The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16


him home because orsootb the right man did not preside
president or the right tellers were not sppontedf
think not
Then this case depends entirely upon what constitutes
legislature The senator from Louisiana Mr. BENJAMIN
has stated that question clearly that very little can be
said in addition TO what he has sad. concur win MIN
entirely that the power elect senators is given by that
clause OF the constitution which says that the Senate Of
the United States shall be composed of two senators from
thing which the constitution Of State has to do with the
matter declare what shall be its legislature Every
State has right In the convention which forms its
stitution determine what shall be its legislature That
legislature as has been well said be one body or two
bodies, or three bodies
They had right say hereI wish TO make use OF the
argument which the senator from Louisiana made SO clear
that the legislature being two three bodies just
the people Of the State think proper in their constu
ton to make IT. the election is to take place by that body
He informs that the constitution OF State may provide
that for purpose there should be two branches for
another purpose there should be three and for another
there should be one agree with him That is undoub-
eddy find In looking into several of the State consti
buttons that they have provided IL will illustrate my
view of this subject better than in any other way by
erring to two three of them The constitution of Vr
ginia provides:
The legislature shall be formed of two distinct branches
which together shall be complete legislature, and shall be
called the general assembly Of Virginia"
Now what is that general assembly to do One of the
provisions of the constitution is he judges of the supreme
court of appeals and of the superior courts shall be elected
by the joint of both houses of the general assembly
For the purpose of electng judges Of what does the
legislature rather the general assembly of Virginia
hs he ssy % soe N
gether body 1t would not be joint vote if they
voted separately and majority of each house were
quired to make choice Then, in the State of Virginia
find that the legislature the contemplation of elect
ing officers is body The is the in Georgia
The constitution of Georgia declares that the legislative
power shall be vested in separate and distinct branch
es, to wit senate and house of representatives to be
styled the general assembly
What may this legislature do aAl elections by the
assembly shall be by joint ballot of both branches
Of the legislature"
Then the legislature or general assembly of Georgia is
body, and acts by joint vote in elecng officers and 1t
expressly provided that all legislative elections shall be
In the constitution Of Kentucky it is provided that
The legislative power OF this aha, bo
vested in two distinct one 10 be STYLED the
mouse OF r.uatves the other the senate aud both
lucky"
In providing for the election of officers that constitution
declares:
"Ths State treasurer and printer printers for the Com
both houses of the general assembly"
The provision is to be fosnd in the constitution
Tennessee need not refer particularly the clause OF
the constitution of that State. In Louisiana have
is this:
elm the year In which regular election for senator
the United States is to take place. the members of the
eIs assembly shall meet in the hall Of the house
tare, and proceed to the said election"
understood the senator from Louisiana, Mr. BEsJA
MIN whose ear should be glad to have the present
caso to say that under this clause of the constitution
Louisana which creates legislature for the purpose
electng senator 1t would be competent for majority
the members Of the the legislature
meet together and elect SENATOR and that election of
ator would be valid, although quorum of body
not present Did understand him rightly
Mr.. BENJAMIN. Yes, sir
Mr.. TRUMBULL. Them suppose If it should turn out
that there is precisely such provision in the constitution
Of Iowa shall have the pleasure Of having brought the
Mr.. BENJAMIN. Undoubtedly.
Mr.. TRUMBULL. Then beg lave to refer him to thu
constitution Of Iowa. That constitution provides:
The legislative authority of this State shall be vested in
mated the general assembly of the State Of Iowa."
The same constitution declares;
In all elections by the general assembly the memberi
shall vote poa voe and the votes shall be entered
the JOURNAL" .... .... w.. +.
Another clause provides
The judges of the supreme shall be elected by joint
vote Of both branches of the general assembly,"
This provides for elections by the general assembly The
general assembly consists of two branches The provision
is that they are to vote cpa and all the elections which
they make are to be by the general assembly, made up Of
the two housesthe members the Senate will observe
Mr.. BENJAMIN II the senator will read any clause
which says that all elections by the legislature Of Iowa
shall be made by the two bodies in joint assembly
JOINT convention, will attach very great weight to the
discovery did not find it.
Mr.. TRUMBULL. The provision is this The consttu-
ton of Iowa declares what shall constitute the general
semby consisting of two branches then provides for
elections by the general assembly, not naming United
States senator and declares that those elections shall be
: ME- BENJAMIN Let me hear that provision did no,
hear it.
Mr.. TRUMBULL 1t is this
The judges Of the supreme court shall be elected by
joint vote Of both branches of the general assembly,
The other section is:
thereof shall vsa and the votes shall DO entered
the Journal"
Taking these two clauses together understand in the
general assembly Of the State of Iowa the members
vote by joint ballot
Mr.. BENJAMIN / was very much surprised at the SEN
ators statement of what he had found in the consttu
ton of Iowa. for had read very carefully and had
to precisely the opposite conclusion read that consu
ton Thus it vests all legislative power in the two
bodies and in the single Of the election of judges
of the supreme court directs them to meet in joint vote
There other in which it directs their meeting by
joint body. The expression OF that to my
mind on familiar rule of interpretation the exclusion
all others The declaration that when they vote they shall
vote pUd has reference at all to Their being
nected together in body sitting in separate cham
bers provides that when they elect they shall vote cu6
They do this in separate chambers well in
As regards the election convention the
sttution allows 1t but In the case OF elections fol
supreme judges and therefore excludes it, far tina
construction would CO. in the Of senatorial election
Mr.. TRUMBULL. understand the constitution Of lows
very differently understood the argument of the senator
from Louisiana to be- that it competent for the people
of State provide Legislature of two three bodice
for any purpossay of three bodies TO make laws of
bodies for other purpose and of body for dir
rent purpose read these clauses to show that the
stution of Iowa has created general assembly for thu
purpose of eectng officers and the language the mem
49, ~ Ia