The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1857-01-20
Iowa Senatorial Convention.

D
Stuart, Toucey and Douglas argued, that
the election Of Mr. Harlan was alike invalid.
whether regarded in the light of the Consti-
tuition Of the United States, the Constitution
of the State Of Iowa, or the particular law Of
the State Legislature under which the cleo
ton purported to have been held. 1t was in
validated by the Constitution Of the United
States, because that instrument OrdainS that
Senators shall be elected by the Legislatures If
the several States, not by the members" of
the legislatures. In strict constitutional law
the act Of Iowa delegating to the 'rnen ers'
Of the Legislature the power Of electing IT, S.
Senators would have to e set aside if such
act could be construed to destroy the co-ordj-
nate action Of the two branches into which
the legislative power of the State is divided.
But, since the State Constitution Of Iowa Or
dams that its Legislature shall consist of two
distinct correlative branches, it follows that
the act, if so construct would be equally op-
posed to the organic law of the State. Ad-
hitting, then, that the act Of the LEGISLATURE
Of Iowa was to be construed as Mr. larlan's
friends contendcd, it would follow that the
election held under it was void, because con-
trary to the Constitution Of the State, (dcfin-
ing what was meant by the term Lcgis7qtlre.)
and equally contrary 70 the provision of the
! Constitution Of the United States which pre-
scribes the Senators shall be elected by the
Legislatures Of the several States. 1t was held,
however, that the law Of the Legislature Of
Iowa prescribing the time, place, and manner
Of holding the election, if fairly construed,
could not he said to destroy the distinct and
integral char acter Of the two bodies in which
/ the legislative power Of the State is lodged;
bat, on the contrary, providing that each
House shall have is separate presiding officer
in the joint convention and it's separate teller
to count and announce the votes, does there
| by recognise the distinctive presence of each
in such joint session, which consequently
must remain powerless to act in the absence
of one of its constituent bodies. The inform
alities, moreover, which attended Mr. uarlan's
election, on any construction of the law in
question, were held sufficient to invalidate his
election; and, in reply to the declaration that
such infOrmalities affected merely The 'direc-
tory parts Of the law, it was contendcd that
by parity of reasoning alIits provisions might
be praticall ignored, since they were all 'direc-
tory'' in their character.
he above discussion, involving interesting
questions of constitutional law, was conduc-
ted with much animation, but with a pleas
ing absence Of partisan feeling, the several de-
batcrs seem ;ng alike to consider the subject as
one which appealed to the Senate in its ca
pacity as a judicial and not political body.
low will these doctrines suit the Democrats
a: indianapolis? 1t ishere distinctly set forth,
that to merge the two houses into one body,
and to destroy the distinctive characters Of
Representative and Senator, is to destroy the
Legislature, which must ever, in all its connec-
tons be of two distinct bodies. They must
vote as Senators and as Representatives each
having their presiding officer and teller, though
voting together and counting their votes as a
joint convention. These views make an cleo
ton by concurrent vote more simple and
proper, than a vote by joint convention. If
the Legislature is to elect Senator, and a
coalescence Of the members Of both Houses in
joint convention destroys the Legislative char
acter of the two Houses, then joint conven-
ton should never be held, and concurrent
vote is the only mode of election.