The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-14


State Of New Hampshire agreed elect Mr. Mason senator
the United States for six years and sent resolution elect
him to the senate for The senate baoted
and they elected Mr. Parrot aud the form In which they
notified the other house was "Resoved That the
with the house Of representatives in the resolution
appointing the Hon. Jeremiah Mason senator in the Con
gress Of the Uuted States for six years striking
out the words Jeremiah Mason and inserting : John
f. Parrott" The consultation of the State gives to
single member the right of calling for the yeas and nays
and member called for the yeas and nays upon the
question of concurring with the After very
long and very learned discussion both of the Legislature
and OF the press II was decided that although the cons
tuition OF the State gave TO single member the right o
calling forhe yeas and nays yet this question
of election which election must proceed by ballot they
had not the right because this was not Legislative act
but 1t was special duty conferred them by the cons
tuition Of the United States and in performing il they
exercising the function conferred them by ,ht
constitution Of the United States and were not ha
assembly governed by the provisions Of the
suon Of the State applying to them when they were in
| their legislative capacity.
Now, SIR let US look at this question: II Is conceded
that the joint convention in Iowa was in the first instance
rightly formed The house had consented and the senate
had consented to it; and they into joint convention
and voted several times but failed to choose What could
they do2 They could do nothing else earth but the
very thing they did They not at liberty to dissolve
themselves They not at liberty to lose the character
of joint convention which had been conferred upon them
because the law said the president should adjourn them
another time If motion had been made that the
tion be dissolved that the convention rise and be
solved into its original elements it would not have been
competent for the president to put any such motion he
had discharged his duty but he would have said to them
aGenemen, the only thing do is to adjourn you and
adjourn you to this place. the only discretion you
have is the time when you will here for the
purpose Of discharging the function which the constitution
has devoved upon you There was objection made to
adjournng the vote was put and carried they
adjourn to day time and place certain When that time
they went in not house of representatives not
senate but as joint convention, as general assem-
right to do every legislative assembly has right do
for the deaung members. He brought two Of them in
so that there then present majority not only of the
convention but majority Of each house. if that were
| necessary.
said that the gentlemen whom the
brought in asked that they might not be considered
they did, Suppose should find ourselves without
quorum here and should send out the SergeantatArms
and bring in couple of senator's and they come in and
are here is manifest to you as the presiding officer that
there s quorum presents these gentlemen with those al
ready here make quorum if they should ask, mat
ter Of favor that they might be considered not being
here what would you say to them sir apprehend you
would not say anything at all the request would not be
entertained for II is ridiculous its face
There said to be law Of natural philosophy that 1t is
Impossible for one body to be in places at the
time; and when these gentlemen, members OF the SENATE
came in and present If necessary that major
OF the senate should be present. the very fact that they
asked to be considered being somewhere else would
make It So They were there and If 1t necessary to
have quorum of the senate there quorum Of the
senate present
But sir look this matter it is of no sort Of con-
sequence whether there majority of the
majority OF the house there, provided majority Of the
general assembly the joint convention present.
cordng to the roll made up This is the general under
standing OF the people OF this colntry everywhere Let
me ask you TO give your attention 10 some Eases where
there Is joint convention aud oceedDg by ballot
Then shere is possible way of telling whether senator
votes or not The legislature of my State meet in
convention when there is choice of governor by the
people, which happens very frequently and then the two
houses in convention proceed select governor the
two highest candidates There mode Of aseertning
whether single senator votes not That is not what
h,ts sha
majority of the JOINT body thus constituted and the law
Of Iowa requires majority Of the joint body thus con-
stituted
1t said it is impossible make anything else the egs
ature than the legislature That true but does any
gentleman here contend that 1t not copetent for the
people OF Iowa TO say that less than majority should
constitute quorum If they saw fit so to do appre
bend not In the legislature Of tie State Of Massachu
set when the house OF representatives consisted of some
four or ve hundred MEMBERS sixty Of them constituted
quorum and when the senate consisted of forty men,
oers sixteen formed quorum Sixteen senators and forty
representatives might pass BILL or do any other egsa-
tive act but nobody ever supposed that infringe
ment ol inc constitutional provision, that the legislature
great many things may take place in carrying out
principle which probably were tnended by the trainers
law may be passed in this body and the senators from no
single State Of the Union vote for II. We may have
valid law passed by the two houses of Congress without
the senators from single State voting for it. How
hatf Suppose you divide the senators equallyhirty-
one, one from each State for BILL and the other
against IT. and the Vice President his
for the bill II just much law as if every man voted
f2r it. is net very probable case but 1t may occur
That was not the intention of the trainers the constitution
but OF the possible contingencies that may arise in
carrying into effect the system which they established 10 e
ectuate what they did intend So was here The egsa
ure intended that this duty should performed athe time
appropriate and that the session preceding the occur
renee OF the vacancy The houses then met Here
would meet the question put by the honorable from
connecticut Mr. ToUcEY and if the turns on what
he says it does he has place stand upon and the
honorable senator from Iowa is entitled his seat The
senator from Connecticut says the question Was the
ate presenf Yes sir it presentpresent by its own
deliberate actpresen upon the invitation of the house of
representatves-present by its concurrence When
they went into the joint yention they
In the power OF the senate of the senate and house COM
bined every one OF hem to dissolve that convention prior
legislature because the law said that when once they got
IN hee they should stay voting and adjourning from time
to time until the object for which they came together was
effected The senate went into the joint convention with
that knowledge They In man goes into the mar
riage contract knowing the bonds and the obligations
which ne assumes and that of his will he dis
solveit.
disagree entirely with those gentlemen who say il was
in the power of the the house to dissolve this
convention legally They might do some things factous-
y; am speaking of what they might legally do; and
say every member of the house and Of the senate had
voted singy or separately in convention adjourn
they could not do M because the law was imperative that
the convention should be formed and should continue
until the purpose for which it constituted was effected
They might be derelic in their duty they might violate
their obgauons they might in contempt of the require
meps OF the law go QUIT thus orcbly and in revolu-
tionary spirit defeating IT, | speaking now of what
they might legally have done Legally they could not
have dissolved the convention They into it, and the
senate was there They stayed and remained They had
notice OF the time and place of adjournment for they were