The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16
CITY OF WASHINGTON FRIDAY MORNING, JANUARY la 1857

Iowa as to what shall be quorum The senator contra
dies himself when be undertakes to that all the power
has power the legislature and yet undertakes TO
that the legislature must be bound by he
the constitution Of Iowa in regard 10 what constitutes
quorum in relation to their business
doubt very much, and think 1t Is more ingenious
than sound the distinction which the senator draws in re-
gard To the constitution of louisiana He says two egs
atutes are constituted by that consttutonone for one
purpose and for another doubt the power 10 do
that There and be but legislature OF the state
Of Louisiana When it Institutes It's legislature Tor all
State purposes the Constitution Of the United States con
ers Iha very the right and power to elect
and @hen the constitution OF Louisiana goes on
to prov de that that legislature in eecting senator shall
act in different mode provides what It cannot enforce
The tier be got rid Of by saying that II means
one legislature for purpose and another for another
purpose That is evasion, the honorable senator
will allow me 10 say mode OF geting out OF the
1 uty, when be meet it. The eeisaturs is hr
aw-making power IL is the power which the constitution
of State has provided for enactDg laws for the purpose
of accomplishing the objects of legislaon and 1t cannot
constitute another legislature with power 10 make lave
and no power to do nythng but simply elect United
States SENATOR No sir You get back TO the very point
OF ohtiion which s that the constitution OF the State OF
Louaaa has undertaken to do what 1t has power 10
do that is to establish the mode aud make it binding In
which the legislature shall act in the election OF senator
have supposed that such law was passed by Con-
gress and agreed by the legislature of State Then
the inference obvious enough that as Congress mas
passed no law on the subject the whole power rests
exclusively and entirely in the legislature OF the Stte
and in the legislature which is to accomplish the pur-
pose which is to elect the senator They are the per-
sons they the bodies having exclusive power over this
matter. Then suppose they resolve in any FORM and by
the action of all the branches which by the Constitution OF
Iowa constitute the legislature g. The State that at Ger
purpose of eec,rga United States senator and that
me At that place. and in certain prescribed manner,
they will proceed to the election suppose they say that
that tme In that place. and In convention then to be
formed tbs two bodies acting togethet shall b. merged
into one, that majority shall constitute quorum and
that whoever Is elected BY majority of that qaorum shall
legisated There the action Of the body there is the
OF egislature there is the Of the legislature
there the decision of the very body which is appointed
thus legally made, their power legislature having
been exercised with all the forms Of law, both branches
having agreed to it what to prevent its being legal
Does II cease to be leg because has met in
venticn s itnot legislature when Il is In convention
Has it lost its character because has gone into
tion and both branches are united in one
Let put to illustrate this. Suppose for in
stance the constitution OF Iowa silent the
in which laws should be enacted and had simply de-
cared that the wmaEing power the legislature OF Iowa.
should consist of senate and house OF representatives,
which should have the power pass laws In such
ner as they should choose to determine then suppose
these two branches should pass law that they would meet
the State and that in that convention majoty Of the
whole number Of both branches should constitute quo
rum: would not that be legal Would they thereby
to be legisature2 Would they not have the same pow
er and the right laws which they would have
when acting separately? If co. Congress may make the
same provision that Legislature itself may make the same
provision for the constitution of Iowa does not apply
there power prevent their acting precisely in
they might with reference State matters if
the constitution Of Iowa had been silent This matter is
outside of that constitution entirely, and has nothing
10 with it.
have spoken following the line Of argument Of the hon.
orabe senator from Louisiana, of this question: and do
not wish TO much more upon it. O what consequence
would II be did the constitution of Iowa propose and pro-
vide different mode from that adopted by the legislature
The senator comedies with me that il would have sort
OF effect that IL could have binding force that the
con utu'ion OF Iowa make provision which would
control the legislature In the Of this much
less can any preceding legislature pass any law which
would have any binding effect and validity because they
have power this point other than that given by
the constitution of the United States and no such power
is given except to that body upon which the election de-
Now sir what difference does it make- put the ques-
ton to honorable who argue that there must be
al assent OF the two that given
before they meet In convention after they in
venuoni IL is only necessary that there should be
sent OF the two branches something show record
If you please that all the component parts of the legisl
ure have agreed to do that hng which they bound
do IN particular mode When that mode is to be pointed
out II is evidently proper-of matter of necess
-that 1t should be Fixed beforehand How was this case
in lowa2 The Two branches voted that certain day
and at certain hour they would in convention for
the specific purpose of elecng Was thai
their assent2 Was it not all that necessary What
control III They meet in convention
they had the exclusive right to decide the question NJ
power could them the decision to which they
had right to come In reference to that matter They pro-
ceeded 70 meet in convention and they had certain action
and the question arises whether that action was legal or
not under the power vested In them.
contend Mr. President that when gentlemen concede
as they do concede that the power acting
may be waived BY the two branches, they concede the
whole II the two branches of the legislature have
under the constitution the right waive their power to
act separately and 10 60 into convention and jointly
AS gentlemen concede, all the rest follows When they
have waived it, and have made that waiver in distinct
legal FORM and subjected themselves to the action of the
convention thus formed they necessarily obliged to be
bound by the consequences which may follow
Then sir let consider for moment what the conyen-
uon Was legally formed2 Ii denied that IL
formed legally because formed by the assent OF
both branches of the legislature came together under
their action No senator here undertakes to say that II
not formed in the mode prescribed by law 30 as TO
make it legay-constituted body. am perfectly indf
ferent whether they considered acting under tho
law of the State Of Iowa. then in existence or as act
ing In contraventon OF that law because as before
stated, the law had binding force on them 1t may
DO said and has been suggested that the law ia binding
until repealed that II they undertake go into con-
venton while that law exists they must be bound by that
law and follow its provision Not So law passed by the
legislature of Iowa. any other legislature while il
sts is binding far State legislation Is concerned and
nothing can be done in opposition it, Legislature
ceedng may repeal it, and may then but in electing
senator II s unnecessary repeal the law ANY action
OF theirs which shows their dissent from it sufficient
legal action and the law of Iowa has effect whatever
unless those who acting at the time in ecting SEN
aor choose TO adopt it, Why7 Because in passing that
law the body which undertook to pass it egsated upon
subject over which they had no control 1t is competent
for the Legislature who elect adopt it or
not as they see Mt They do it by implication or they
may do IT directly hut if they choose act in the lace OF
it unquestonaby their act il in other respects conform
able to the constitution is correct Take instance