The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10

made by the senate Of Iowa. is the fact whether
they senate had official notice OF the meeting
which the sitting member elected. Their allegation
only be taken true the supposion that they hac
official notice say is act OF courtesy 10 them
impue this meaning their disclaimer of notice. becaus
they present the preceding day when the
tion adjourned meet at ten o'clock the day OF tb
election which, by the law Of their organization, the con
venon had the power TO do The senate met In the
separate chamber the day and adjourned before h
hour of ten o'clock arrived and did go body into
the convention The sole QUESTION here made Is whether
that circumstance vitiated the eecon2 In my judgmen
it does not and will proceed briefly state the reasons
for this opinion. BY he constitution of the United States
it is provided:
from each State chosen by the legislature thereof
for six years; and each senator shall have one vote
OF whom did the legislature of Iowa consist2 Accord
ing her constitution tho members elected the senate
and house of representatives. who called the general
assembly invested with legislative authority. They
then, the persons whose constitutional duty ID In tie
this body.
The fourth section of the first article of the constitution
provides;
"The time places and OF holding elections for
and representatives shall be prescribed in each State
by the Legislature thereof but the Congress may time
law make or alter such regulations exceptas to the places
OF choosing senator's"
Congress has not exercised the power vested in by this
clause to regulate the time and of choosing
but the legislature of Iowa have exercised the
conferred on them by this section They declared by
that the election should take place the government
in the hall of the house of by the members
elected to the senate and house of representatives. called
the general assembly of Iowa. and that the election should
take place in joint convention of the two houses Thus
have the legislature of Iowa prescribed the time place. and
mode OF election The time is appropriate for is at the
session next preceding the expiration of the regular term
OF their senator in this body The place appropriate and
convenient being where the legislature meets and in the
hall OF the house of representatives the most numerous
branch The mode is such Iowa has dictated accord
ing to her wby joint convention of the members who
composed her two legislative bodies the members of the
house and the members of the senate They constitute the
legislature of the State and the persons to whom this
trust conded by the constitution of the United States
They go into this joint convention according to the law,
by resolution passed by branch and concurrsd in by
the other
The legislature of Iowa met in joint convention regular
y according to this law The house of representatives
passed resolution asking the go into the cleo
on OF United States senator at the session Of the egs
lature next preceding the expiration of the term of the
Hon. A. G. Dodge This resolution concurred in by
the senate. Thus far the convention regularly
sttuted 1t presided by the president of the
ate The speaker of the house of representatives pres
ent the clerk of the house of representatives in pursu
ance OF the law, acted as the clerk Of the joint conven
tion. \ .z
The legislature which enacted this law made another
provisions wise and proper onewhich ought to be
made by all the legislatures Of the States made by Con-
gress in the exercise Of the power vested in them by the
constitution To avoid the danger of the representation
OF the State being vacant in this bodyto prevent the
success of cous efforts to defeat election at the proper
time and thus to defeat the will of the majority of the
constitutional electors this law enacted that the
ton when thus constituted according law should have
the power to proong its own existence by its ad
journment from time to time, until some person should
receive majority of the votes Of the members of the joint
convention
1t was the wisdom of that legislature which defeated the
acous action of that State senate The houses passed
resolution for joint convention and met in convention
at the time agreed upon The convention was regularly
being unaoe to elect senator the first day they ad
jourped to another day, and yet to another and still to
another, until Friday, January 1855 after several
fruitess ballots they adjourned the morning
o'clock This adjournment by virtue of the authority
conferred them by the act Of the Iowa legislature
strictly in conformity with the constitution of the Uni
ted States The members of the senate who we're por-
on OF this joint convention, when this ad
jour nment took place. appears from their records
now in my hands, well from the records OF the house
OF representatives The senate recorded that adjournment
their JOURNAL they were bound do under the
act But although present at the time of that adjournment
the next morning. before ten O'Clock arrived which
hour the convention had adjourned they senate
and adjourned until Monday The honorable chair,
OF the Judiciary Committee says he presumes they did
not know Of the meeting OF te joint convention that
day have already SHOW from their own records which
he has presented n his report but which doubt escaped
him. that they did know it. Being present Friday when
the adjournment of the joint convenon took place they
were obliged to know IT. especially the fact Of that ad
journment was placed upon their own record. i
Mr. BUTLER. did not say that they did not know of
the ADJOURNMENT until 10 o'clock on Saturday; but say
that IL does not appear that the adjournment till Monday
was intended for purpose Of defeating electou
Mr.. TOOMBS. Not to suppose 30 is great courtesy to
them.
Mr. BUTLER. Ipresume they thought that, as SEN
ate hey had right to do they pleased in regard to
their own adJournments.
Mr.. TOOMBS will not trust myself to speak of the
conduct OF that senate as think deserves because they
are entitled TO respect from the ordinate branches Of the
government shall simply state facts they appear on
the record shall not characterize their conduct but
shall show what The members Of the senate were
present on Friday when the joint convention adjourned
until the next day at 10 o'clock They that
journment. II announced by their president and
placed on their records They had therefore full am
pie, penary notice OF that fact They met on Saturday
morning before the hour of 10 o'clock and when the usual
message was sent to them which my friend seems to deem
Important but which look upon act Of courtesy
on the part OF the house, announcing that the house
representatives were ready accordance with adjourn
ment OF the joint convention receive them there was no
senate to be found but the secretary reported that they
adjourned till Monday
minority Of that senate consisting il appears of |
large number of senator's went into the hall OF the house
but they did not my friend says with the PRESIDENT
OF the senate at their head and with the cerks and other
officers around them They did not enter the hall of the
house in state but those members of that branch of the
upon them by the constitution Of the United States and
the law OF their own State made In pursuance of that
suon did into the discharge of this duty This Joint
convention composed not of minority but of majority
OF all the persons upon whom this duty deyoved by the
constitution of the United States and the law of Iowa. pro-
body There was present full quorum of the electors /
The electors the senators and representatives of Iowa
The presiding officer declared that the Joint convention had
met in pursuance of adjournment The question was then
made that the senate not there as senate and say they
could not he under thsaw OF Iowa but the Joint
there The law Of Iowa declared that in the absence
all other rules they should be governed by Jersons Man
ual According to that manual a majority of the MEM