The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-15


The law OF Iowa upon its face always refers 70 majority
of those who present 1t speaks of person receiving
the vote Of majority Of the members present = but you
will find that the members present the members pro-
yided for in the first seconhat b the members OF the
two houses composing the general assembly and the ira
of the law bad other idea than that when ma
ority obained it majority Of the senate and
majority of the house OF representatives majority Of
the convention composed Of these two houses.
But sir, the logical and legitimate conclusion of the ar
gument adduced in support Of the minority report s that
minority of either house could elect SENATOR quo
rum OF the senate was not necessary to be present at the
slecoD why quorum OF the house of representatives
necessary TO be PRESENT. Could the convention have
proceeded without quorum and elected senator by the
votes OF ia majority of the members presentW That's all
the law requires and II 1t necessary to have major
y of the house of representatives present why not
necessary to have majority of the senae2 see no rea-
son for IT and cannot reconcile these positions.
shall make but point more as desire to be very
brief and that is to the argument based the convent
of having this body filed 1t is said that should
SO legsate to uphold the action of the party in
reproach have been thrown ot infereniiay against
the members of the senate of Iowa for their action
in this matter. / shall not say word against them.
conceive condition of things in Of States
where party withdrawing from convention in this
manner although they might not have the legal right to
do So ahd proceeding here if they had the legal
rgh y would for doing entle themselves the graf
itude of the State and will by vote of mine paugu-
any state of things here which will deprive State at
any time Of the right of Withholding ber senator from this
floor, hold that any State has right not to elect
aors any time, and of course the action of majority
of the States refusing to send senators here would for the
time seng break up the government That is matter
for the States AT all events whether the senate of Iowa
acted legally Illegally is matter between themselves
and their constituents The question for US to decide In
Judgment simply whether he legislature OF Iowa
acted in the matte Proceeding in the argument as II the
house of alone present. and not SIN
gle senator was present. because that is the logical concu
sion cannot see that it election by the legislature
of Iowa.
Mr.. SLIDELL. Mr.. President, question involving the
right OF any individual to represent sovereign Sate on
quires careful examination of constitutional principle
and commonly presents peculiar circumstances ealculaed
In some degree inseurby to bias the Judgment even OF
those who approach It, all should do with the intention
to decide with the conscientious mparaity that should
characterize high judicial tribunal Fortunately, this
Is entirely free from any disturbing element Of mere
partisan politics personal considerations for 1t seems to
be conceded that should majority Of the senate decide
that the election of the sitting member invalid the legs
ature olowa now n session. will very brief interval
return him to this chamber Or II its choice should fall
another that other will differ quite widely from the
democratic party all national issues the present in
cumbent.
do not intend to make any elaborate argument on
matter which has been largely and ably discussed but
as my vote will differ from that of many gentlemen with
whom habitually act and for whose Judgment entertain
the most unqualified respect viii proceed very briefly
state the grounds of my action feel myself more espe
ciay called upon to do this because if contended by
nearly all those who advocate the vacation of the seat of
the sitting member the distinct and separate action of both
branches of the State legislature be necessary to the valid
election OF senator of the United States then the trainers
the federal constitution wully placed themselves in
opposition to ii On this point there be mistake
either the constitute of the United States permits the
States by constitutional provision legislative act to
confer upon the members of the legislature acting
bodyin conventon not if may express it in their dis
tnct corporate capacities of and house Of repre-
sentaves by whatever other title they may be desig
mated the article Of the constitution to which ask
the attention of senators is dead letter Article thirty
four of the constitution of 1852 which, 1t may be well to
state is literally copied from the constitution Of ls45 is
in these words:
In the year in which regular election for of
the United States to take place the members Of the general
assembly shall meet in the hall of the house Of
on the Monday following the meeting of the legislature and
proceed to the said election"
had OCCASION years since to consider this matter
and then arrived at the conclusion from which my mind
has snce varied that the day fixed by the consttu
on if ority of either branch Of the legislature should
neglect refuse to meet in the hall of the house of repre-
sentaves the members of the general assembly, amounting
to majority Of the whole number in both branches could
without any concurrent resolution action of the two
branches acting in their distinct capacities according to
the forms used by them in their legislative character
together and proceed make valid election If the peo
pie of the State cam by their organic laws authorize such
mode election then it to to follow corol
larry that the bodies to which that organic law condes all
legislative power not inhibited by ii by the federal
stuon conflicting with either must possess the power
OF prescribing by law the mode in which senator of the
United States shall be chosen
Much stress has been laid on the third section of the
constitution which declares that the Senate of the United
States shall be composed of from each State
chosen by the legislature thereof for years. But when
taken in connexon with the fourth section, which says
that the times places and of holding elections shall
be prescribed in each State by the legislature thereof it
does not present to any embarrassment Indeed withY
out the fourth section should have had difficulty in
arriving at the conclusion The words have just
quoted would have been surplusage IL they had not
served to introduce those declaring that Congress may at
any time by law make alter such regulations excepting
to the places OF choosing SENATOR'S for when the right
choose senators conferred the State legislatures
restriction control reserved the mode of its
exercise they would necessarily have had penay power
regulate it,
II the construction conended for iy the Judiciary Com
mittee be correct and it be carried its legitimate
and logical consequences then there probably
than six eight senator's this floor conttuonally
choseunone but such have been elected by separate
and distinct of both branches of their legislatures
and proceeding according to the forms ordinarily employed
in its purely legislative functions believe that in the
earlier days of tho republic this question mooted but
it does not appear to have commanded sufficient at
enon to ene II to the honor of serious discussion and
after the lapse of nearly seventy years. and the ac
acquescence of all parties and statesmen of every shade
of political opinionstrct constructionis and loose
construcionsts, democrats and federass by what
ever other men have chosen to designate their
party organization-it is now revived and presented
to us in tangible form, and with all the gloss Of ap-
parent novelty. The mode and of electing sem
stors being by the failure Of Congress to regulate It. left
TO the State legislatures, know limit that power
other than that the choice shall virtually be made by
The election of senator is duty totally foreign from
legislative nctioDs and legislative forms
sary for its proper discharge II is not province
SEEK in subtitle distinctions between the modes of
tanning the of majority of the members composing
aegisature overrue the egs alton of State and al
though that point II at all alluded to in debate has
been insisted in the argument refrain from
pressing some surprise that several of those who