And whereas, in order that the said lieutenant governor might avail himself of the opportunity of assuming the right of power to preside over the deliberations of said meeting, or unauthorized joint convention, he did, without permission from this senate, leave the chair; which, it is also assumed by said lieutenant governor, is, and was an adjournment of this body, which assumption is in direct contravention of the constitution of this State.-(Art. IV, sec. 10, wherein it is declared that "each house when assembled shall determine its own rules of proceeding, and sit upon its own adjournment;") And whereas, any action of the president of this senate, or its members, in any such meeting as aforesaid, is, and was, in direct conflict with rule fifty-four of the standing rules of this senate, which reads as follows: "In all joint meetings of the two houses of the legislature, convened for a specific purpose, it shall be incompetent for this body, or its members, to engage in such joint meeting in the transaction of any other business than that for which they were so specifically assembled." No joint meeting having been agreed upon by or between the two houses of this general assembly nor any declared business or object of such assembly; And whereas, during the time such unauthorized and unlawful meeting was engaged in such illegal election, this senate was in session, a presiding officer having been appointed pro tem., until the same was adjourned by a vote of its members, as will be seen by reference to its journal; And whereas such so-called joint convention was not called into existence by any action to which this senate was a party, nor even composed of a quorum of either house of this general assembly, but deriving its powers and vitality from violence, disorder, and fraud: we do, therefore, most solemnly and earnestly protest against the action, doings and resolves of said so denominated joint convention, and on behalf of the people and sovereignty of this State would invoke the indignation and judgment of all men, whether in authority or as citizen subjects, upon any and all such elections, as unconstitutional, revolutionary and void, and would further ask this senate to direct its secretary to transmit, immediately, two copies of this preamble and protest to the United States Senate, one to the president of that body, and the other to Judge Trumbull, senator from the State of Illinois. John R. Cravens. D. R. Bearss. Walter March. Daniel Hill. SENATE CHAMBER, Indianapolis, Indiana, February 5, 1857. I, Abram A. Hammond, lieutenant governor of the State of Indiana and ex officio president of the senate, do hereby certify that the foregoing is a true and correct copy of the protest, as appears of record on the journal of the senate of the State of Indiana for the 5th day of February, A. D. 1857; and I would furthermore state, that in signing this certificate, I do not wish to be understood as certifying to any of the facts contained in said protest. We, Jonathan S Harvey, principal secretary, and James N. Tyner, assistant secretary of the senate of the State of Indiana, now in session, do solemnly swear that the annexed and foregoing is a true and correct copy of the protest, as appears of record on the journal thereof for the 5th day of February, A. D. 1857; and that the twenty-seven senators whose names appear in connexion with said protest are all members of the Indiana State senate the present session; and that the said senate has not, by resolution or otherwise, during the present session, given its assent to go into, or participate in, any joint convention for any purpose whatsoever, so help us God. [L. S.] JOHNATHAN S. HARVEY, In witness whereof, I have hereto affixed my hand and nota- Extract from House Journal. Notary Public. WEDNESDAY MORNING, February 4, 9 o'clock. House met. The journal was read. Mr. Blake arose to a question of privilege, objecting to the placing on the journal of the house the protest of Mr. Gordon and thirty-eight others, representatives, from the fact that the protest is not such as is contemplated by the constitution, and, also, that it was couched in censorious and abusive language. Messrs. Grose and Gordon arose to a question of privilege. The speaker declared them severally out of order, from the fact that Mr. Blake was now speaking to a question of privilege. The hour for the meeting of the joint convention of the two houses of the general assembly having arrived, the senate, preceded by the lieutenant governor, appeared within the hall of the house, where seats were provided for them on the right of the speaker's chair. Upon calling the convention to order, the president, with the consent of the joint convention, appointed Solon Turman secretary thereof, who was duly sworn in as such by the Hon. Samuel Perkins, one of the judges of the supreme court, and entered upon the discharge of his duties. The chairman addressed the convention as follows: GENTLEMEN: Pursuant to adjournment on Monday, February 2, 1857, we are assembled in joint convention, under a provision of the constitution of the State of Indiana, and you will now proceed to choose a United States senator, by a "viva voce" vote, to serve as such until the 4th of March, 1861. Mr. Walpole nominated Graham N. Fitch. Those who voted for Graham N. Fitch were Messrs. Alexander, Brown, Drew, Fisk, Gooding, Hargrove, Hefren, Hostetter, Johnston, Mansfield, Mathes, Miller, McCleary, McClure, McLain, Richardson, Rugg, Slater, of Dearborn, Slater, of Johnson, Tarkington, Wallace, Wilson, and Woods, of the senate. The senator from Laporte, Mr. Weir, voted blank-1. Messrs. Abel, Adams, Allen, Ayres, Bethell, Blake, Bowman, Branson, Brown, Bryan, Carnahan, Clark, Claypool, Conduitt, Crowe, Cullen, Davis, of Sullivan, Denby, Dobbins, Duncan, Early, Edson, Harrison, Herod, Hoagland, Humphreys, Kerr, Landiss, Lane, Lewis, Massey, Marvin, Modesitt, Moore, McDannel, McDonald, of Fountain, McFarland, McGinnis, McKinney, Neff, Reese, Reyman, Ricketts, Robbins, Schermerhorn, Sherrod, Shoulders, Slicer, Smith, of Bartholomew, Stillwell, Studabaker, Taggart, Trippet, Wallace, Walpole, Wiley, Williams, of Knox, Williamson, Yater, and Mr. Speaker of the house of representatives-83. Messrs. Hayden