The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-15

such instances the members of both branches OF the e
ature form electoral collegeer y amounts 70 nohg
else-and for that purpose they all oas body All se
arrangements which said TO have been violated IN this
only arrangements to courtesy which are very
proper in their place. but apprehend that this election
would have been Just good II the members OF the senate
had not gone in state started of with the right foot
foremost If majority of the joint body was there and
acted seems TO me to be valid election For these rea
shall vote for the incumbent retaining his seat
Mr.. BENJAM N. Mr.. President the question which Is
submitted 10 the Senate before us in shape as I'M
posing probably, any contested election ever could
There is individual present contesung the seat
of the honorable senator from but have before US
solemn protest Of branch of the Legislature OF his
State declaring that they took no part IN h,s eecnoh
and protest against his taking seat on this floor am
not OF all the precedens on the subject have not
examined them; but can conceive OF no circumstances
under which Of this kind could be presented more
mperatiyey calling upon s fo csmsess and deliberaiion
before we come TO conclusion. .
When this question first presented to my mind not
only entertained doubt myself upon the subject but
appeared to be matter susceptible of two consirnc-
ons The argument however, that has taken place IN the
Senate is the best proof Of the uncertainty Of human dg
ment for here upon admitted state OF facts and with
but very few plain behess of the law before members
very widely divided in opinion think sir, that the
views which entertain of this subject although they con-
cur in any particulars with those of gentlemen who have
addressed the Senate not entirely in accordance with
any that have heard expressed For that reason beg
leave with all difdence to submit hemsubmitting them
with the ddence because have not yet heard them
strike my mind
believe Mr. President all admit that the exclusive pow
having authority organize the legislature Of State
the people Of that State assembled in convention to form
its constitution. believe all will admit that the people
assembled in convention have the 10 constitute their
legislature in any mode and that may Seem bit to
them for the performance of any business which it may
become incumbent that legislature to transact either
under the State constitution under that of the United
States think none will dispute this. draw them from
that undisputed power State convention this coroary
that in the formation of State constitution it may pro-
vide as II peases for that which shall Constitute egisa-
fectly copetsn. for the constcR Of the State Of Iowa.
taking the under consideration for SSiSn TO de-
clare that for the purpose levyng taxes the Legislature
of the State shall be composed of three bodies whose con-
shall be required for the validity of law levy
ing a&es and further to provide that for the passage OF
any other laws the Legislature shall consist of two branches
senate and house Of representatives, and further to pro-
vide that for the purpose of eectng senator Of the Uni
ted States peffofng any electoral duties confded to
that body by the State constitution this Legislature shall
consist of body and that that body shall be composed
Of the members of the senate and house Of
who shall be gco members of the single body that
shall constitute the Legislature for electoral purposes
In other words know no limits TO the power OF the
people Of State In organizing legislature do know
limit to that power in relation to giving directions to the
legislature upon the election of senator's The constitution
of the United States is of the authority to elect the
The constitution of State organizes the legis
laure and upon the subject Of senatorial election
further than to oganzsa Legislature The instant that
constitution proceeds determine at what time and what
place. or in what the legislature which it has
ganized u proceed the election of SENATOR it usurps
function which, by the constitution Of the United States
is exclusively within the power OF the otas Legislature al
ter its organization.
Now, sir, taking these tive constitutions-lowa and
Louisiana please for colleague has referred to that
of our Sate-what do you find You find the exer-
else Of the organizing power which have just referred
existing the constitution OF bousana for the conven-
ton which created the constitution OF that State has
vided for legslaturesone the legislature which is to
pass laws and it is provided that that legislature shall
consist of and house M representatives and that
no law be passed unless each body separately
by quorum that body and 10 afterwards approved BY
the governors but for the purpose Of eecng United
States the people Of Louisiana had tight to
ganize their legislature as they pleased and they have
organized legislature for electoral purposes by declaring
that the legislature which is to elect shall be
body two and that that body shall be composed
of the members of the two branches-not of the two
branches separate bodies but of the members of the
branches The convention Of Louisiana, therefore, in my
Judgment exercised power inherent in the people, organ
lied legislature for the purpose Of eectng SENATOR and
and prescribed what time the election should take
place In that usurped the function of the legislature
and to that extent in my Judgment its behests may be lie
gay and constitutonay disobeyed, because it had
power to give the order.
Last year had question involving in my judgment
the same principles that before the Senate and by
large majority In the of the honorable senator from
Illinois, Mr. TRUMBUL1, the Senate determined that
State convention in forming the constitution of State
had power to change the qualifications required for
in this body because those qualifications fixed
by the constitution of the United States and could neither
be added to nor diminished by the power of the people of
State This power vested in the legislatures of the sepa
rate States being conferred them by the constitution
the United States neither be diminished enlarged
extended by any act of the people of the States in their
conventions. Their power is limited to organizing the
legislature The legislature organized gets its power
the election of SENATOR not from its State consu
ton, but from the constitution of the United States.
Mr. President, if am right in this statement of princ
pes-and nothing in them perfectly in accord
with the entire theory of State and gov
ernments-it follows that in order to ascertain whether
the senator who claims his seat has been duly elected
have to look set of provisions in two forms of
eInment-the general and the State government Both
to be observed in their respective spheres and If the
legislature Of the State of Iowa. the passage of the law
in relation to this subject by the constitution of the
United States the constitution of the State of Iowa
that extent the action is invalid being in conravention
Of the supreme law of the land.
think may the readily get clear view of the
principles which govern this subject if we take the
provisions of the constitution of the State of Iowa. and
read them il they all in instrument They are
all TO be obeyed and observed. Let us read them in
sequence If they but one instrument Without
ferrng to their precise language the this The
stuon of the State of Iowa has the exclusive power of
organizing Legislature; that legislature has the power
choose senator that Legislature has the power to de-
termine the time and place and in which il shall
exercise its choice Reading the constitution of the State
of Iowa. let how that legislature is constituted and
will interpoate in it coocating the sentences in differ
ent Order those provisions of the constitution of the Uni
ted States which have reference to the subject and which
equally binding
The legislative authority Of this State shall be vested in
senate and house of representatives which shall be desg
mated the general assembly the State Of Iowa. The
of this legislative authority is to laws and to elect
United States SENATOR majority of each house shall con-
stit a quo TO do sineas