The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16
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took that point Is this The constitution of Iowa pro-
ydes that each branch shall SIT upon its OVID sdournmens
The senate cannot sat and cannot act except upon It's own
adjournment The everywhere is when there is
Joint convention Of the branches the house adourns
70 given day, and Is in session the senate adourns 10
that day. and Is in session. When both branches in
session the senate In session from Its chamber
ths chamber Of the house without adournng and the
HOUSE does not adjourn After the dissolution adjourn
ment Of the convention the senate returns to Its cham
ber and there enters the record the dongs of the
vention- Now the idea that advanced in reply TO the
honorable senator FROM Maine WAS that the senate that
day, having met and having adjourned till Monday after
that adjournment II was impossible that there could be
joint csnvent ton every individual member OF the
senate went into the house and acted. entertain that
opinion still but in this the question does not arise
because majority Of the senate did not go there That
places 1t different ground though II there had been
members who entered my opinion would have been
stiR the same.
Mr.. FESsENDEN. A majority of the senate there
an point Of fact although do not rely that at all
the honorable from Connecticut in this
way cary nothing at all about the provisions 81 me con-
should sit its adjournment; the constitution OF
Iowa. let repeat to the SENATOR any provision in it
has of effect this matter that may not be
trolled entirely by the legislature. According the
tors own doctrine which he laid down with much clear
and precision in the case of the honorable senator
from Illinois, Mr.. TRUMBULL the power TO act upon this
question derived from the constitution Of the United
States The constitution of Iowa simply provides what
shall constitute the legislature When has done that all
to nothing in the world but its action legislature for
the State Of Iowa. because having constituted the egsa
ture the constitution Of the United States makes the legs
lauro its agent puts the power into its hands to fix the
manner of holding elections, and 1t may fix just what
OF holding elections and make just such number of
requirements peases within the limits of the consu
ton Of the United States upon the subject and the act is
legal
Now sir Of what possible consequence CAN'T be whether
the senate had adjourned not ii in pursuance of pre-
yious law passed by themselves previous vote to which
both branches had given their all the members
OF both branches are present In conventions What diff
ference does make whether they from their respect
i've boarding az the hour named into the
ton thus formed whether they in due order, pre-
ceded by their &c from the senate cham
Der into tho house Of entatves from actual SEES
Mr.. TOUCEY. will answer the inquiry in word
The s that the adjournment is order binding
and that il impossible for any member Of that body to
do act in the time and 1t is impossible that the
senate should he 10 session in tho time just much
the of the senate had been distinctly declared
that they would go into joint convention That my
idea.
Mr. FEssENDEN grant that no member can 4, an
act a. member OF the senate "a that distinct Capacity the
Mr.. TOUCEY. Dr. in any capacity
MI. hooEEDEN That deny. 1t does not follow, be-
cause the senate and house. in their distinct capacity
preyouy voted that such day and at such an hour th
senete and houSemeaning the members because ii in
ciades the membersshall be in convention. That is
where they are that is where the legislature is When
the senate adjourned 1t adjourned senate 1t did
ad)ourn the convention When the convention adjourned
It adjourned convention of the senate and house and
me members composing the convention Of the and
house can come together when the hour arrives
wherc they come from, and matter whether majority
whole.
Mr. TOUCEY. win the senator allow me to put an in
tayrogAtoryY '
NJ. FEssENDEN Certainly.
MT TOUCEY. will ask the honorable senator if ever
TINS country there has been an Instance when the senate
went into convention with the house. not being itself in
session, , according % It's adjournment3
MI FESSENDEN. It may be the first time in the his
tory OF the countryI hope is the latin which any
majority Of senate ever behaved so badly rs did that
senate Of Iowa in this instance hope there has been
other case. and that there never will be another.
Mr.. HARLAN. have case in point The legislature
OF Indiana, in the election Of Mr.. White to seat as
member or this body convened from day to day
venuon without meeting house Of representatives
as senate in their separate halls as the journals of the
legislature of Indiana will show. They in session
convention, perhaps for many twenty thirty
days had much difficulty in agreeing, and convened
their adjournment convention from day to day
without going into their separate halls senate ami
house.
Mr. FESSENDEN. I am sorry that they behave so bad
out West they do in reference these mat
ters ELaugher That however, the senator from Con-
necucu well knows is answer Suppose it to be he
case IN which the necessity but tho want of prece-
dent does not show the galy of the proceeding There
must ever be precedents made by new This case
What is the result7 Let me repeat The convention
WAS legally formed That convention had rs its incident
whether acting under the law not the power of adjourn
ment II was the legislature in convention as everybody
concedes Certainly it has been conceded by every
.or mat they had right to form that convention and if
they had right to form it when formed the legislature
was in convspon. That necessarily follows Being in
convention they had before stated right to adjourn
Iney oid adjourn to hour certain The power of the
In convention overrued the power of each
rAe body to act upon the matter without the concur
renee Of tho other Certainly did because they were
acng under law passed by both bodies and body
can revese that decision declare that law Imperative
sso as have said before you put both parts of the egs
aur the whole body Of the legislature under the control
81 one single component part Of it, which is absurdty
decision made BY BOTH it is said may be reversed by
say even If 1t s correct what the senator states could
follow that time and place being legally agreed upon and
IL necessary for those two houses proceed each
body to the place fixed at the time appointed IL they
80 tnerc all that necessary They there Then
suppose AZ the votes to be thrown for particular ndi-
mombers OF both branches the senator from Connecticut
says that the election would be Illegal simply because the
members got there without first going into their respective
chambers and holding meeting
Mr. TOUCEY. Because there senate there.
Mr. FESSENDEN. The senate was there from the be-
ton met and when the convention adjourned from day
to day the senate necessarily adjourned to meet in
ton. During that period they could perform any sep
arae act and have that act legal simply because the egs-
laure WAS by its vote in convention at that time
agree with the honorable senator from Georgia in full
Of sort Of consequence whether there single
TOR there not The senate there and could be
whore else
Twill not continue these remarks Mr.. President have
bean drawn ont 70 greater length than expected
assert - principle that without the action Of the senate