IN SENATE.
MONDAY, JANUARY 31, 1859.The PRESIDENT pro tem, announced the special orderit being Mr. Wallace's bill (S. 2) regulating the choosing of United States Senators by the General Assembly, specifying the time and manner, place, &c., and providing for their designation by the people.
Mr. HEFFREN moved to strike out from the enacting clause and insert an entire substitute. He was in favor of some law that would make it obligatory upon the Legislature to elect the officers that it is made their duty to elect, but he believed the plan proposed in the bill under consideration to be impracticable. He thought any law contrary to the one requiring the Legislature to choose United States Senators would be null and void; and believed the Legislature had the only power, under the Constitution ot the United States to choose Senators in the Federal Legislature. He looked upon the proposition to permit the people to designate who should be so elected, as in effect taking away from the Legislature of Indiana the power vested in them; and denying to them the exercise of a right clearly belonging to them and to them alone. But why should gentlemen come in here and ask to strike down the principle that has stood for more than three-quarters of a century? Were this bill to pass and become a law, and were he to become a candidate, (as he would not) to represent the people of Washington and Harrison counties in the Senate again, and every county in the State except those two (which there is no possibility of their doing) should designate Republicans for that office, he would suffer his right arm to be torn from its socket, and his tongue to cleave to the roof of his mouth before he would support them.
Mr. WALLACE said that the newspapers of the State in noticing the provisions of this bill had grossly misrepresented it. The papers have said that the bill made it obligatory upon the Legislature to elect the men whom the people may designate at the ballott-box. Such was not the case; but he thought that honorable gentlemen would listen to the voice of the people of the whole State - they would feel themselves responsible to the expressed will of the people, and bound to respect the general voice of the State when they came to the election of the United -States Senators. He then proceeded to answer the declerations of the Senator from Washington, [Mr. Heffren,] that the bill was unconstitutional and impracticable; urging in opposition to these, many arguments in favor of the adoption of the bill under consideration.
[A message from the House announced the passage by that body of Mr. Heffren's bill (S 116) fixing the time of holding courts in the 2d circuit: also, the bill (H. R. 11) to amend section 21 of an act to provide for the reorganization of County B oards, and to allow commissioners to levy a tax of not less than one-tenth of one per cent.]
Mr. BENNETT. Like the two Senators whc have spoken, he believed there was no question to come before this Legislature that the people of the State were so anxious to have settled. page: 106[View Page 106]Each party have now played out the game of staving off Senatorial elections, and it is to be hoped we will now go to work and pass a law so that hereafter there will be no trouble in a matter of this kind. No State in the Union has been so disgraced in that matter of electing United States Senators, as the State of Indiana. He was in favor of the bill under consideration if it could be carried out practically. He believed that the people should have the right of even electing the President of the United States by a direct vote. Like the Senator who first spoke, he would not vote for any Democrat for the office of United States Senator even if the people of the State should so designate. He would not vote to carry out the will of the people of the State? but would be governed only by the people who sent him here. He believed in the doctrine of popular sovereignty, but also believed that it could be run so far as to lead to anarchy.
Mr. ANTHONY. There are some things in this bill, which look well, but he stood opposed to it. He deprecated the disposition to throw all power into the hands of the people. Every election thrown into their hands hereafter, will distract their attention from matters which are of much more vital importance to them, and render them the more unfit to elect their immediate representatives and officers.
Mr. WEIR moved to lay the amendment on the table.
The motion was rejected - yeas 13, nays 33.
Mr. HEFFREN insisted that the Constitution of the United States expressly says that the United States Senators shall be elected by the Legislatures of the several States - thus vindicating the sovereignty of the individual States. He could not consent to a law that would trample under foot the will of the members of the General Assembly. The substitute proposed by him needed perfection, and ii it should be adopted, he hoped it would be referred to a committee for that purpose.
