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

Of slectng senators shall be fixed by the legislature
subject to the alterations of Congress but the constu
ton of the United States also provides that the egsa
ture shall elect Can the legislature under the clause
which authorizes them to fix the time place and manner
delegate their power Of election to other persons than
themselves Can they delegate it to other body than
the legislature of the Stae3 That is not question OF
manner Of time or Of place. il Is question Of
it lies the foundation Of their power The legislature
may prescribe the time place and manner but when they
TO elect matter what they prescribe the egsa-
ture must elect and there no legislature according 70
the constitution of Iowa. unless quorum OF each house Is
present Without quorum they can do no valid ACT for
other purpose they do no valid act In reference
to an election, for the constitution lnhoits them ma
jorty necessary for the transaction of business Added
that you have the fact that political body which con-
stuted ordinate branch of the Legislature Of Iowa,
has adjourned and over not in session. and had
no political existence as body for the purposes Of legs
latve action at the time when the alleged election occur
red
Sir If this case could stand for argument before the
Supreme Court of the United States should not think
| it necessary to dwell on it more than five minutes !
should be willing to submit the case on mere state
of the facts But the honorable senator from Geor-
gia says that previous legislature having enacted a
law, and the senate having, under that law, agreed
to joint resolution to meet in convention, when You
got them there, they always there until the
election completed Where would ths argument end
Although the law authorizes the legislature to meet in
joint convention suppose that on the day and at the place
appointed there appears quorum OF neither house. does
any senator contend that minority OF each house could
proceed to elect2 Does any gentleman suppose that
Can it be possible that any gentleman supposes It II
1
for oil authority If requires two coordinate boz
dies to constitute the legislature Of Iowa, Is not the
deficiency Of quorum on the part Of one house just as
fatal to the existence of the legislature to act on matter
the deficiency Of quorum the part OF both houses
Where is the disncon2 The legislature consists of two
bodies Even though the time were appointed by the
unanimous vote of both bodies if at the time and place
appointed minority of each body assembled which did
not constitute quorum under the constitution could that
minority proceed exercise the functions of legislature?
Can any gentleman contend for that proposition You
go to that extent else necessarily you must say
the is Invalid unless there is quorum OF both houses
present cannot distinguish between the The
of authority strikes at the act much at the
other The will Of the legislature be expressed
by minority of each body than by majority OF one
body acting with minority of the other. Neither Is an
Of the legislature of the State according to the organic
law Of the State.
In connexon with this point it appears to apperain
to it, will notice remark made by the honorable senator
from Vermont Mr.. FooT in which he stated that it ap-
peaed by the journal that there two members of the
who on the floor and present at the time Of
the election That suggestion is easily answered Ihe
constitution and law of Iowa required that the election
should be pa poc but do not whether was vipd
o. By ballot WI any gentleman tel me that i IN the
resolution and it appeared that thirty members voted In
the affirmative, and in the negative, though there
might be half dozen the floor, that resolution
would be carried The moment you come to vote by bal
lot Vipa Uoc and appears that there is not quorum
voting the question before the body necessarily no
suit is arrived at other members present who do
occasion There be validity In the act unless ma
| jorty of the quorum assent TO it.
Mr.. FESSENDEN. i wish to ask the senator whether
understand him rightly contendng that in order to
make an election appear from the record OF the
yenon that majority Of each branch actually voted for
Mr. BAYARD. No, sir shall come to that point af-
| terwards
Mr.. FESSENDEN. That is inference from what the
| senator said A ssR
Mr. BAYARD admit that the usage is the other way,
do not contend for any such thing the senator from
Maine has stated What do contend for s that it must
| n
constitute quorum acting upon the particular subject to
be acted upon Each branch must vote there le
gal result In the Senate here frequently must be
the in all deberative bodies pass bills sub seio
when there only ten fifteen twenty members pres
ent No objection being made the act the act Of
the Senate and the question is concluded because OBJ
| lection is not made at the time. as!
Mr.. FESSENDEN. Another question is suggested by
the position of the senator He contends that majority
of each branch must be present and vote Suppose
pears from the record that majority Of the State senate
votes against the person returned elected is his election
| the action of the senate *.
i MIR. BAYARD. When l come to that question shall
endeavor to give my views to how that practice has
arisen consider it an irregularty. am speaking
In response to the suggestion of the senator from Vermont
that 1t appeared from the journal that there two
bers Of the senate present at the time Of this alleged eec
ton who did not vote What say s that unless quo
rum of the body votes whether the be taken
by ballot there is result That is the settled law
here, and it always has been The principle APP
plies there. In this it is admitted that the
sion of this alleged election only fifteen senators of the
State Of Iowa voted and the of that State consists
of thrtyone and therefore quorum of the senate
ted The constitution of the State requires the voting
be pua voc and the fact of the of quorum of the
senate appears the record. II s perfectly mmateral
whether any senators in the house of
house, their presence without voting does not give vad-
y to the result It has COMMONLY happened in this body
within my knowledge, hat when vote has been taken
and quorum appears other members who be the
oor who be in the alcove behind the
presidents chair solicited to vote other members
brought In to vote for the purpose of making quorum
for without the vote OF quorum there could be no de-
cision of the pending question: though it known that
there more than thy-two members present in the
chamber at the time This principle is well understood
and is familiar in practice say in reply to the remark
of the honorable senator from Vermont if it intended
to aid this case by the representation that the journal
showed that members the floor there no vote Of
the organic body of which these parties members
less quorum was present participating in the alleged
Il election
go further and that vote could be given by any
senator OF the State of Iowa when the not in
session. The proceedings in this up this point
venture to say that the proceedings of every
State legislature in the Union showthat when the legis
atures meet in joint convention they do not adjourn be-
forehand but generally the senate proceeds the hall
the house, in States the house may proceed to the
hall OF the senate without any adjournment In
cases the houses vote sparaey the result In each house
Is ascerained and they afterwards adopt the will of the
majority Of the whole number but In does either
house adjourn while the joint convention is in session.
Mr. President and you will find that every instance a
ter the joint convention had Intellectually baoted and adj
ourned to further time the senate retired their cham
be and the house remained in their hail. and they then
adjourned az separate houses and when they met again
they met separate houses and treated through
representatives undertook usurp powers of the ers-
ature aenata not IN, oaoo;on a.