The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13

1t found necessary the very beginning Of the gov
eminent provide for bringing the two branches Of the
legislature 10 agreement in that case.
The expedient adopted the simple one probably the
only practicable one of merging the TWO houses into one
for this purpose The expeden has been adopted in
ly all the States and is used either the in
Iowa. last alternative, in Of disagreement as ~
New York. Georgia. aud Virginia 1t has been acquesced
In by the Senate OF the United States from the hIs and Is
therefore settled aad constitutional
Nor is il without The legislature OF State Is
merely college of suffragans interposed between the
Senate of the Uated States and the pespe of the States
The choice of the legislature is the indirect choice OF the
people of the State
The function of choice is ID no Of legislative
nature 1t legislative act executive transao
toh action, speak, e6icio. The constitution
of the United States gives supreme right TO Congress to
prescribe in what the legislature OF State shall
perform that independently of all State constitutions
The Congress the United States has practically waived
this right and devolved that duty the legislature OF
Iowa. it was authorized to do by the constitution OF the
The prescribed by the legislature Of Iowa does
conflict with any article of the constitution OF the Uni
ted States 1t would not be at all affected by any conflict
with the constitution of Iowa. ipsomuoh control
the constitution was made.
Mr. President this tEanoacti5n Is Judicial oue have
approached it. trdst free from partiaity prejudice
The question is an important one. The decision may be
drawn into precedent TO affect hereafter the rights OF
sixty States and the safety, welfare and union Of this
ederae republic hundreds Of years. VIXEN these people
shall nurSef not by tens but by hundreds OF mil
lions
therefore con6ne my Judgment 10 this case it stands
on the facts do not PREJUDICE other cases which shall
present other facts lay down principles for other and
foresee possible abuses to come Iom
misapplication of the principles have adopted. Bat
will to the amoothest and strongest bottoms.
repose my conclusion with the more confidence, BE-
which tends the Senate and through
It the federal government against inc Efforts hfon and
of ambition disogansc be Union and subvert the re-
publican gcverhnt here which Is the CHIEF guarantee oil
civilization everywhere.
Mr.. STUART Mr.. President, when the report was
made in this case by the Judiciary Committee had
cluded not to trouble the Senate at all with any remarks
mine Tke basis of that report clearly stated by
the chairman, and his reasons e ny mind were so per-
ecy conc,usive ,hst 1t seemed to any senator might
vote without being liable to any Misrepresentation here
after TO the ground which he had cast that vote But
sir in the OF the discussion many suggestions
have been raised which serve to give cooIng TO TINS
proceeding the side or the other that deem my
duty ask the attention Of the Senate while state few
which to my mind appear to be conclusive IN
case.
may say that it would afford me great pleasure to be
able to cast my vote in favor Of the retention Of this Beat by
the honcrahle gentleman who occupies it. IL is moi
necessary to give my reasons for SO declaring II were
to consult my Wishes they all that side But sir
seems to me that this presents to the Senate the
consideration of principle which, although OF no practi-
cal consequence now may and probably will become OF
great Importance hereafter do not intend to rou-
BILE the Senate with detailed view of this That has
been presented by several senators who have preceded
shall make only statement
The constitution of the United States 1t has been well
sad the from which the power to elect senator
OF the United States is derived Its language is that sena
shall be chosen by the legislatures Of the States II
we keep In view the distinction between legislature and
the members who compose legislature steer clear OF
all difficulties. The election must be by the legislature
Now, when the members Of legislature in condition
be called egsature2 Only when they organized
as SUCH five considering this of first i'm
presson it would doubt not be said that the election
be by each house of the legislature, acting in the
that acts in performing legislative busi
But has been said by the honorable senator from
New York; the Senate by long course OF action has con-
ceded that both houses Of the legislature may act jointly
and that will be compliance with the constitution of the
United States Now, submit the question: the Senate
of the United States 90 any further in that direction in
compliance with the constitution? The constitution
qurng that the election shall be by the legislature have
not gone to the utmost limit when allow the sepa-
rate houses to be combined in the election 1t seems TO
me that we have
1t is conceded that the joint convention of the Iowa
Legislature the first instance properly organized in
pursuance of resolution emanating fir house and
concur ed in by the other the houses having met in
joint convention II, in States, this convention
had power to adjourn from day to day there would be
confusion in the case because whenever the conven
tion adjourned without making choice, it was ad-
ournment without day. and there could be no other joint
convention without another law OF the State, or joint
resolution of both houses shall seek to show that the
fact that this convention had the power adjourn under
the law of Iowa. which think very wise power does
not at all change the necessity of the action of the legs
ature and shall seek to show that the law of Iowa itself
does change it, but the contrary furnish
in all It's details with the cearest evidence that the
legislature of Iowa. enactpg that law intended perfect
compliance with the constitution OF the United States
qung the legislature meet separate organized bodies
and when combined such bodies forming joint
ton have said that but for the power of adjournment
from time tme there would be question in the
ter Now let what OF the provisions OF the
Flaw Of Iowa under which this action was had In the first
place. will premise that the place fixed for the joint
ing is the hall of the house of The election
must be had during the sessonhat s the entire session
of the legislature presumabe hen that the hall
the house of representatives is occupied by that house. and
consequently when the law OF Iowa fixes that place for
holding this election shows the necessity of what
tors denomnate courtesy between the houses The
house of session the day which
the election Is to be held The know that
the condition OF the business of that house Ia such
permit them meet the joint convention In their
hall until they have been officially notified of it according
to the forms OF courtesy Hence in this case the house
representatives of the Stats of Iowa performed only
courtesy due between houses performed an act
which necessary under the law of Iowa. when il
its message TO the senate the adjourned day and in
formed the that it ready them again
joint convention The second section the Iowa law pro-
vides;
"The president OF the senate his absence speaker
of the house Of shall preside deb
eraons OF the convention aud in the absence of BOTH
president pro enpors shall be appointed by joint vote"
On the 9Th of January 1885, the speaker of the Iowa
house OF present all the Time and
the alleged convention, it organized, on to
elect presiding officer in the very face the law of Iowa
The third section contains important provision for this
case
"At any time prior to meeting in convention as afore-
said after the time for meeting has been designated
said
That is after has been agreed by the separate act OF
each house acting joint resolution
=" each branch Of the general assembly shall appoint