senate of the United States, in view of its recent decision in a like case, and disorganizing and revolutionary in its character; therefore Be it resolved, That this senate does disclaim any knowledge of, or participation in, any meeting or so styled joint convention for the above or any other purpose; and if, at any adjourned meeting of said body, it is proposed to have any election for United States senators, or other officers, or to transact any other business which it might be competent for, or the duty of, this general assembly to elect or perform, this senate does hereby most solemnly and earnestly protest against any such action as wholly unauthorized by this house, without its knowledge, consent or concurrence, and that we will here, as elsewhere, now and forever, repudiate and disown such act or action as flagrantly illegal, and a fraud upon the sovereignty of the people and State of Indiana, Mr. Tarkington moved to refer the preamble and resolution to the committee on the judiciary. Ayes 21; nays 20. The question recurred on the adoption of the preamble and resolutions. Those who voted in the affirmative were-Messrs. Bearss, Blair, Bobbs, Burk, Chapman, Cooper, Crane, Cravens, Crouse, Ensey, Free land, Green, Griggs, Hendry, Hill, Kinley, March, Murray, Parker, Rice, Sage, Stevens, Suit, Thompson, Weir, Weston, and Yaryan-27. Those who voted in the negative were-Messrs. Drew, Fisk, Hargrove, Heffren, Hostetler, Johnston, Mansfield, Mathes, Miller McCleary, McLure, McLain, Richardson, Rugg, Slater, of Dearborn, Slater, of Johnson, Tarkington, Wallace, Wilson, and Woods-20. So the preamble and resolution were adopted. We, Jonathan S. Harvey, principal secretary of the senate of Indiana, and James N. Tyner, assistant secretary of the same, now in session, do solemnly and severally swear that the annexed and foregoing is a true copy of the preamble and resolution introduced into said senate, and the action of the senate thereon, as appears by the journal thereof, and that said journal is correct, so help us God. JONATHAN S. HARVEY, JAS. N. TYNER. Subscribed and sworn to before me, George H. Chapman, a notary public in and for the county of Marion and State of Indiana, this third day of February, A. D. 1857, as witness my hand and official seal. GEO. H. CHAPMAN, [SEAL.] We, the undersigned, senators of the State of Indiana, do hereby certify that the foregoing preamble and resolution, and action of the senate of Indiana thereon, are in all respects true as above stated. David Crane, J. F. Suit, J. F. Parker, Stanley Cooper, Protest of Indiana Senators. FEBRUARY 5, 1857. Whereas, on the second day of February, 1857, there was held in the hall of the house of representatives a meeting purporting to be composed of certain members of the general assembly, which, it is said, was an adjourned meeting of a so-styled joint convention referred to, and characterized, in a certain preamble and protest presented to and entered upon the journal of this senate, January 29, 1857; And whereas said meeting neither entered upon, entertained, or did any other business than, like "the king of the French, with his forty thousand men, march up the hill and then march down again, simply assemble, and, without vote, decision, or order therefor, by the self-constituted, self-elected, or self-chosen president thereof, adjourn to meet again on the fourth day of February, without the specification of any object, reason, or design for such adjourned meeting; And whereas, on the fourth day of February aforesaid, at the hour of 10 o'clock a. m., and whilst this senate was engaged in a regular session in the transaction of its business, the Hon. A. A. Hammond, lieutenant governor and ex officio president of the senate, of his own act, did interrupt and suspend the order of business, to announce that the hour had arrived for repairing to the hall of the house to go into joint convention; Whereupon, as on the former occasion referred to in the preamble and resolution of the aforesaid 29th January, the said lieutenant governor vacated his seat as the presiding officer of this senate, and left the senate chamber, attended by a few of the members of this body, between whom and the presiding officer there seemed to be a perfect understanding, as though both were alike moved by a common impulse-no such convention, and no reason, demand, or call for such convention being known to this senate, nor any action to which this senate has ever been a party being had for the organization of such so-called joint convention; And whereas, when the lieutenant governor, with his attendant senators had left this chamber, it is understood that a meeting of the said lieutenant governor and senators, with a certain number of gentlemen, members of the house of representatives, in the hall of the said house of representatives, over which so-called joint convention, without election, appointment, or expressed desire so to do by the members thereof, it is said that the lieutenant governor presided; And whereas, at said meeting, it is further reported, and by some believed to be true, that a sham, illegal, fraudulent, and disgraceful attempt at an election for two United States senators was had, which, if correctly reported, resulting, as it is said to have done, in the choice by such assembly of Jesse D. Bright and Graham N. Fitch as such senators, can only be regarded as an informal expression of the profound devotion of partizan friends for which expressive election, so significant as it was of party and personal fidelity, neither this general assembly, the laws, nor constitution of this State are in any wise responsible, neither having been consulted nor made parties to the transaction in any respect or manner whatsoever; |