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

when thus met the Joint convention constituted the body
senator to the Senate of the United States Therefore
say il gentlemen will have 1t that legislature
choose senator, this body was legislature although
admit that ordinary purposes Of legislation Ii
legislature Whether il be called legislature joint
convention what gentlemen yesterday did call this
body fusion, is perfectly immateria Ii the body
authorized by law TO elect senator Nobody denies that
and take it nobody denies ALSO that if when that body
voted majority of the votes cast whether by ballot
Uipa voce for gentleman constutionay eligible to
the Office he elected to the office designated ask
whether let the vote be taken by ballot be taken vpa
Uoee be taken in any other form there would have
BEEN gentleman would claim here that there ought
to have been discrimination between the vote OF
who SENATOR and the vote Of man who was rep
resentatiyeY
1t seems that the names Of the members of the body
when thus met, called alphabetically. list of the
members OF both houses the senate and the house OF rep
resentaves having been made the called and
each man voting when his name was called designated the
individual for whom he chose TO vote to fill the Office
which then to be filed Now, sir, my question h does
any suppose that it necessary at all that when
the OF was called, 1t should be ascerained
whether he senator or representative, whether
there should have been any different list made Of the votes
the senators and OF the votes Representatives though
became important to keep up the idea OF two branches in
this body thus convened fer specific purpose2 take IT
no one claims that have heard gentleman intimate
that that the mode in which the vote ought to have
been asceraned taken On the contrary this body was
regarded body just as much as this Senate is
regarded body when vote is taken here just
body the House Of Representatives regarded
as one body when vote taken there The result is just
here it regards election vote that is to
say majority of the votes given for an individual make
election But it happened otherwise here There was
majority after various votes am not however, going
| into that point now
wish to consider for few moments the character Of
tn body and whether not the idea that here two
bodies is the correct idea Of that tribunal whether
when thus assembled it is but body My idea clearly
and fullyhough OF course, am liable to erroris, that
this body and that the senate constituted sepa-
independent portion Of the body any more than rep
| santa iypa rnn an mr.
whichever Of these modes the State was represented In the
house of representatives, constituted separate portion
The different counties probably had given number Of rep
resenatives Now, the senate it is true comes in and
makes up portion of the body So do the representa-
tves of the different counties make up portion OF the
body but the senate, SUCH is elementary
principle of the body than the representatives from given
county elementary principle Of the body that to
say they constitute more separate organization to be
regarded by themselves counted by themselves, and have
no other than their simple numerical force in vote
Therefore say the result that II the hiryone members
Of this senate supposng every man had been there had
voted for b. and the members OF the house Of
had voted for D. to represent the State
in the Senate of the United States very clearly would
have been elected: and why He has received majority
and why not Because they did not think proper
for him. But does that prevent the election? Clear
ly not unless to keep the idea that we have moi
got body here but that have two and that one Of
these bodies Just powerful the other and one has
on the of the other which have not heard
Al But Mr. President 1t is said that majority of each
house be present in order to make the tribunal which
= hy the law and under the constitution could elect 1t il
necessary agree that each house shall have It's own In
dencndent action upon the subject whether 1t will go into
;ont convention 70 elect senator That s SOL and hence
fnd All entire to the claim OF the honorable SEN
ator from Delaware that one hepse and that the popular
branch may swallow up the other, unless we give TO the
senate ts existence after the two houses meet
and organize as joint body We give to the senate if
independent poyer and right OF action because without
its the joint convention cennot be held re-
oues the action Of Legislature in each branch indie
pendent Of the other in order that the legislature sna
thus unite in joint convention bu: when nsy are ueo
in Joint convention they constitute body the senators
counted numerically, just as the representatives are
couned senators moro independent body than
representatives from county are an independent body
they all together constitute that tribunal known to Law
and constitution competent 10 make election, and
. they are no longer two bodies but one aa
Il do understand the honorable senator from Della
ware deny that majority vote of this joint convention
could make election, although he says that if the
smaller body after it returns to its chamber should
institute inquiry by which appears that majority
OF that body did for the individual returned
elected, there would be election. confess do moi
precisely understand how such event be brought
about five admit that this tribunal when thus organized
is competent to elect SENATOR do not what
ground CO. except this that the vote of major
ty shall control shall decide the question and after
this body is dissolved into its original elements, neither
Of the elements of which it originally composed has
power whatever over the vote which the body when
organized, has taken. obi
Various points have been raised here which do NOT
propose to discuss do / understand, in regard to
some them, how they be claimed in the in
t which they claimed. For instance do under
stand how the honorable senator from Delaware can
claim that it is necessary that majority Of each of those
two branches shall be present. and yet agree that major
ity of the whole shall CONTROL II the honorable
goes upon the ground that is necessary that each branch
should by its major vote in the election that
understand but when he says that majority of each
branch must be present. and yet that majority of the
whole may control do not understand his position for
certainly there is to have majority present.
that majority when present. may cast their votes all
way and yet be overued by the residue blythe other
house having greater number of votes and thus voting
down branch of the general assembly thus met in joint
ballot with the other. 9t F.
urged by gentlemen of the ability Of those
who do urge it it would strike as being palpable in
consistency to claim that is necessary to have majority
present. and yet admit that the majority, when present is
perfectly powerless for that is clearly the result If for
instance this Senate Of hiryone members may be voted
down by the sixty members of the House, where is the
necessity of having that majority present 1t but
shadow If they have power II they have power, wha,
is i'll They have simply the power which their numbers
D give them--not power as an independent body.
My claim in regard to this joint convention Mr.. Presi
dent u.s. that when it had met and organized under the
laws OF the State of Iowa. it single body under the
law competent to make election and competent to
petuae its existence until had made election Sup
1t had kept from day to day without any adjourn
without breaking ALL and had remained together
until the time when the election of the present member
accomplished without any recess or adjournment: want
knew if it would be then claimed that the present
member entitled to his seat? He had, II seems,
ftytwo votes which 10 majority of both houses the
house of consisting of sxtynne members
all being there and the of hiryone making
hundred in all. The sitting member has fy-two
votes, majority Of the whole number ii every member
had been there and voted Now put the suppose
bodv had