The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-14
sS,~,,S S.M

vou have dsuensed with the second section by minority
slscng president pro tPor instead o. ne senate 40
third section in having tellers elected by each house
have shown that you have dispensed with the fourth
section by having record kept by both the clerk OF
the house and the secretary Of the senate have shown
that you have dispensed with the sixth section by mol
having teers take down the voting and report It, You
have dispensed with the ninth section by not having GER
tcate made and attesed by the teller and entered
the record What have you not dispensed with Inc
first section of the under your construction you nave
complied with under ours you have not The nftn sec
ton YOU have complied with. What thatf Making
list Of the members The seventh section you have com
piled with which provides that neither OF he canal
dates receives majority the convention shall adjourn
another time and the eighth section is to the same eec'
You have not shown compliance with any one maIe-
rial clause Of the awwth any Of the clauses
intended TO secure regular legal election ana prevent
fraud and submit whether II is safe for US 10 rany an
election which Is In disregard OF all those
all those securities which have been thrown AROUND tne
elective franchise and the rreguarity 10 regard to which
has induced branch Of the legislature 10 say tnat
they had nothing to do with the ACT ana that was no
election.
Mr. President without following this argument further,
think have shown clearly, by the law ITSELF that the es
sentia of the law of Iowa have been grossly vo
lated in this pretended election. gentlemen claim that
law authority, the election is void II they go beyond
that law the constitution either OF Iowa or OF the United
Slater it is equally void shall not answer the various
positions of senators upon the minor points may notice
one or two of them.
It has been argued here grayey that inasmuch as the
law of Iowa authorized the joint convention TO ADJOURN
from day to day and made tie duty the members to be
there it was their fault if they not there Admit
that they were derect in duty in not being there you
please for the sake of argument does that make the action
81 the alleged Joint convention valid if it proceeded with
out quorum 1t is the duty OF each OF US to be here
every morning at twelve O'clock in pursuance OF our daily
Adjournment but if do not come can minority pro-
coed to perform Valid legal acts in the absence OF
ty because the majority dereict in their duty
ali know that less than quorum cannot do any legal act
xnet send for absentee and adjourn from day 10 DAY
10 compel their attendance Or suppose we meet as we ala
mis- morning with quorum and by the middle OF the al
ternoon we find that there Is not quorum present. sne an-
entees have gone away without the authority OF the SEN
ate they are technically guilty OF contempt OF ne oena
for leaving and they esent for and competed 70
here but because is their duty to De mere aoes ~
bat minority can proceed do business and to perform
any legal act No. sir there is no authority In mnor
y to perform any legal act except the one specnea al
though the body may have been reduced 70 minority W
= NEGLECT of duty on the part of the majority -
am unable 10 perceive on what principle either OF the
constitution or of the law can be held that TINS election
is valid If there is any one point that we ought
with more severe scrutiny and greater care than al
Others it is the purity of elections the senate o.
United States cannot throw of the responsibility ~ sneu
ing themselves behind the opinion of Governor irimes
Iowa or of the of Iowa. however Respectable
they may be of any other body OF outsders or te
reason that the constitution Of ahe United oaes mas ue
Iaren that the Senate shall decide upon the iegaV o c
elections of members We meet this question: ana We
must meet II judicial question: impartay ACCORDING 70
the Ut the constitution and without reference 70
nartsan mr. aworhy purpose had hoped that here was
an onnornni,y decide this question impartialy without
any political bias hope still that it Will be 50 decided
It is question striking a. s very oundauon OF tne
ernment and the existence this Souy, invo'ins
regularity of our elections and the purity ne e'eouas
franchise There is necessity for our sanconng sn
gross Irregularities those which are shown to have ex
listed here There is mark of dsespec as the senator
from New Hampshire would ntEate towards the State OF
Iowa in turning out the sitting member.
He says that If vndcae the constitution and remand
the to his constituents we shall thereby say to
Iowa. "You do not know what about you DO not
understand your aars you not capable OF con-
STRUNG your own constitution and laws That may have
haan wOr Of
is it argument reaching the solemnity and Importance
Of this question? On what possible of contested cleo
ton could you not make this argument with the same pro-
prety2 Whenever State sends man here with GER
tcaa you might with equal propriety say that to nves
tgate his be dsrespect to his State You might
say that If we investigated his right under tine con-
sttution mpeaching the action OF that State
remember very WELL few years ago. when my then gallant
colleague General Shields presented his certificate here
did restrain your action by any such consideration
that it would not be respectful to Illinois You went
behind the certificate, you adudged upon his qualihca
TONS and you turned him out. Illinois sent him back
again as have no doubt Iowa will send back the senator
from Iowa. He had in the mean time become eligible TO
the place. and occupied the seat with great honor TO him.
self and usefulness the State So 1T has been IN every
case where you have turned You have had to
the State "n this instance you have exercised your
right elect senator in violation OF the constitution OF
the United States" There be no possible case Ia
which the objection will not apply II we are to DC
restrained in this instance from the fearless and faithful
discharge of duty by motives Of delicacy towar Is Iowa.
exercise the motives OF delicacy towards
every other State and retain every man who hnds himself
seated in oua of our chairs without inquirng by what
right what law what constitution, he obtained that posi-
ton.
Sir ald there is nothing disrespectful uncourteous
IowanC. thing Gnkind nneOnreous to the senator
whose ccatestedin applying to him those rules
which the constitution has made it our duty to apply to
every claiming seat this floor whose right to
seat is denied. believe have never known discussion
involving interests of this magnitude conducted with more
courtesy and greater absence of partisan ieeRg ana
marks than have characterized this discussion iee MOI
the slightest interest to watcher the senator
shall remain go back If have any impIs,on thnk
would rather trust him than the risk getting
worse his place if he back but that is mat
ter with which have nothing to do If ne were my col
league, my brother, ormy devoted friend, should be
bound to apply to him the same rules that would Apply
under other Personally courteous relation
ship subssts between the senator from Iowa and myself
Politically differ widely but lido not believe he would
could be swerved from my of duty and nay sense OF
constitutional obligation by any personal or political con-
sideration.
Then Mr. President without OBTAINING the Senate longer
must be permitted remark that the safer course would
be 10 declare this election void. do not believe it has
been held ia conformity with the constitution OF the United
States do believe it has been held in conformity
violation Of nearly every section of the law OF Iowa under
which it is alleged to have been held
mr. REID. move that when the Senate adjourns to-
day ii sdjourn to meet on Monday next
The PRESIDENT pro tsmpore. The Chair will entertain
that motion Gy general consent
Z Mr.. HARLAN. hope not From the remarks which
have been made by tie from Illinois this afternoon
every senator will perceive why desire the Senate to sit
tomorrow. reno, no.n
The PRESIDENT pro tempore. The motion is not in
order without the consent of the Senate.
Mr.. HALE and others It