The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10

this alleged election had taken place and their first act was
70 protest against it done without their authority
coordinate branch Of the legislature OF Iowa
VIII be observed ALSO from the facts of this case that
tne journals show that all occasions when the two
houses met they met as houses message sent from
house to the other The record shows that the senate
preceded BY it's president the hall of the house of
representatives and the members of the senate had seats
assigned them coordinate branch of the legislature
and after that DONE all previous meetings they
ceeded to vote On this occasion there senate in
session. but the record shows that several members OF the
senate without saying how many, present The fact
is conceded understand that there but fifteen
be Of the senate who voted that OCCASION the whole
s S
On this state OF facts the question which suppose to
arise is whether the Legislature of State, under the
language Of tie federal constitution deegatng TO the e
gisature the right to elect of the United States
Is to be taken to the individual members of the egs
ature the body bodies of which the legislature is
composed suppose the term as used in the constitution
means the bodies Of which the legislature composed The
honorable senator from Georgia, appreciate bis argu-
ent insists that the power being delegated to the egs
ature vested in the members ofthe legislature and that
whenever majority Of the members of the whole legisla
ure under law such that existing in Iowa. vote for
man. he elected though of the coordinate branches
of that legislature may not vote for him. and may
body, refuse to 60 into election. Sir hold to be
principle OF law, which has, think, exception, that
where two integral bodies authorized do act it
cannot be done without the consent of those two integral
or there can be validity in the act done. This
universal law. can call to mind where con-
ary principle prevails whether relating to legislative
ton corporate action Indeed in corpora
TONS it has been decided and again. that where
there two integral bodies who in act
they must both be present and act upon the matter as
bodies not as individuals.
Now sir in the discussion of this case the first inquiry
which arises is whence springs the power elect
tor Of the United States OF course from the federal
suon Without that express contract between the df
ferent States of this Union which call the constitution
of the United States there could be no power to elect
member of this body That constitution might have pro-
vided for branch of the legislature alone eecng
Such opinions entertained That constitution might
have provided for inequality in representation That
sution might have delegated the power to elect
tors people of State 1t might have provided that
the members Of the Senate should be elected by the body
itself after its first organization, and such proposition
before the federal convention 1t might have provided
that the executive of the State should appoint senator for
the whole term, as he does temporarily under the cons
tuition in the Of vacancy Whatever it did provide
however, the power and authoryand this is question
Of power and authorityspri from the federal constu
is there given You neither go beyond it, enlarge it,
extend it any idea of regard to the popular will
Sir IL understood part of the argument Of the honora
BILE senator from Georgia. he told u.s. reason why we
should adopt his construction of the constitution and of
the validity of the Of the socalled Joint convention of
the legislature Of Iowa. that evils would spring from the
course which the majority of the Judiciary Committee adj
vocae that they had already sprung from it that the
State Of California partly unrepresented that Indiana
partly unrepresented in consequence ofthem and that
therefore, becauss there could be meaning in the re-
mark unless it had that purpose) give the
federal constitution irrespective Of its language which is
plain enough construction which would tend to keep
this body full and not coerce but induce the different
States Of the Union to send members here.
cannot assent to such argument. 1t may do very
ha Il sGS is sps
to the construction of the federal constitution Does
every senator know that if majority Of the legislatures
Of the different States of this Union chose to refuse to elect
SONS IF he
government? That would be great evil but could
for that assume in other mode which the
constitution did not authorize to fill the places Yet the
argument would be much stronger in that for the
preservation of the Union So too 1t might occur though
ID very improbable that account Of difference of
opinion between the two coordinate branches which in
every State constitute the legislature as to the person
be elected the legislature would refuse to make election
and in that way destroy this by leaving the
Senate without quorum to transact any business. We
must rest against these evils and dangers which,
trust remote the good of the people and OF
the legislatures of the States for after ALL whole gov
ernment must be founded that basis II may be de-
sroyed tomorrow whenever the spirit Of faction prevails
far enough or whenever the want Of affection regard
belief in the value of the Union to the people Of the
try shall become settled opinion among majority Of tht
people Of majority of the States, perhaps mi
nority Of the States.
All these are things that may occur but what hav,
they to do with the construction Of instrument il
which there specially delegated powers forming gov
ernmen peculiar in its character founded not upon thu
social compact not upon indefinite ideas bat upon strict
written literal provisions which are to be construed
cordng the import Of the language they convey unless
there is doubt arising from the character of the language
and then may resort to supplementary matter for thu
purpose Of construction but in no other re
to it, except where there is doubt The evil which
may result because tho power has been given in diff
ferent mode from that in which it has been granted is
argument TO prove that the power has been given ii
that different mode
that 1t would not have been wiser II II bat
pleased the convention that framed the federal constitution
delegate the power to the respective States elect he
two senators by popular vote instead Of choosing then
followed from it. The relative political weight of tn
States would have remained the But though may
entertain the opinion that taking the of gov
ernmen such might have been not unwse provision
yet IL gentleman presented himself here the gronnS
that election had been bed in his State under the
thory of the legislature and that by the ballot of nine
enths of the people of the State he had been elected
aor of the United States this would be argument il
favor of his admission because the constitution Of tn
Unitsd States requires the election to be by the egs
ture.
These arguments arising from Inconvenience reall,
ought to have weight in this case think coul,
throw them also the other side if thought the
was susceptible of doubt in my view of the proper
structon Of the constitution. may say what presume
man who has considered the infrne Of humanity doubts
that the danger Of popular government the danger
the will of the hour the part of the majority assuming
power without regard to the rights of the minority AM
the danger of decision of this kind is the very
why in complex government like ours, have mode
call them corporstions2 Noto these political institution
called States, which have species Of qualified sover
| eighty.
From that very danger also in every State Of this Union
when it is formed you have an organic law by which tn
people of the State impose restrictions upon the power
delegated to their agents They subdvide them into ex
ec1tive legislative and JUDICIAL and they do not perm
them to 60 beyond the powers delegated The object