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

il might be actous and these questions which they
must settle with their consttuensno member OF that
body could valid legislative The senate could not
do any valid political body after it had adjourned
over and the individual members could not reassemble
themselves by consent under any system Of organized law
do not say what might be done under circumstances OF
necessity in new countries where meet without any
settled principles conne them but am speaking OF
civilized country like oursa republic in which organized
modes Of action exist The individual members cannot
act In legislative capacity for any purpose whatever
unless the body which they belong is IN session. or un
less authority has been delegated by the body TO them as
committee during the No individual member
do legislative act when the body TO which he belongs
is not in session. and other be found in which
it has ever been attempted They cannot convene them
selves that Is clear The constitution of the State likes
given day for the meeting of the legislature and the mem
bers cannot act in the interim.
IL they met at the time appointed and adjourned SINE
die will any gentleman tell me that then when the legis
ature not in session, the members would have au-
thority elect United States in joint conven-
ton or IN any other mode? Or suppose that after passing
these joint resolutions each body Of the legislature OF
Iowa had adjourned sine die had adjourned over the
day when the joint meeting to convene will any gen.
temaa tell me they could meet in joint convention when
the legislature not in session On what principle can
it be joint convention cannot be the legislature OF
Iowa except under its authority and that requires
the action Of both houses The constitution of the State
recognises right Of that kind 1t prescribes the quo
of each house. and it says in the most explicit and
peculiar language "each house shall sit on its own ad-
journments" How under such language as that, can
joint body composed of the two houses by majority of
that body undertake to overrue the constitution of the
State and adjourn the of the State prevent
the senate house from adjourning at their will, ac-
cording the express power delegated They in
hibited from adjourning for more than certain nu
Der of days. This inhibition is founded on q good
reason. 1t is one Of the necessities Of restriction.
Here, neither house can, without the consent of the
other adjourn for than three days but when they
have adjourned within the limits of the power confded
them they not in session If both houses have agreed
to adjournment the legislature not in session one
house alone has adjourned the legislature is not in session
though house may be. If there were such inhbi
ton in the constitution and the senate of Iowa had had
power to adjourn sine die will any gentleman tell that
If majority which constitutes quorum of the body had
decided that the senate should adjourn die there could
have been any legislative act done after that for any pur
pose whatever Strike out that prohibition, and what
would forbid it? The principle is the whether the
body has adjourned sine die for day for ten days
During the recess in which they do exist political
body, they do legislative action and can transact
business whatever Whatever authority the other house
may have inherent in itself by the provisions Of the con-
stuon of course it can exercise but whatever requires
the the other body cannot exercise in tho
Of that other body TO give their action any
obligatory force They can only act to the extent OF their
own power
come now, sir to what is an answer, in my view, to
the question propounded by the honorable senator from
history of the country by which nearly all the State legis-
laures great majority of them, meet in joint meeting
to elect senator of the United States either by
by ballot and other legislatures elect by
rent acts of the two houses In Iowa there is law which
authorizes majority of both bodies united to control and
make election and gentlemen say the usage of electng
by joint meeting sanctions the principle that when
of the legislature body dssents and refuses
the election made by the other house nevertheless the act
of the legislature because Of the law of Iowa. confess
that in my Judgment the mode Of eecting by joint meet
ing is irregulartyno more. That it adopted for
the purpose Of securing an election and avoiding the
dangers of difference of opinion between the two houses
which constitute the legislature is certain but how was
it adopted The legislatures of the different States met
The time place. and manner of election is conded by the
constitution to hem with the power part to alter
metz aud
to exercise the power in that way. Until you show me
case in which of the houses of legislature the time
and place fixed for the election refused integral body
by vote Of majority to meet the other house. where
that body adjourned at the time when the election took
place. and Yves longer legislative body for the pur-
pose of legislative actonundl you show me that
case you can show me nothing parallel to this.
can understand perfectly WELL under the principle of
passing measure sub sileno that have right to
inquire into the question how members of the legislature
whether Of the senate house. voted in regard the
election of senator Of the United States the certificate
here authenticated according to the laws of the
State In the attestaion Of the presiding Off
of both houses is required in Others the certificate
under the broad seal of the governor and he of course
must under the laws of the State receive the information
from the proper officers of both houses Where the two
bodies meet and give joint vote, under law which
thorizes the expressed will Of the majority whole to
ects to the election Of coursehey both assent and the
election valid Though the individual members on the
particular vote have chosen against the cand
Ssts hs the ood Is political body aents to the
case here The usage TO which have alluded may be
useful but think 1t irregnlarity If the ques-
ton had been raised in the early history of the govern
ment and presented to the Senate by no means GER
tain what the decision would have been II could not be
here for the simple reason that where no ques
ton was raised this body had right inquire as to
what members voted one way the other; and in the
case OF vote by ballot we have of inquiry The
case has never before been presented the Senate
United States in which house Of the legislature OF the
State has dissented political body from the validity of
the election ofa person receiving certificate member
of thi2 body. TH1ttse wv Z. is &tI
think there Is essential difference between this case
have commented Acquiescence constitutes the will and
gives effect to the legislative action here elsewhere
We pass every day, have before observed bills when
there is not quorum of the Senate present If the yeas
and nays are not called, division had bill may be
passed only five members here and you
ton II afterwards that ground 1t is the same prin
cipe precisely that has led the adoption of the con-
to meetin joint meeting and enabling the majority of both
bodies united to indicate who shall be senator In that
case both houses necessarily to the action of the
joint body IL neither of them protests whether they pass
particular resolution of assent not 1t does not
quire that The preceding law s the law which governs
ami they go into joint ballot under it When they meet
the expression of opinion by individual members 10
noticed unless of the houses an integral body
which composes part of the legislature chooses to make
the objection, and refuses to 20 ON with the cleo
tion. Then, ! gay, law can bind them because the
authority to elect senator does spring from the State
constitution, or from the legislature, but from the federal
constitution. You must look the State constitution for
the purpose of finding out what is the egsaure but u
der the federal constitution the legislature alone can elect
Though IN my opinion, the usage of allowing the major
y OF the members Of both houses united to e h ON
rreguarit 1t is reconcabe with the averydav action