The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10
CONGRESSIONAL.
THE IOWA CONTESTED ELE0TION.-C0NTINUA
TIoN OF THE DEBATE. aaa
IL sEsArE, JANUARY Z. 1851.

TIoN OF THE DEBATE. "a
-alr -IHt -gff Gfa1 81
q t IS SENATE, JANUARY Z, 1851. 81
The Senate resumed the consideration of the report of
the Committee the Judiciary, concluding with resou-
ton declaring Mr. HARLAss seat vacant the pending
ton being on Mr. TooMBss amendment TO strike ont all a
ter the word Resolved" and insert: N a
That JAMES HARLAN is entitled his seat as senator
from Iowa. ss5 s 81 s
Mr.. BAYARD. Mr.. President, il did not consider the
principle involved in the decision be made by the
in regard to the right Of the gentleman from Iowa to
seat in this body, the gravest aud most important in
reference to the organization of the Senate that has ever
come before should not trouble the body with single
remark, being satisfied perfectly with the admirable
gument Of the honorable senator from Missouri Mr. GKY
HK But think ths invov far beyond
what may be anticipated by those who win make the
decision il It shall be made In favor of the principles
tended for by the honorable senator from Georgia, Mr.
TooMBs.1 eoftN
This question to me, though at present
any nave not made that preparation for the discussion
OF 1t which should desire Eighteen years ago my mind
was turned to II in arising in my State in
which personally was deeply interested was the can
didate OF the democratic party OF the State of Delaware
for the Senate of the ied States in 1885, and on that
occasion they had majority of three members joint
ballot in the two houses but there majority OF
in the house of presenaves of the State favor of the
opposition party. The law of the State existed then
and as it exists now provided (wthout requiring any
joint resolution resouon) that the egs-
ture should assemble in the hall of the house of repre-
senatves during the month OF January in each year
ceding the Of the senatorial term and
Il
The majority of the house of representatives on a.
ground which they took and which considered technical
and not necessary to enter into that
point n0wreused 10 meet the in Joint ballot They
did the ground that by the passage of subse
quent provision the place of meeting fixed by the law
repealed or left unixed and though the law remained
which prescribed election during the month of Janua
N they said they not bound to meet ut any parcu
lar place. and that therefore, they would unless
law required resolution The idea sug
gesed by the party of which am member that the
jority Of the whole number Of the legislative body had
right proceed and make an election during the month
of is the last day Of the month"; as the
whole month the time given. My own attention was
called to this matter and investigated it, certainly with
bias feeling which would induce form opinion
against the power Of the majority of the legislature elect
and arrived then at the conclusion that they had not the
power But as owed duty to the party with which, act
ed well as to myseor myself could never have made
question of it'll wrote letter to a distinguished
tor of the United States then member of this body and
Of the most distinguished who has adorned this
house--Sas Wright, of New York. inquired of him.
not at all familiar with the of contested elections
here in the Senate whether any decisions had been made
which touched the principle in this case one way or the
other and, il not what was his view of the validity
of such election The short and decisive
that the question had arisen in the Senate Of the
United States, and that in his opinion such cleo
tion would be invalid. was perfectly satisfied with that
and advised my political friends that they could proceed
further in the matter The election went over and the
State remained for two years with only senator
state these facts sir merely to show that this is
question which investigated fully years ago. My mind
made up the principle then and do not think
the facts of the present present any difference
the principle which ought to be applied happy also
to believe that the question which has before the
Senate grave it is is one that comes before them under
circumstances in which there be political bias and
personal bias of kind to agate the minds Of mem
bers induce them to arrive at conclusion
as to the great principle involved in their decision 1t Is
perfectly we'll known that either the honorable gentleman
who holds the seat senator from Iowa. one
Of the sSme political opinions and sentiments will we
should deter;une against his right hold the seat be
Of tha TInf fatea Thera can
therefore be nothing whatever create any bias in the
mind Of any SENATOR and approach the question, i'm
portan as Il is under circumstances which leave for
the decisive action Of the Senate with reference to the
principle involved.
could have wished that instead OF relying on my own
recol]econs Of previous opinions should have had far
ther time to refresh my memory to the arguments
which my view presents went home during the holi-
days. The question had merely been brought TO the notice
of the Committee the Judiciary without any action Of
the committee being had before went home. had nc
opportunity Of attending their dScussions and the first
time knew that the question to be presented to- and
acted by the Senate once was when the report was
made the day before yesterday. mention this also
il shall happen to occupy tbs attention of the
Senate longer than should be willing to do il had had
time to condense somewhat the views which intend
present hope that if do may be pardoned for sc
far trespassng the patience of the Senate Ny occupa
ton last night prevented yesterday after the adjourn
men from turning any attention to the casej and il il
only within the few hours preceding the nesting OF thu
Senate this morning. that have been able to examine it,
The substantial facts Of the case understand to b
tyes of Iowa the 18th of December 1884 proposing
TO the senate Of Iowa to meet in joint convention thu
18th December for the purpose of eecting senator
the United States The resolution amended by th
senate by fixing two o'clock, or two and half O'clock
the day for the joint meeting The house concurret
in the amendment and the bodies went into joint conven
tion on that day. quorum Of each house being presen
when they met. They proceeded to ballot and having
balloed Intellectually they adjourned at various times
OCCASION think, from the 14th Of December 1854
TO the 9th of January 1855 On the 9th of January they
met and still failed to eject senator They adjourned
ten o'clock Saturday mornins the 9Th of January Th
senate Gas throughout the whole Of these proceedings
appears each house did after they separated returned
aher chamber and adjourned to the same hour th
next day. When the senate met o'clock the 6tl
of Jannary, they, without doing any business whatever
adjourned TO Monday at nine o'clock This adjournmen
was carried by vote of the majority, the yeas and
nays-l6 to l5the whole body, consisting Of thirty-on
members being present The of Iowa was there
fore, not in session Saturday after ten o'clock.
The house of representatives metat what hour do no
know; but after transacting appropriate business as
house Of representatives they proceeded receive not thu
senate of Iowa. which not In session. but to receiy
members OF the senate Of Iowa members OF the join
eonyenuonj and when those members were assembled
there together with the members of the house, they
stituted majority Of the Two branches combinedlhat is
majority OF the whole number of persons in the conven
ton But there was present. speak of persons pres
en in he sense Of legal presence evidenced by the vote
only majority Of the house and minority of the senate
quorum Of Dne body, and not quorum Of the other
The speaker Of the house assumed that the members thu
assembled were regularly organized convention Of tn
legislature with the power elect United States senator
No vote was taken by the convention that point Al
appeal was taken from the decision and it conende
that the house ought TO decide whether il was organized
That appeal the speaker denied, and there no yot
taken BY the convention on that question at all The roi