and Wright voted for George G. Duna-2. Graham N. Fitch having received a majority of all the votes of the members of the general assembly of the State of Indiana, was declared by the president of the convention duly elected United States senator from the State of Indiana, to serve as such until the 4th of March, 1861. The president then announced that the joint convention would now proceed to choose a United States senator by a viva voce vote, to serve as such from the 4th of March, 1857, until the 4th of March, 1863. Senator Slater nominated Hon. Jesse D. Bright. Those who voted for Jesse D. Bright were Messrs. Alexander, Brown, Drew, Fisk, Gooding, Hargrove, Hefren, Hostetter, Johnston, Mansfield, Mathes, Miller, McCleary, McClure, McLain, Richardson, Rugg, Slater, of Dearborn, Slater, of Johnston, Tarkington, Wallace, Wilson, and Woods, of the senate. And the senator from Laporte, Mr. Weir, was present, but refused to vote for any one. Messrs. Abel, Adams, Allen, Ayres, Bethell, Blake, Bowman, Branson, Brown, Bryan, Carnahan, Clark, Claypool, Conduitt, Crowe, Cullen, Davis, of Sullivan, Denby, Dobbins, Duncan, Early, Edson, Harrison, Herod, Hoagland, Humphreys, Kerr, Landiss, Lane, Lewis, Massey, Marvin, Modesitt, Moore, McDannel, McDonald, of Fountain, McFarland, McGinnis, McKinney, Neff, Reese, Reyman, Ricketts, Robbins, Schermerhorn, Sherrod, Shoulders, Slicer, Smith, of Bar tholomew, Stillwell, Studabaker, Taggart, Trippet, Wallace, Walpole, Wiley, Williams, of Knox, Williamson, Yater, and Mr. Speaker of the house of representatives-83. Messrs. Hayden and Wright voted for Richard W. Thompson-2. Jesse D. Bright having received a majority of all the votes of the general assembly of the State of Indiana, was declared by the president of the joint convention duly elected United States senator from the State of Indiana, to serve as such until the 4th day of March, 1863. The president then adjourned the joint convention, to meet in the hall of the house of representatives, on Wednesday the 11th instant, at 3 o'clock, p. m. I certify that the foregoing journal of the proceedings of the joint convention is correct. SOLON TURMAN, Secretary of joint convention. On motion by Mr. Walpole, the house adjourned. Mr. Blake offered the following resolution: Resolved, That the committee on the judiciary be directed to inquire whether the protest entered upon the journal of yesterday contains matter inexpedient or scandalous. Mr. Walpole offered the following amendment: Resolved, That the paper presented to this house by one of the representatives from Marion, on behalf of himself and others, purporting to be what they call a protest, be referred to a select committee of five for said committee to inquire: 1. Whether the same contains the facts? 2. Is it competent for the signers to protest against the acts specified in said paper? 3. Is it decorous towards the senate? 4. Is it truthful and decorous towards individuals referred to? 5. Is it not untruthful in the recapitulation of stated acts? 6. Is it not untruthful as to the acts of the senate and the now lieutenant governor ? 7. Is there any constitutional right of a member of one branch of the general assembly to protest against the acts of a joint convention of the two houses? and said committee be instructed to report at an early day of the session. Pending which— On motion by Mr. Wright, the house adjourned. Be it remembered, that personally came before me the undersigned, a notary public in and for said county and State aforesaid, William Grose, and made oath that he is a member of the house of representa tives, of which the foregoing transcript purports to be a copy of the proceedings of the same, on Wednesday, the 4th of February, 1857. That the same has been furnished to him by the officers of the said house as a true transcript of the proceedings of said house on the said 4th day of February, 1857, and which he believes to be a true copy of the journal of the house of the proceeding as now recorded and on file in the possession of the officers of said house; and further says not. WILLIAM GROSE. Sworn and subscribed to before me. In witness whereof, I hereunto set my hand and seal notarial, this [L. S.] 12th day of February, 1857. RICHARD M. HALL, Notary Public. TRANSCRIPT OF SENATE JOURNAL, MONDAY, JANUARY 12, 1857. The senate met. MONDAY MORNING, 9 O'CLOCK, January 12, 1857. The journal of Saturday was read. Resolved, That the committee on the judiciary be instructed to inquire as to the right by which Leroy Woods holds his seat as senator from the county of Clark; and whether he has been elected, appointed to, or acted in, any other official capacity, or held or received the emoluments of any other lucrative office, or office of trust and profit, since his election to the office of senator. That said committee have power to send for persons and papers, and that they report the facts to this senate as soon as possible. On motion by Mr. Wallace, Resolved, That the judiciary committee be instructed to examine whether there is any statute of this State conferring upon a judge of the supreme court authority to administer oaths, except while sitting as a member of said court; and if so, to cite in their report the volume, page, and section, in which such authority is found; and that they be further instructed to report without delay. Mr. Wallace offered the following preamble and resolution: Whereas, on Friday last, upon the reception of the message from the house, inviting the senate into the hall of the house of representatives, to hear the annual message of his excellency Governor Wright, the senate adjourned, on the motion of the senator from Howard, (Mr. Murray,) without action in response to the invitation, whereupon the democratic senators proceeded alone into the house, inside the bar, and heard the message; wherefore, to avoid a similar discourtesy Resolved, That when the invitation is received from the house today informing the senate that the house is ready to go into joint convention to witness the opening and publication of the returns of the election of governor and lieutenant governor, according to the requirements of the constitution, that the senate do forthwith proceed in a Rep. No. 275-3 |