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

resentatives sends messageto whom To the members
OF the senate Does the house Of resolve
itself into convention, and send for absent members
No, SIR the uniform practice every morning was TO APP
point committee 20 TO the senate and inform the
ate that the house of was then ready
the joint convention of the two houses
Mr. PUGH. think the senator is mistaken. ! think
the message that the hall of the house ready to
receive them.
Mr'GEYER Here is the house journal
committee Of three appointed to wait upon the
senate and inform that body that the house represent
aes was now ready to receive the senate in joint eonven
put il to honorable senators, what does that mean
The organization OF convention to consist of the mem
bers of the and house
and representatives joint convention to consist of the
two houses organized under the constitution The
ger went the 9th of January and he found senate
The committee reported that they had discharged their
duty by proceeding the chamber delivering
their message and informing the secretary of the
thereof but the secretary informed the committee that
the senate had adjourned Then the invitation could not
be accepted The senate could go into Joint conven-
ton. What did they do next2 A number of the mem
bers OF the senate entered the hall of the house without
their president and took their seats How many of them
number OF them attracted by curiosity and of
them contemplating going into this fusion convention,
went into the hall of the house of representatives but the
senate not there The speaker announced that the
joint convention Of the and house OF representatives
in session. 1t that that speaker
derook to convert those senator's who came in into
gained branch OF the legislature of Iowa, without the
warrant Of the constitution OF that State OF the law
under which they met He announced that joint conven7
ton had met-of whom? "Of the senate and house Of
representatives." not of the members of the senate and
members of the house OF representatives.
advert TO these proceedings in the house of representa-
tlSesthe action of their speaker the language employed
10 show that in the contemplation Of the members of that
body ii occurred to them until the morning of the
9th OF January after the senate had adjourned they
competent to elect United States senator without the
presence of the senate The question made Wasfhe
joint convention properly convened 2"the joint
tom again. The speaker announced that the convention
had convened Just before it was he Joint conven
| n and Of
has come down to 1.-THE convention" that u.s. it becomes
joint convention by the fact that few walked
| into the chamber and took their seats!
The honorable senator from Georgia says II utterly
unimportant whether there single senator there
and agree that according to his Interpretation of the
it altogether unimportant whether or not there
majority Of the whole number of and repre-
sentatves presents and that very conclusion is demon
straon of the aacy Of his argument because resolves
itself into this that the power which, under the constu-
ton is vested equally in all the branches Of the legislature
of the State may be disposed OF by the legislature
time to put it in the power Of either branch for if the
house OF representatives fused convention subs-
ute for the Legislature it may determine the number Of
votes that shall be necessary and thus it may resolve il
down to n number equal to quorum of the senate and
exclude the house Of representatives altogether 1t said
that the senate had opportunity OF being there SO have
the members of this body always opportunity of being
here; bnt it they do not choose TO and form quo
rum, we cannot legislator we are not Senate II is true
we often act without quorum; but If il appeared the
journal that we did So our act would be imperative.
i Now sir maintain that the true construction Of this
4
call that conyenton) for the purpose of appointing
tor requires that the two houses should be there have
been ask IT the members of the senate had Withdrawn
after the senate had come senate into the chamber to
vote with the house of representatives what would have
been the result2 To that that it would depend
precisely what the ournas of the two houses showed
journals showed that the senate and house of
sentaves had been there in convention and recorded the
vote whether they recorded it or not exhibited the
suit of that joint action, it would not have affected the
validity of the election but apprehend that it appeared
by the journals he. not quorum Of either house.
act of the legislature Of Iowa would make that APP
pontment Of senator by the legislature OF that State ac
cordng to the true Interpretation Of the constitution OF the
United States that if the legislature of Iowa,
Congress- flor 1t has the same power should enact that
less than majority OF either house where the constitution
of State required ority to constitute quorum in
either house should form quorum for the purpose of
pointing senator, it would not be legislature within
the meaning of the constitution The constitution Of the
United States referring "he legislature looked to that
legislature 1t is organized by the State constitutions and
not conventions may be formed by acts of the legislature
Mr. President have feeling on this subject have
thought proper to express my opinion on the constitution
al power of the Iowa legislature and the Interpretation OF
their acts because forced to my conclusion from the
best investigation could give to the subject felt as
said in the opening, strong disposition to maintain the
right Of the senator from Iowa to his seat because saw
that in this particular instance he had received majority
ofhose who would have been entitled to vote If the
venton had been properly organized but the effect would
have been the same according to the construction of the
senator from Georgia if he had not received majority OF
all those who happened on that occasion to be invited to
the sergeantatarms and when they got sufficient num-
Der answer their purposes they proceeded to elect and
they suspended the sending for absentees 1t may happen
such case where senate house of representatives do
not choose to go into the election that II the members are
to be summoned instead of the body to which they belong
the house who choose to sit IN convention may Summon
only such as they think fit to invite for that purpose
feel bound to vote for sustaining the report OF the COM
mittee should not have troubled senate witn ,less
remarks II we could have had Time according to my view
of the subject to present written report; but i in COM
mon with other members Of the committee anxious TO
bring the subject before the Senate in order that it might
be decided In time have another election in Iowa the
decision should be asI think it ought to be.
Il Mr. TOOMBS move an amendment to the resolution
of the majority of the committee TO strike out all after the
Z word "Resoyed,' and insert;
''Tha JAMES HARLAN is entitled to his seat senator
from Iowa"
Il Mr.. BAYARD. have some remarks to make; but
should prefer addressing the Senate on this question to-
morrow
Il Mr.. WELLER understand that it is important tina
should have executive session. and as the usual hou
for adjournment has arrived and the senator desires
speak on this question, move that 1t be postponed unit
= tomorrow.
Il Mr. HARLAN. For what reason2
II Mr.. WELLER. stated the reason. 1T is importan
that should have executive session the usual hou
for Adjournment has arrived and the senator from Della
Il ware desires TO speak on the question aa
il The motion to postpone was agreed to. I'D
NBw STEAMSHIPS ron THE PAcITTo rRApE--Early mex
summer there will be placed the Pacific the larges
steamship that mas ever hoated upon the waters of tina
ocean The New York Courier and Enquirer says
"She is now building, by Stephen G. Bogert in th
Westerye yard at the foot Of Houston street. and vii
}, register about 1000 tons The only approach that ha
been made to this among the Pacific has been BY
the Golden Age of 400 tons The dimensions of the