The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-14

speaker of the house-drecng each house to appoint
tellerdrectng these tellers TO take down the yotes
rectng the secretary OF the and the clerk
house keep the lists they voeddrectnR the teerg
the vote and TO sign the cer6cateand then
directing the governor certify the result to the Senate
the United States Each and every provision of that law
is directory and respectfully submit that you have the
same right dispense with any other provision you
dispense with that in regard the appointment of
teers and will show that this is not the only provision
which you have dispensed with When the day arrived
which the election effected aseerained that the
teller appointed by the president of the senate pres
emit the president himself present How do
tors the fact that minority of the members OF
the senate then assembled together and appoined
president of the pro tempore? Can minority of
members appoint president of their body The senator
from Ohio shakes his head. understood him say in
his argument and state this objection and acknowledge
its fairness frank would do. Them il the election
OF president tenore OF the senate by minority of
the body void is conceded, how could that eff
Ger, under void election make valid appointment Of
teller to go on with the electon2 4
Mr.. COLLAMER. That president pro tsmpJre was not
appointed by the senator's but by the whole of the
ton 800
Mr.. DOUGLAS Then you make 1t worse, for this rea-
the law provides that the president of the senate or
in his absence the speaker of the house of
shall preside the deliberations OF the convention and
in the absence of bob president pro npore shall be APP
pointed by joint vos Under the law BY virtue Of which
you acting the right of both houses president
teme did not exist except in the speaker of the
house Of representatives absent well the prs-
dent of the senate In this the speaker e house
was present. presiding the deberatops OF the Joint
body, as 1t is called and long your record shows
that the speaker present. hsre was no authority to
elect president pro tp0rs by joint vote Taking either
view OF it. this act palpabe violation of the awthe
make this election. FIJI
come back to the position can a pro tesnpore officer
elected In violation Of lew and whose election admitted
70 be yoid make valid appointment of Etre to con-
duct the elecon have found senator vet who would
attempt to show that the law complied with in the
election of Judge The senator from Ohio admits that IL
was not complied with and no avoids the of it on the
ground that the law directory Other senators omit
ted this objection and failed attempt TO answer it for the
wise reason apprehend that it could not be answered
But 1t has been said that these judges of election or sers
were unimportan officers and therefore might
to get along without them My h that The point
whether these officers important or vas
question TO be decided by the legislature of State of
Iowa That legislature decided that they Important
by prescribing that election should be held until each
house had proceeded to the appointment of taller Nv
the terms OF the law under which you proceeding the
legislature of Iowa expressly inhibited from roing into
election until these telers were CHOSEN Yon have no
right say they were unimportan officers when the law
under which you claim to acted made their appoint
ment preliminary question: condition which you
snoue have the authority elect Now let whether
these telers were in fact unimportant officers.
The name of the peson voted for says the law, Sand
OF the members voting shall be entered in writing by the
telers who SHALL after the secretary shall have called the
names OF the members second iime and the of the
persoP for which each member has voted report the
president of the convention the number of given for
each candidate The tellers made the only persons
who had the right take down and the of
tue members voting and OF the for whom they
voted The only duty be performed by the secretary
was to call the OF members The names were
to be taken down by the teers the for whom each
member voted to be taken down by the tellers and
the telles to report the the president OF the
convention. Hence under this law the only Knowledge
that the president of the convention could possibly as
TO the number of votes for each candidate was the re-
port OF the eers appointed by the two houses There is
other official mode by which the president of that con-
vsnon could know whether Mr. HARLAN or Mr.. Dodge
ceived q majority at that election.
Mr.. SEWARD. The honorable senator from Illinois is
answering now at this point objection which I made
and RENE nbered after had spoken that had failed to
give an illustration OF what considers material and
important point in the law but which will think be OBJ
served to be an unmportan point the failure observe
which may be overlooked. wish to call the attention of
the honorable senator from Illinois, il be will allow me- to
The fifth section which says that the Of the mem
6es OF the general assembly shall be ranged by the
ary in alphabetical order and each member shall vote
the order in which his stands when thus arrangedD
Each member shall vote suppose this directory.
and IL law is necessary in every jo and title of it, to
be executed the failure of any member to fatal
not the failure to In that order but the failure of any
at all would be objection Is that the
senator's position suppose that the law being Executed
SO far that the OF all the members ths arranged
IT the majority of the members vote there Is an election
although one or more may refuse to vo or decline alto
gether That would be one of thoss unmportan points
the failure to comply with which could not affect the result
propose It by way OF usraton. thank the honorable
senator for his courtesy,
Mr. DOUGLAS am much Obliged To the honorable
senator FROM New York for his illustration He illustrates
the moa essential and important point under the law by
ong another point that is of of importance
NOBODY pretends that the absence of member from the
body or his omission to vote If there would nvaldae the
election provided there quorum Of each house pres
ever is the real point Of the question 1t essential to
lind out whether majority Of the joint assembly e
gally constituted, and voted for Mr. HARLAN for Mr.
Dodge. The law has provided the means by which that
fact shall be ascertaned The legislature of Iowa had the
right under the constitution prescribe by law the mode
OF holding the election The legislature had provided that
the mode should be that two ers selected by each
branch of the legislature should take down the names of
members as they voted and certify the resn of the vote
fa evidence Of what had taken place under this enactment
An essential point is wanting there elers act
ing there no lawful means of ascertaining who
ceved the majority, and certifying it to the president Of
the convention,
The law of Iowa provides.
"When any person shall have received ms,or;tv Of
the votes aforesaid the president Of the shall de-
clare him to be duly elected senator to this State
the Senate of the United States Ia shall in the pres
of the members of both houses Qn two cercates OF
electon attesed by the OF which he shall trans
init to the and the containing one snail be
among the records convention and entered At length
on tne journals OF ea5n house Of the general assembly
Inc presifeIt Of the convention to the
suit Qn what authority was he to announce t2 As l
have already stated he ii the report of
the tellers He authorized to what the tell
of the elers the only authority which he had for de-
claring Mr. HARLAN Mr. Dodge any other man elect
ed Then he required to make out certificate OF that
report of the eer having the eers to attest the truth Of
his certificate There tellers Hence they did not
attest the truth of the certificate Then in order to COM
ply with the law in addition to that the certificate of the
tellers reporting all these proceedings together with the