, 1856-02-01
WASHINGTON MEGISLATTRE-THIRD SESSION
JANrARY 26. 1856.

/ N-
ton.
Mr.. Bigclow moved a call Of the Coun.
ell. The President directed the Sergeant.
alarms to bring in absent members. Mr..
Pagett'S resolution was then read:
Whereas, it is reported that the House Of
Representatives has met in joint conven-
ton in accordance with the resolution for
the election Of certain territorial officers,
Of which the Public Printer was not Que,
therefore,
ReSolred, That the Clerk be directed TO
record on the journals, that the Council did
not meet the House in joint convention
yesterday, and that the Clerk be instructed
to inform the House that the Council will
not meet the House in joint convention for
the purpose of electing officers until the
Council has some assurance that the bust
ness will be fairly and honoraby conducted
according TO Council J. Il. No. 5.
Mr.. Wallace arose and gave his views at
some length-said he considered it very
extraordinary proceeding-said that by a
joint resolution Of both branches OF tue le-
gislature the two branches had gone into
joint convention, as he had nO doubt the
journals would show.
Mr.. President, this resolution, which the
gentleman from Lewis has offered, says,
'tcheH The Council can be assured That Ghe
business wW Be conduc:cd Aoa0ydNy &c.
Now, Mr.. President, where can that assu-
rance come from! | wOaId like 10 be in
formed.
MIR. President, whose fault is it that this
joint convention is not ful2 Whose fault
IS it sir! This is one way to seek an apollo
Ky to cover up dstrust. This resolution
Of the gentleman says the Council will rot
meet, and the journals Of the convention
show that thc Council was then in session.
1t is no apology for me, Mr.. President, to
say that because certain person, or set oi
measures, could not be carried to suit my
views that therefore, would absent myself
from the convention.
mir. I'agctt said
Mr.. President-While | believe that ev-
cry member Of this body is acting irraccord-
ance with his Judgment and ability, ! believe
still further in accordance with privi-
lege given him, not only by the constitu.
bOh VI Jul kONOiHuiIuAt bub Wy VIC OOu "
Heaven, and Creator of the Universc,-I
say, believe, sir, that did think / was act
ing in convention In this house with men,
bers who did not feel that they were bound
to do their duty according to their oath
to wit: ito support the constitution Of the
United States and the organic act, and to
perform their duties as l. islators," would
leave tomorrow. l believe, sir, that men,
bcrs, not only have the privilege Of acting,
but they are responsible, MS the gentleman
on my right has remarked very correctly, to
their constituents and their God
Now, in reference to this question, !
would ask, il in order, that the Clerk read
this joint resolution relative to a joint con-
vention. The J. Il. was then read.
Now, Mr. President, ask il this resolu-
ton does not set forth a specific objectY
Are not the bounds Of this convention
plainly marked out. With this object in
view, and guided by this resolution, preVi-
ously agreed 10 by both Houses, the Conn
ell did proceed on the day specified, to meet
the House in joint convention for the spe-
cifc purpose Of elccting the officers named
in the resolution. And what was the re-
suit? As soon as that convention was con-
vened, member moved the convention go
into the election Of one public printer, on
officer not named in the resolution. Where
upon, the President Of the convention deci-
ded the motion out Of order. Upon which,
the member making the motion, appeals
from the decision Of the President. The
President then decided that both the motion
and the appeal were out Of order and
could not be entertained, upon which the
member appealed to the Speaker, who also
refused to put the question upon the appeal.
The member then gave notice that he would
press the appeal on tomorrow"
Now, sir, hold that this Council is n
separate and distinct part Of the legislature
Of this territory. hold that both branches
Of this legislature are, and must DC, two
separate and distinct bodies-distinct in
their acts-dstinct in organization, and un-
der separate rules and officers. Now sir,
this being the fact, ask, of what use is
this Council, if sir, one body polite can thus
swallow up and ,OverpOwcr another body
merely because they have great majority?
II so, where is the independence OF each
body? Does not the Council loose its iden-
tity? Does it not become obsolete!
coptend, sir, that the two houses nre as
distinct f'om eaclfother in their It's as any
two bodies under heaven. And l contend
that the two bodies cannot go into joint
convention for any purpose, or under any
rules, unless previously agreed to by both
houses; and, sir, Joint convention has no
right to entertain las has been contended on
this hoor) any other subject than has been
agreed upon by both Houses beforehand.
This convention had just as much right to
pass a Nebraska bill, or elect President of
the United States, as 10 elect an officer not
named in this resolution.
Now, sir, as have said before, in this
Council, that am not willing to do thing in
this legislature which would fasten upon the
next one an act which they could not repeal,
however much they might be opposed