The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-14

II
the Senate consists of its members There may be- Ia COM
mon parance, difference between the Senate as body
and the senators Individuals but this does not apply
after that one body has merged itself into another body
There cannot be two bodies the lesser within the greater
because If the lesser body goes into the greater body
makes Of that greater body and there are no longer
! two bodies, bnt one. The body in this the
joint convention, the general assembly and the senate
was merged into it, 1t was longer separate body but
was iood and aiment to make and support the conven
ton and the convention alone had power and the con-
venton alone had vitality The senate and house of rep
resentatives the constituted elements which are TO
together and when they together they cease TO
be the house. they to be the senate and they constitute
joint convention and upon that joint convention devove
certain duties AS well said by the honorable senator
from Georgia, 1t would have been perfectly competent for
the people of Iowa to say that their legislature in that
diton should perform all their legislative functions They
might have provided for secng members to body to
form the legislature They have not done this but they
have said there shall be and house of representa-
ves for certain purposes for making laws they shall act
separately certain purposes the senate shall be one
body and acean purposes the house of representatives
shall be body and for certain other purposes the two
together shall make hody and neither separately shall
make body That provision was made to meet exactly
/ the very case which is now presented.
have great supersttions regard for State rights 30
to set myself up their guardian think, has been
well sad the States can take Of themselves but
cannot help thinking that to turn this senator out will be
ungracious act to the State of Iowa. cannot help
feeling that it will be sort OF indgnity to that State. 1t
will be saying to her ut is true you have constitution,
and you have laws but you do understand them Re-
member sir this is not question arising under the qua
cations prescribed in the constitution of the United States
You have governor and he has construed the law you
have Judiciary and they have construed the law aud
have legislature and they have construed the law
These three voices all but you do not understand
the matter. The governor says there general
bly, that met and elected in pursuance of the
situti, n, but say there such assembly" We
to the people of Iowa. in substance that the Judiciary
which is administering their laws if they to the
right of the case Judiciary but mere cover that
holds his there who has no right it, because
he chosen by this illegal assembly which undertook
to elect senator of the United States and turn him
| out because it had no such right
Again, sir there is another view Of this By the
constitution of the State Of Iowa. the judges Of the supreme
chosen in the way that the of the
United States are and hold their for six years. and
until their chosen and qualified The retr
ing judge looks upon this law just the incoming
does He makes claim to hold nobody made any
such claim for him. He went out and Judge came
that to it will be ungracipus task for
us to set ourselves up and say to the State Of Iowa.
do not understand your duty and notwithstanding the
fact that this election has had the sanction of all the de-
partments OF government and after year they
been content and silent yet at this late period have
found out that Is all mistake Sir, ought to be
careful how meddle with this matter If we undertake
10 institute such subtes and sophstries have been
introduced into this discussion do know that there
are many members here who could hold their seats
know that my title is not good this senator's the
legislature preceding the that elected had majority
the bodies in favor of another man. but they did
not happen to have joint convention together
and give effect TO their will. Taking the votes which
certain Mr. Wells in the house and in
senate tnem togetner, ne hdd majority
OF The two bodies Hyou are gong to introduce snb-
ties Of this sort they will be applied both ways and eS-
pect that sn inquiry will be made into my right seat
and shall bs trned out Ii the vores had been
brought together In the usual mode adopted
the public sentiment of some States they would not have
elected me- They would not at that time but they have
grown wiser sine. [L4ughter.l
Some persons say that do sit here to correct these
things Very trpe we do not and they ought to re-
Th srea g hs psope and Jet the people take care Of Them
pect The question of the conduct these has
referred 70 the people, and they have passed upon it
have not word TO say to the Judgment Of the people
do not feel any great solicude far my friend who
sits at my rights concerned If yeu send him home, he
VIII come ha"s equally sound with hin will
be here in his place. so thG M as that is concerned
cannot disturb at all Bnt there is question OF
esy behind all this and there some other questions Of
right.
fear, knowing human nature as I do that there may
nrk in the breasts of of DESIRE by of the
Senate to vndicae of political friends from the
charge Of having acted facousy in refusing go into
TINS convention do not know, and do not charge that
there such desire but knowing the inrmity of hu
man nature, and knowing how apt sometimes to
mistake considerations of this sort for those convictions
which ought only TO be worked upon the understanding
faar that something Of this kind may possibly mnge itself
with the notions of some of the outsiders who are found
starting the investigation at this late time because if
was from real desire to purify the Senate if it from
real desire to vndicate the rights of the State of Iowa.
and that was all cannot account for the fact that
has been suffered to sumber long, and brought up
Mr. DOUGLAS. Mr. President it must be matter Of
profound regret that the senator from New Hampshire
not been able to discover in the arguments which have
been made in opposition TO his views anything worthy Of
the name of even decent sophsry presume he deems
his own speech such conclusive argument settle all
the matters in dispute He cannot discover how
tertaining different views from himself governed by
worthy motives.
Mr. HALE. did not say SO.
Mr. DOUGLAS. He did say So but he insinuated it
about dozen times in the of his speech think il
is as honorable and as manly say offensive thing
to nsnuate it and then declare that 1t has not been said
He supposes that there must be some outside influence
some desire to sustain the action of political friends some
thing improper and not pertinent the decision of
legal and constitutional question: influencing the minds of
senator's Well sir, IT, under the circumstances in which
this case presened he suppose that large body of
the Senate governed by such motives do not envy
him his thoughts He cannot discover why the question
has been allowed to come at this day. after year
elapsed from the time when the senator from Iowa took
seat and he intmates that there Is something very
liar something hidden about it. which would bear the
inspection OF daylight What the facts At the open
ing OF the last session of Oongess believe on the ay
upon the table of this body the proceedings of the senate OF
Iowa declaring that there had been election Am not
right2
Mr.. JONES' of Iowa. Yes sir
Mr HARLAN. The protest Of the senate of Iowa had
been sent to the Senate of the United States before the adj
ounment OF the legislature of Iowa which this election
TOOK place. aad the table of the Senate when ar
rived here. II called up by the present honorable
PRESIDENT OF the Senate at that time read then laid on
the table again. - -
Mr. DOUGLAS. Thus we had protest of the senate of
tne ue OF Iowa. read in open Senate lying upon our
Aoe declaring that there had been election and hence
tnat Tue sitting member here without any lawful
,nory sir should have supposed that the senator from
IOWA. being thus decsey situated bis right his
denied concurrent branch of