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

Suppose that each branch Of the legislature they
tany did here voted go into joint ballot and ON the day
and place when the election was TO be held quorum OF
neither body present II take the OF tne
Iowa law literally the senator from Georgia ana those
who agree with him read IT. majority oil those present
would have right TO elect though they were put hve
men, and their election would be valid take the Ian
guage of the law read it, that when IL says major
ty of those present shall elect 1t means provided both
bodies consttuonay present as political organized
bodies forming organic parts OF the legislature OF Iowa.
then the objection is fatal 10 the election in this case
because there only minority of branch pres
emit and that branch not in session. If there had
been majority present 1t would not have betered the
case for they could do no legislative act when the body
to which they belonged had existence by session
for the purposes Of legislation. They certainly could
not pass laws under such circumstances The power
is delegated to them, and they to make the cleo
ton legisaiure and they must do it as politi-
cal body not mere individual meniberr. They may
compare opinions and cast votes as individual mem
bers but you must have the assent of the different
branches of the legislature either expressed by concurrent
resolution implied under this usage to which have
erred To the extent that the has gone admit II
has existed too long disturb It, To the extent to which
it has gone am willing 10 vote in any that taes
with it. to ray it. but not TO beyond the extent OF the
usage That usage has gone beyond the line which
have mentioned. No has occurred until this oneand
trust case will again occurin which, under power
delegating the legislature of State the authority to
elect Of the United States Of the coordinate
branches of the legislature because it happens TO have
numerical majority undertakes force the other branch
though that house. in its organized capacity an integral
body, may refuse TO go on with an election.
A word more, MIR. President and have done. The
remedy for the wrong wrong done in this by
the of Iowa. is with the constituency Of that senate
perfectly free to say that, with my convictions OF
duty If had been member of the Of Iowa when
the taken the propriety of going into joint
ballot whether resolution had been previously passed
not should have felt it duty owed TO my constituents
TO go into joint meeting though certain that the
election to be held would result the choice Of ind
vdual to whose political opinions opposed Ishoud
think that duty to my State leave Others to judge on
that subject for themselves But surely if the is wrong
not the question of the individual motives of thai
you deal with here You have only TO deal with the
of two organized bodies composing the Legislature
to whom the power is delegated II of those bodies
being coordinate with the other refuses to join in the
election organized body what principle b.
said that there has been election made by the legisl
ture Of the State?
must apologize to the Senate for great deal of my
marks which have been disconnected for the which
stated in the commencement that had not had time
since know that this question: on which my opinion was
formed eighteen ago. to come up to revise my
opinions, except two hours this morning.
Mr.. FOSTER. do not aatter myself MT. President
that shall be able to throw much If any light on thu
question which under discussion 1t is however
question of such great importance in ITSELF and one which
each member OF this body and to all the States of THU
Union involves consequences of such moment that fee
called upon to few words in regard TO it although
cannot but regret must all regret that more thar
thirteen months have elapsed since the credentials of thu
honorable senator from Iowa presented and his cast
ate any of its members for this delay only aud
to it for the purpose of adding that It occasions mucl
that fact being true, now 70 prolsng the discussion
apS - os ~ delay thereby the final action OF the Sen
ate. !. ,h;s MA, !
Whatever concerns the organization 81 'his pouy
course concerns vitality the administration of Oh.
ment; and this body responsible coordinate branch
the legislative power regard the seats OF it's nem
bers as other than highly important The question nov
before the Senate is whether the honorable SENATOR t
sitting member from Iowa, 10 or is not entitled 70 seat
and that OF course brings up The validity OF the election
under which he claims that We have had from bot
sides of the chamber and both sides OF the question
very full and very able arguments the one part eon
to show that the sitting member is entitled, and on to
other that be is not entitled confess that it not 70
the ability and zeal with which it is urged here, that tn
sitting member not entitled, should consider il almos
clear proposition that he is 1t would certainly not DC
come me to say it is clear when much my supe
in experience aud ability to the conclusion tina
he is not entitled to seal, but that the place should
i declared by the Senate to be vacant
With regard to the point whether under consttu
ton, senator may be elected by what is called join
ballot of the Legislature of State by vot
of each house. there be difference of opinion
/ but election in either mode by joint vote or by
concurrent VOTE is valid under constitution 1t
true that gentlemen express some doubts and some OF
text-wrers the constitution have expressed doubts a
to the validity of elections by joint ballot of the tw
houses of the legsature but certainly after the usag
which has been established for than sixty years. it
late to question the validity of elections either
Joint ballot by concurrent ballot The constitution
clearly provides that the legislature shall choose the
aor but whether by joint Of the whole legislature
by OF the various branches ths consu
ton being silent and the usage or long period bein
established it's it to be admitted all side
. that election in either mode is valid-s consttu
i tional ta5fa - N
The election in the State of Iowa, which we are nov
considering, made as understand, by joint
the legslaureof that State In regard to that election
the gentlemen who oppose the validity of tn
honorable members present election assume and argu
facts which not by any means shown in this to
true 1t does not think at all involve the consequence
argued by the honorable senator from Delaware who sup
poses that in order to support the validity of this election
1t becomes necessary insist that branch of the gen
era assembly of the State of Iowa. and that the popua
branch be claimed to have power to swallow up tn
coordinate branch wit; the of that State;
without the will and against the will of the senate max
election When the honorable senator claims that hos
who insist on the validity of this election driven to
necessity of insisting that this election by the popu
lar branch without the of the senate the
ordinate branch it seems to the honorable doe
read the record of the proceedings of that general
i semby correctly. 1854
The facts which transpred previous to that election ar
spread before us in the report Of the Committee the Ju
dietary, 1t appears from those proceedings that the in
cipent step taken in this election the 9th of Decem
ber 1854 when the house of representatives of the Stat
of Iowa passed resolution THAT the house of represent
aves will meet the senate in the hall Of the house
Thursday next at two o'clock in the afternoon, for th
purpose of electng of the United States an
q judges OF the supreme COURT
On motion, that resolution laid on the table, Oh
the 18th OF December it taken up and passed. king
however Friday the 18th of December the time for th
election That the action of branch of the legis
aure of the State of Iowa The senate the other branc
of that legislature, acted upon this resolution b.
amending it and changing the time to Wednesday, whic
would be, believe, the 18th Of December at two and
half o'clock in the afternoon and in that amendmen
made by the senate to the original resolution of the