The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-07
1yTIIsTY-FOURTH CONGRESS-.
sBC0ND SESSION.
Senate.

senate.
WASHINGTON, Jan. 9, 1857.
ELECTION or A pRRsDzu FRO Tsxross.
NJ Case, (dem) Of hcb., called the Senate to order,
announced that the rt business In order Was the
,.lction of q President fuo tenn
NJ HAII, (rep OF n. H-Nhat Ia the occasiont
yr C.ss-Bocauss We haven't any. Qsush,er)
Ga the ntusa OF Mr.. HesrRs (dem Of Va the Senate
troceeded 70 the election, whsn Mr. Mason was elected,
receiving 30 votes, Fooie II, Weller l. blank
NE SENATOR HARLAN.
kr HARLAN OF loTs, moved mat toe senate proceed
10 he cop.tersiou OF the report Of the Commtse
ludicisry relative 10 his claim 70 seat from lows
Hr FRArr OF Nd, trusted that the subject would not
A. v be con,de ed Many facts were involved toe
u,n Of this case ard important that they shoad
q ihoroVshy understood: fne senate, from Georgia
noriiy report and he should like 70 see the arguments
ta both sdes be'oro proceedwg TO discussion
Mr. ToosBs, OF Ga acr rcmaYki1g that there vas not
sngio controveted fact IN she whole case, said the
u1y difference OF opinion relative TO the matter was
lied upVa dr ali nsuss 50 .r .. the views Of the minority
he Committee were concerned, he could express them
81 well verbally - In wiring .,
Mr. BAYARD OF Del preferred that tho subisc. should
Go aid ill 10 az. having been aosen from
ahe city ne had haa no opportunity 70 examine into the
r HARLAN said should be n tmcmbsrei ths, the pro
st OF the senate Of Iowa had been before the senate
iSrly t.o years. An the members Of tho 0ommuee
a. the judiciary ma had ample time 10 investigate tho
Inject n they had chosen 10 DO 80. Another resson
ny was desirable TO bsvehs question settled a, ,oon
Al
season. having convened on the nrss Moniay In De
nber Their terme is limited BY the constitution TO
sr Brrtxa OF s. O., was 10 iaver OF proceeding TO
rccnon Of tho question forthwith. he stood portion
81 utter Indifference ~ regards the gentleman VINO was
70 oe affected by The result, and approached the subject
noey on ip merits. The government Of Iowa consisted
., Leoslature composed Of senate and q House OF
representatives The senators hold their terms for longer
eiods than be members Of tho House. n nre fewer IN
0mbcr, but arc recognised by the constitution az .
popNrAie dtinct part OF The Legislature Tne House
fr n N rnrys
must have prepondorsting influence, and hence the
concurrent action OF the Senate was required He stated
ahe reAs ons which Influenced majoriy OF the commce
IN coming TO the conclusion that Nv, Harlan was not
rly elected. Those were in brief that the sense IS
nofy c,d not attend that meeting 10 i,nt convention at
whioh Mr. Harlan elected and their teller not
anerc required py law the senste had adjourned over
81 senators were presen, In their individual cspa but
no Senate a. body was not here the President OF the
nate wa. The regular gres,a'ns omces o. she conven
nariten led the election.
Nr roonns contended that he Lesssture OF Iowa was
ronroses Of members Of Sensie and Hou,e and upon
Dose individuals was devoved the utiona duty Of
.oactinG Senator OF the JBtd States IN the manner
venton copsistcd Of the members Who composed the
awo legislative bodies and ~ soou as they met In Joint
eopvention the distinction heretofore existing between
members OF different branches vas obiiIerated.
Ier names were arranged m spt a5etcal order on ono
rs and hence ibe absence reuss 70 participate Ia
the proceedings on the part OF any member or oil ieNs
atar majority Of the whole number OF members com.
rosipg the joint convention could not invaldse the
Nrd isctous conduct OF those Senators In Iowa who
sought defeat tho election and frus,rate the will or the
eope Of Iowa oueht 10 be condcmned by this body snd
bv the entire American people,
Mr. BssJayrS, OF La, wished 10 know whether Il vss
ccmpcsen branch Of State Legislature cleo,
ftcpator IN CongrcmS The constitution OF the United
states declares that senators shall be elected by state
saiures and state Legislatures consist Of two branches
rom which II follows tha the constitution requires
snators 20 be elected by those two branches concur
rentiy.
Mr. Toosns replied that such constitution would rem
dor Invalid the election Of great many senator's because
many Senators had held their seats against the majort
NJ one branch of their State legislatures
Mr.. Puea OF Ohio, argued In support Of the const
auonasy of Mr. HArans election, and coucurred ths
views expressed BY Mr.. Toombs.
Nr. GsrU, OF Mo-, agreeing with The majority Of the
Judiciary Committee believed the eiectoa uncoustitu
6ional.
Mr. BsyAsp obtained the noov.
Mr.. FisH introduced bin making appropriation ior
ne removal Of Diamond reef Cocntiss rect, So In Ne~
FORK haybor.
Adjourned.
House OF Representatives,.
Wsctux Ia