The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10
CONGRESSIONAL.
THE IOWA CONTESTED ELECTION.
In senate, JANUARY 6, 1851.

In SENATE, JANUARY 6, 1851.
The Senate proceeded consider the report of the Judi
cary Committee which concluded with resolution de-
caring the seat of Mr. HARLAN of Iowa. TO be vacant
Mr. BUTLER said As have before said, Mr. President
this is not without It's difficulties 1t certainly does
involve in my opinion grave considerations affecting the
organization of the federal and State governments do
say that far welded 10 my opinions that
would not readily change them; but that the
gentleman from Iowa will understand fairly Ehen de-
clare that really stand in condition OF inderency so
far regards the effect which the decision of the question
may have on him, or any person who wants his seat
have not had that consideration In my view way
the other and believe has not had the influence Of the
weight of hair any member of the committee The
points growing out of tins contested election involve very
important principles as the Senate will perceive before the
debate is exhausted.
The legislature OF the State OF Iowa consists of two leg
satye bodies defined by their constitution viz senate
and house Of The hold their term
for longer period than the members of the house of rep
atiyes they are fewer in number and recog-
missed by the constitution separate and distinct part OF
that legislature The house of representatives being the
more numerous body In matters of election of course
must always have the preponderang influenza The
ner in which they be called together depend
the committee believe much the expression the
opinion of the senate the numerical vote of the house
OF representatives Unless this view be kept in sight there
will be utter confusion far regards the power of elect
ing by the constitutional legislature The committee have
TO the conclusion that this gentleman has been
duly elected by the legislature of Iowa and now will
proceed TO give the facts of the case
On the 18th of December 1854 message from
the house of representatives asking the
in resolution to go into the election Of United States
senator and of supreme judges of the State of Iowa
certain day. II was amended go into the election
immediaey-that is the day. the 18th of Decem-
ber The house OF lresenatves sent committee to the
senate informing the senate that they ready
ceve that body and the president accompanied by the
senator's with all the forms usual such occasions
ed the house of When they entered the
house Of the president of the senate ap
pointed teller and the speaker Of the house of repre-
sentatves another teller The law required that two
CHI haa tai L.l Sl.,
way according to the law which shall presently read
have doubt that the convention organized under
the law They proceeded to vote and made eight neect
ual efforts TO elect United States that day
They had three or four adournments; but remark
what may be important in the casewhenever they ad-
ourned it was the annuncaon of the president Of the
senate who the presiding officer of this convention
When an adjournment was announced 1t was announced
for particular day sometimes the day following some
times three or four days afterwards Whenever the senate
called into the hall of the house of representatives it
invariably called by intercommunicaon between
the two houses and the senate headed by their president
entered the house OF representatives and formed the
venon Such had been the usage well as can under
stand from these papers.
On the eth Of january, 1885, the convention adjourned
to meet in the house OF representatives at ten o'clock
the next morning; but when ten o'clock arrived and
committee from the house of representatives made their
communication to the senate inviting that body to 60
into the house and form this convention the had
adjourned, and there for that day. The
committee the part of the house of representatives
nounced to the house that the senate had adjourned and
then made that the sergeant of the officers
should the senators--not the senate nomne
but should ont into the taverns and summons the
tors. Senators were summoned, and minority of the
senatorial body was present. but not quorum Of that
body.
The president Of the superseded by the cleo
ton of president pro empore and the president pro tenn
pore appointed teller different from the teller who had
heretofore been regarded the teller of the and
one Of the judges Of the election Under these circum
it determined by the house Of
which had majority, with few senator's there who
suppose agreed with them in party principle, to 60 into
an election That was agreed to by this meeting or con-
vention, II called should say it
meeting than organized body, according any proper
idea OF he legislature its legislative components
not there; the not there in body,
there quorum of the there In fact the election
made by the house of representatives with few
ator and those senators not brought there by
communication with the a body--as component
part of the legislature of Iowa that they brought
into the election by this mode as think decidedly against
all precedent
But has conended that the act of the legislature
olowa previously passed. far regulated the conduct of
this joint convention TO give Ii separate independent
existence and enable il survive the Legislature be
superior to the legislature in respect the functions be
performed in conaexon with the election If the Senate
should come to that conclusion be 1t but say there
is not in State Of the Union any precedent of the kind
have looked some of the commentaries the consti
tuition of the United States and find that Mr. Justice
Kent and Mr. Justice Story, and all those who have writ
ten upon the constitution have said that the Legislature
ought in fact have exercised ths very high function OF
eecng United States by concurrent msorities
That was the old rule.
Mr. PUGH. My friend will allow me to interrupt him
Judge Story and Mr. Rawle express opinion the
question at ALL Chancellor Kent says that would be his
opinion if were question, but it settled other
wise
Mr. BUTLER. was going to say that ii was settled
otherwise =.
Mr. PUGH. I wished merely to correct the senator in
reference 10 the opinion Of Judge Story.
Mr. BUTLER. How far he may have given an opinion
do not know, but have stated the view of on eminent
commentator That however, has nothing TO do with the
subject now only going put the matter in such
way that the Senate understand by its progress
The usage has obtained in all the States that by the nv
aon OF one body and the of tine other the
TWO houses go into joint meeting and the two houses
then vote per caad the senate putting in its votes with
the house. in alphabetical as in this case but the
senate first voting or the house first voting separate
bodies In this cage however an act was passed which
seemed to look to different of things and different
mode OF conducting election Of this kind will now
or the instruction of the Senate ask the Secretary to read
that act Everything perhaps depends its fair consruc
pon. II was passed in lS47.
ihe Secretary read the act, viz:
An act provide the election of United States senators
- and other officers
SECTION J. Be enacted 6 the general assemv State
iod Inat at each and regular the gem
assembly Oh this State, next preceding the of
e term OF service of United States senator
designated by resolution either with the
renee tne other branch Of the general
ers Of Doth houses thereof shall convention in the
tne nouse oil representatives for the purpose
ing asenaor or senators by joint the
constitution OF the United 10 this State In
The Senate Of the United States -. -
SEC The president OF the senate or in his absenoe
b ~ ,ae oue ol representatives. shall preside
Doth president pro tmpore shall be appointed by joint
IL