The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13
CONGRESSIONAL.
IOWA CONTESTED ELECTION. OF
TIE DEBATE
* sEsArE, JAsuAnY 8, ls57.

Mr HARLAN, concluding with resolution declaring the
seat vacant the pending question being the amendment
offered by Mr. TooMBs strike out all after the word Re
sopedh and insert "Tha JAMES HARLAN is entitled his
seat as q senator from Iowa.
Mr. SEWARD Mr.. President our misjudgments gem
orally result from choices Of positions from which
we survey objects subjects Some of the views which
been taken from the senate OF Iowa. others from the house
Representatives OF Iowa. and still others from the legis
laures of other States think the true position be
sumed is Senate of the United States
That may simplify the question, shall take no notice
OF the fact that the member whose right dispu
ted has been 80 long ago condonay admitted TO IT, and
shall argue the question though he present
ing his credentials and demanding admission into the
chamber.
The first question is what can the Senate of the United
States require OF him. The answer s the claimant must
show that he was chosen appointed elected be
senator from Iowa. by the legislature of that State
The words Chosen @appoiniedS and elected equva
ients because while the constitution of the United States
says that the Senate shall be composed OF
from each State chosen by the Legislature thereof it author
ICES the executive of the State make temporary appoint
ments and 1t also declares that person shall be
Tor VINO shall not have certain prescribed qualifications
when he shall be elected
is necessarily involved in ehol6e election or appoint
ment OF senator w the legislature Of iowa that l. shall
Se done ct some time sne place and in some manner
90 S question necessarily arises on receiving the creden
GALS OF ne claimant whether the legislature Of Iowa chose
him TO be senator at the right time, at the right place
and IN the right manner What then is the right time,
what the right place, and what the right manner 7
To ascertain this we inquire what authority rghtully
determines the time the place. and the in which
senator from Iowa shall be chosen by the Legislature
Iowa. The legislature of Iowa alone for the constitution
of the United States declares that the time, place. and
manner of holding the election for senators shall be pre-
scrbed in each Sate by the legislature thereof and al
though right Is reserved to Congress alter State regu-
atons thus made except to the place. yet is equally
true that while the legislature of Iowa has prescribed
time place. and manner, for ITSELF by regulations Tor
this purpose Congress has not altered their regulations
No question is raised here about the time and place
which the claimant was chosen 1t is only the manner
which Is subject of complaint
The inquiry then, is resolved into this:
What is the manner of election prescribed by the e
gisature of Iowa
2. Was the claimant elected in that manner2
What Is the prescribed by the legislature Of
Iowa2
The legislature in ls47 by law prescribed that the two
houses OF which that legislature is the
senate and house of by
resolutions coordnateiy psbsed designate hour for
the meeting or those houses in convention to choose
ator.
That after this designation of how each house shall ap-
point teller. '..a
That at the hour thus designated the two houses
distinct bodies preserving separation and identity but
the members OF both houses shall meet in the representa-
tves hall for the purpose of choosing senator.
That in the convention thus formed the president of the
senate in his absence the speaker of house
atives, and, in the absence of boh president pro
pore be appointed by the convention itself shall preside
and the two eers before mentioned shall be judges of the
election
That the chief clerk of the house shall
be secretary OF the convention while the secretary of the
senate and the chief clerk of the house of
shall record the proceedings of the convention in the jour-
nails of their respective houses.
That the of all the members of both houses shall
be arranged not classified according the membership
OF the two houses respectively, yet distinguishing
them as senators representatives respectively but pro-
miscuously in alphabetical order and each member OF
the convention shall vote in the order in which bis
arranged If any person shall receive majority
votes of senator's and majority of of representatives
but OF the votes of all the members or the convention
constituted who present he shall be the senator no
a hA nnnV want lha1
continue voting then or at such future times a majority
Of the members shall fix by adjournment from time to time
to vote in the way until person shall obtain
such a majority and 80 be elected.
JAMES HARLANs credentials show prma acie that he
chosen by legislature of Iowa in the prescribed
Why then shall he be admitted to his seat? 1t OBJ
ected that the fourth fifth day of the sitting Of the
convention the president Of the the teller who
had been appointed by the withdrew and refused
omitted to act further in the convention Their places
filed by the convention Their duties
al to eecton they merely incidental and minis
teria Their absence was irreguarity which did
in any way affect the votes cast in favor of any candidate
the aggregate of votes given to all the candidates We
are to argue this practical fact whether
withstanding this infomay irregularity, fair just
choice election appointment made, in substantial
compliance with the regulations previously prescribed by
the legislature Of Iowa. We suffer clerk a
presiding officer teller through accident blunder de-
sign to defeat great and necessary coustitu trans
action involving the federal right of the State of Iowa.
and affecting the very existence of the Union ITSELF -
One only objection remains which is this Whilst it is
of representatives the day designated for the election
and merged in the convention by the eectng of
organized convention, with roll which the
all the members of the houses entered in alpha
beca order aud that the convention thus organized
ceeded and voted several days for senator without
efecng choice at all which times the senate had entered
the convention formally senate yet that the day
when the choice finally made the did not so
formally enter the convention but the other hand
sembled in their hail. and dissolved for that day by
adjournment until the Some senator's however en-
tered the convention and voted beore Others attended
but did vote and declined to participate in its proceed
ngs 1t appears however that the claimant chosen
by majority of all the persons whose first
ranged on the roll Of the convention.
The objections rest on these grounds:
lat The legislature of Iowa consists Of two coordinate
branches.
3D. That it do valid act without the co-ordina-
ton and cooperation of both Of those branches each
ing least appearing in the transaction distinctly by
majority of this branch, or quorum oft.
| think the objection is unsound. The legislature Of
Iowa sustans double reationsone local one the law
making authority of Iowa. the other federal electoral
college choose senators in Congress from Iowa. In the
relation it acts exclusively under the constitution
Iowa in the other exclusively under the constitution Of
the United States. may concede that in the former rea
ton il act by independent cooperation or co-ordna
ton Of both houses in all cases.
admit that regulations, which are under review, do
require the two houses to resolve themselves into COM
mon body in which the separate identity individuality
of those separate branches exDgushed orhe purpose
of choosing senator in Congress- and that when the
merge has been made and the connexion constituted it is
independent of each of The branches and to that
transaction supersedes them both and be term
mated arrested but by it's act by the concurrent
and coordinate action of the two houses being creation
of both
In this view, the appearance of the senators in their
collective capacity at the convention was merely formal