Mr. GOODING regarded the bill of the Senator from Montgomery, (Mr. Wallace,) as doomed. He preferred the original bill, but thought the substitute the next best. We are but the servants of the people, not their masters, and why need we fear to let the people say who are their choice for the highest office in their gift. The people send us here to cast their votes and carry out their wishes, and he knew no surer way to ascertain their sentiments than through the ballot-box. The people of Indiana would do as well as their servants in the election of United States Senators; and they are always to be trusted in the selection of their servants. He who is afraid to trust the people is a weak Democrat.
Mr. CONNER moved that the bill and pending amendment, be referred to the Committee on the Judiciary.
Mr. MARCH moved an amendment to the amendment, by striking out from the enacting clause and inserting a new bill. He was in favor of the principle indicated in the original bill Nothing that served to strengthen the tower of the people would undermine the foundation of this Government. Legislators represent the majesty and sovereignty of the State; he knew no better way to understand the people than to hear from them through the ballot-box; and if an act of this kind were passed, he had no idea members in this Hall or in the other end of the Capitol would disregard the wish of the people of the State so expressed. He was opposed to joint conventions of the two Houses of the General Assembly for electing these officers, and he hoped that a proposition would be adopted for the election by Concurrent vote. The amendment to the amendment proposed by him, was the bill passed by the Legislature at the extra session, with the exception of the emergency clause, and the section which directs the certifying of election, and punishment for neglect of the same. He withdrew his substitute.
Mr. HEFFREN withdrew his substitute, and moved indefinite postponement of the bill
Mr. WALLACE was sorry to see a disposition to crush his bill? He had hoped that in after years he would have the privilege of designating at the ballot-box his choice for United States Senators; but when he proposes this he is kindly told that it is demagogical. This is the last session he ever expected to sit in this body-but wherever the records of the session of '57, Of the extra session or of this session show his vote on an act passed, or on a resolution or any vote of his, among them all there was not one which he would look back to with more satisfaction than that which he would give on this proposition, and not one whose failure he would more deeply and sincerely regret.
Mr. STEELE could see no necessity for this law. He would vote for a joint resolution embracing a proposition, contained in the bill, but he could not vote for the bill. He charged that this bill was introduced for buncombe.
Mr. WALLACE replied to this charge at some length - repudiating and disclaiming any such motive.
Mr. WEIR was in favor of the proposition of the Senator from Montgomery [Mr, Wallace] because he believed it to be right and constitutional. All power was in and rested with the people, a no act was done by any Senator without his first thinking how the people of the State would re gard it. In every measure in which the people are interested, Senators should do what they can to promote it. He did not admit it as a new doctrine. If the people were to designate their choice for United States Senators, he should vote to carry out that designation.
The motion to indefinitely postpone was rejected by yeas 20, nays 24.
Mr. HEFFREN offered his substitute, again, as an amendment to the bill
Mr. WALLACE moved to postpone the matter till Monday next at 2 o'clock.
The motion was agreed to.
Mr. CONNER, by leave, offered a resolution, which was adopted, calling for certain information concerning the financial affairs of the Insane Asylum.
On motion by Mr. MARCH, the bill (H. R-67) respecting the execution of wills, what may be devised, &c., was taken from the table, and read through.
page: 107[View Page 107]On motion by Mr. SLACK, the rules were uspendedyeas 46, nays 0the bill read the cecond time by title, and referred to the Judiciary Committee.
On Mr. HEFFREN'S motion, his Cuba joint resolution was made the special order for 2 o'clock next Thursday week.
On motion by Mr. WAGNER, his bill (85) toprovide for a general system of common schools, &c., was taken up, and without reading, referred to the Committee on Education,
[A message from the House announced the passage by that body of joint resolutions, directing our Senators and requesting our Representatives to use their influence (H. R. 1) to secure the passage of a law giving bounty land to soldiers of 1842, and (H. R. 18) to abolish the franking privilege.]
The bill (H. R. 11) to amend the act for the organization of county boards, approved June 17, 1852, was read.
On motion by Mr. MARCH, the rules were suspended - yeas 42, nays 2 - the bill read a second time by title, and referred to the Committee on County and Township Business.
And then the Senate adjourned.
