The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10
CITY OF WASHINGTON SATURDAY EVENING JANUARY TO- 1851

slider that government Of mere WILL whether be the will
of majority the will of single unrestrained by
constitutional provisions despotism, call 1t what you
may That is the tendency of the argument on the oner
side We are told of the sovereignty of the State The
is in the people Of the State Of Iowa Has the
sovereignty of the State the right to elect senators under
the federal constitution to whom is that right delega
ted To the legislature. s
Now let us look to the federal constitution and the prin
cipe involved in this AS have stated, this Is
question of power and authority and must determine
whether the body power person or persons whether
collectively as body individually, whom the right
to choose senators delegated by the federal constitution
have exercised that authority they have not the party
is entitled to his they have he is entitled 70 his
seat Dspleasing it might be to US, we were citizens
of that State, supposng which might eccur that
with eight tenths of the citizens oa State diamercay
posed to an existing legislature that body elects man ~
senator whose political principles opposed to the VIII
Of the people, you could not refuse him his seat on the
ground that his election contrary TO the will OF the
people Of the State The question of sovereignty, when
the language used by the honorable senator from ONO,
has authority here The question s whether the power
delegated BY the federal constitution has made the election
That power is the legislature of the State. =.
The honorable senator from Georgia contends that the
delegation of to he legislature OF State is to the
members Of the legislature hold that means those in
tegra bodies which constitute the Legislature If there are
two such bodies there in all the States one cannot
be he legislature of the State any than the Senate
House of Representatives here be the Legislature OF
the federal The Of each requi
site Both integral parts of the legislative power
elected for different periods of mein the Of the fed
era government by different constuenciesin the case OF
the States for different periods of time by the
stituency and in many with different qualifications
for the MEMBERS and in States believe different
qualifications in electors for members Of the senate and
members Of the house Of representatives They ne-
gral bodies and generally both necessary in every
State of the Union to constitute legislature within the
meaning of the federal constitution.
What is the language of the federal constitution 1t
proyidts that tE @s eea4s
The Senate of the United States shall be composed of
senators from each State chosen by the legislature there
of the of years. and each shall have
vote.'
There can be no room to dispute here The number of
senator's and the power which is to elect hem both
designated in explicit language The Legislature says
the honorable senator from Georgia. means the members
The Legislature in my view the organized bodies
forming it which perfectly well known to the trainers
of the constitution at the time it formed If that be
not the meaning of that clause of the constu
ton which goes on afterwards to say that
vacancies happen BY re.gnsti.n otherwise during
of may make temporary appointments"
How can the word arecessp have relation TO anything
but organized body known as the legislature? What
meaning can You give to il If you apply 1t to the whole Of
the members Of the legislature ndvduals2 None what
If vacancy happens during the of the egs
ature conded to the executive and when they
meet again at the next meeting Of the legislature they
to proceed and fill the vacancy Does not that refer to
organized body The words used in the two clauses
in the way Can there be any meaning attached to
the idea of legislature other than political body organ
lied under the constitution of the State whether consisting
choose to provide sonsiitution in speaking
legislature does not refer to the individual rights Of the
members of that legislature but to the collective body
which is spoken ofthe political body which is known
II be- right in this let me AK what saws the consttu
ton of Iowa2 That is of some importance The consi
tuition provides that the powers of government in Iowa
are to be divided into three separate deparmentshe
legislative the executive, and the judicial 1t then pro-
vides, under the head of Legislative department.
The legislative authority Of this State shall be vested
. 81
the style of their laws shall commence in the following
| ner," DC.
Does that constitute legislature Of one of those bodies
Certainly not The legislature of the State is general
semby composed of two bodies The constitution does
stop there It goes to prescribe how the members
of those separate bodies shall be eeceda senator for
term of four years. and representative for the term of two
years. 1t goes further to prescribe do almost all
State constitutions what number shall form quorum for
the purpose Of transactng any business whatever and 1t
there provides that majority of either body shall
stitue quorum. II gives them federal constitu-
ton does, the right to form their rules majority
is to constitute quorum smaller number may adjourn
from day to day and compel the attendance of absent
membersin such and under such penalty each
house may provide The power is confded the separate
houses to compel the attendance Of members They are
treated distinctive, POLITICAL integral organizations
they in every State Of the Union and composing
| gether the legislature Of the State.
Further the Iowa constitution has peculiar provision
which shall have occasion to refer hereafter "Each
house shall cit upon its adjournment" Each house
the house OF what The legislature. Each coordinate
branch of the political body constituting the legislature
has power to sit its adjournment" That phrase
oogy is peculiar Each house is to determine the rule of
its proceedings The constitution Of the United States
having delegated he legislature Of Iowa the right
elect senator of the United States you must refer the
organic law of Iowa in order to ascertain what constitutes
the legislature If You look to that do you not find that
the legislature consists of two organged bodies each be-
ing coordinate neither having power to do any act
cept in reference to its body and the control Of
its body without the assent Of the other neither
tspr AO1 IN 1aIaa
1 out the consent of the other body
The question that arises under this state of circumstan
h did the Legislature of Iowa. you have evidenced
by the constitution of Iowa. ana to that alone you
of Iowa. elect senator of the United States the 9Th OF
January, 1852 Though 1t may be answered that
oty of the members Of both houses united elected the sit
ting member think there no organized body which
the constitution of Iowa says necessary existing
the time when the alleged election took place. The senate
has the right Of adjournment The can well
the house, sit its adjournmens The senate had
adjourned over from Saturday morning to Monday The
senate was not in session. and therefore the legislature
not in session. though one branch of the legislature
was sitting at the time when this alleged election took
n place F Nt
81 Can there be election under these circumstances
No of the kind has certainly before occurred
nothing parallel to it. The senate not in session. and
how it be said that the senate of Iowa was present
do not what members there. If they had all
been there when the senate not In session. their
ence could not avail because they could do valid
for any purpose Of legislation when the body of which
they members not in session. They branch
Of the legislature only when in session. They were ind
yidua members entitled in that branch of the
legislature They individual members who when the
period of adjournment had passed. again assembled as
body and formed the When they United States