The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-05

MT. ToUCEY remarked that the doubt which had hean
thrown over this from observing tb
oi the power 10 elect senator OF the United STATE NJ
that power granted by the State cousttuIion or " as
constitution OF the United States The Gran ~ the
was to be found exclusively in the constitut OF power
led states, without the aid OF any other on o the on-
hrst clause IN the constitution provS ohsutnion Inc
powers shall be vested in Congr Les that s legislative
lives ami anotber clausa and aouse Of Representa-
the Senate shall cons - .he constitution pfoSides tha
oows Sd y s ao eeT srs thereof That was te grant Of
could be ee 'aS grant Of power BY which senator
the y >Scr OF the people OF State, while remaining 10
eI -eon, to withhold from its legislature the power of
Ieaag senaiort Ha clause were imboded in any
state constitution attempting withhold that power yet
aniess the State seeded from the Union and thus refused
10 acknowledge the constitution Of the United States that
clause would be void Every State has made the grant
power AS laid down In the constitution OF the United
Satesj all the States have concurred n that instrument
and therefore thai through the channel Of the
sutution of the United States the people of every
oa'e IN tner sovereign capacity have made the grant
OF power imoodied IN H. That grant being made IL
is in the nature OF acompactj Stale diminish the
power tpat il has thus granted State withdraw
withhold the least particle Of 1T IL was then obvious that
the power could not be ia any way modified 1t is The
power OF choosing Unted States senator provided the
person chosen does not fall within any Of the limitations
OF the constitution In the present case the sitting
Der has been chosen by the legislature OF Illinois under
ers granted 10 that legislature by the constitution OF the
United States II the power was ia the legislature and
could not be taken away from them by the people OF the
State the question then when that power has been
granted, did any remain ia the people OF Illinois
limit restrict IL Mr. T. said that his mind it
clear that the people Of Illinois, in the adoption of State
constitution bad power to take away from their egis
aure any power which had been conferred by the cons
tuition OF the United States and the legislature having
ercsed that power and elected senator from that State
who not excluded by any of the limitations of the
United States constitution that senator entitled TO his
seat independent of any provision in the State constu
ton. The State constitution could egsla-
ture and when legislature created the United
States constitution was paramount
Mr.. SEWARD spoke briefly the same side of the
question
Mr.. PUGH stated that the senator from Georgia Mr.
TooMBs desired to be heard the subject but
absent md hoped that the question would not be taken
til his return
Mr. CRlTTENDEN understood that senator would be
absent two three weeks and did think just the
sitting member to delay the decision Of The question
long He further remarked that Mr. ToomRs had stated to
him in private conversation that he believed Mr. TRUM
BULL entitled to the seat and should vote for the
luton.
Mr.. PUGH understood say that Mr.. TooMBs had
informed him that he should against bis right the
seat, and desired to be heard on the question.
Mr.. WELLER hoped the question would not be taken
hnd left his that the would be taken
to-day On his motion, the further consideration of the
subject was postponed until Tomorrow.
| After the consideration of executive business,
| The Senate adjourned