The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13

derstana my question The question i this SagpO oS
that the time came 10 which the conVeniioh hau @
;onrned In the mean time between the aoJouibmeht
Inc convention and the arrival OF the time 70 wnn y naa
adjourned, there had been no session oi tno e an,
ever INF yhen that time all the senators were
o. dIvartion and acted would not an election made
them under such circumstances nave oeeh ,u~I aha
Mr. ToUCEY. do not thir- :, would be iegas dec
op because il would the action of tho indSidpal mem
beers OF the boo and just eIaeiy null and void as a
ter the house OF representatives had passed bill would
be the action Of members of the senate not as body but
as individuals coming together and unanucusy agreeing
Mr.. FEssENDEN l understand the senator's position
perfectly
Mr., ToUUEY The senate is incapable Of acting in the
capacity OF individual memherD; II must act body
IL is distinct branch OF the legislature; II Is political
existence, and that political existence must be in
junction with the other political exsteace tho house Of
Representatives, before they produce the result
qured by the constitution Otherwise you resolve the
situton into the Interpretation of the honorable
from Georgia and say the election to be by the persons
who constitute the legislature and not by the legislature
itself. There is no midway. deny that IL would be
competent for the members of the branches
together as individuals and make choice of person
senator IL would be contrary to the nature of
legislative act and 1t would be contrary to the very law
under which they protesting act because that law
required that the senate should be there In pursuance of its
action that its teller should be there that its
tay should be there for the purpose of keeping record
that record should be entered the journal of the
senate and whatever they may have done only be
proved by the record They can act in no other way
then sir that unless you dispense with the constitution
OF the United States and the constitution of Iowa. and
every principle which is applicable to legislative bodies it
be said that the legislature of Iowa present in
joint convention the 9th of January 1856 when this
election was purported to be made
do not proceed any technical ground place my
position upon the matter of fact that ii is perfectly clear
that the senate of Iowa there acting with the house
of representatives We know that to be the by the
records of the senate ITSELF and there is mode of proving
that the senate participated in this election except by the
record of the senate when you investigate the Of
action II cannot rest in paro 1t depend upon the
action of individual members. The action must be the
ton of the body The two houses must act there
be choice To my mind it is perfectly clear that the
senate was not there, and its presence was essential
1t has been suggested that the joint convention
independent body after 1t formed and could
tnue itself cannot consent to that idea because that
would be to annhate the senate by act of the egsa
ture 1t requires the day. at the time and place fixed
the action of the senate in order to make the election
act of the legislatures and if the is present
action OF the legislature Whether the senate there
does depend any rule laid down by previ-
legislature, any enactment of previous egsa-
ture but it depends on the action of the body at the
time do not hesitate to say that the house of repre-
senatves that day had the power refuse 60 into
joint convention by adjourning over by direct resou
ton, or by occupying their seats and refusing to receive
the senate do not hesitate to declare that the senate
the coordinate branch had equal authority, and that
day. without regard to any previous law without regard
to any previous action of its own body it. as ndepen-
dent seexisng body had and could exert the power
saying that would not go into convention Fer exercs-
ing this power the members of that body responsible
| 10 their own constituents not TO this government
Gentlemen have suggested the idea that it necessArv
for this body to take care that il be nued and this
government continued. r@raate that idea altogether
~ uoes hot the Senate House Of Representa-
me United States whether it shall be continued
That belongs to the States and the people 1t belongs to
the legislatures of the States in the first instance and
they do not carry out the popular will it devoves the
people to that agents shall be placed in the senates
Of the States that will carry out their will No such func
ton devolves upon
Gentlemen have said that the senate of Iowa fac
tious. have nothing to do with the motives of that body
with its action except TO inquire into the naked
fact whether it was present and acting in this election
1t was not present. however much in fault IL might
whether it acted upon sufficient upon INSULT
cient reasons election by the other house is void