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

Sir in the early history of this government adherng
strictly TO the forms under Tue Training o. tne com
mittsd slight irregularities 10 defeat the popular wi-he
will of those had the right TO vote but the other
branch Of the legislature OF the United States taking
broader clearer sounder, and will say, more enehen
cd views of these questions have looked, day by DAY
more the substance and less at the forms of
they have directed their inquiries more and more 10
whether the person claiming the office OF representa-
tive of the people is sent TO them by the lawful votes
jory ofthe qualified electors and have thereby wresed ron
fraud and chcanery It's effective weapons, and vnd
Gated the right the expense OF forms here he
members of the legislature voted viva poee and majority
of both branches together of each major
ty OF the whole number of those who had right TO eee
him-sent the sitting member here You have the SUD
stance of election. The question 49, whether the
conduct of few who were elected 70 tne senate "
Iowa and who ought be condemned by the people ana
not counenanced by this body shall by iegal conaso
prevent the exercise OF their constitutional anu
ties by majority of the legislature defeat their Legally
declared will? They shall by my yoe Inat ID the
great fact the fundamental fact of this case The men
whose will could send senator here oy the constitution
and laws have sent the sitting member here No fraud
not even faults alleged against the majority or Inc
sitting member Nobody pretends that any OF the votes
given were not good votes and that they were not cast by
the persons entitled to cast them The only aegauon IS
that the senate had not its own teller present IL RUE
of law that no person can avail himself OF ms own
and say that these persons should not be allowed to avail
themselves of their own wrong to deieat he w" Oh 'o
people OF Iowa W.
Mr. FOOT The senator from Georgia has seemed to
assume fact that does not exist against himself ana
against his argument In point of fact the record OF the
proceedings does show the presence OF majority OF the
senate in that Joint convention Fifteen senators actually
voted 1t required sixteen TO constitute majority; and
Mr. Ramsay and Mr. Thuston, of the other party We're
present. but requested not TO be considered members OF
Joint convention that there was present an absolute
Mr.. ToOMBS saw that they present. but not as
senng hsae proceedings and therefore did not make
any point on their corporal presence
Mr. PUGH The senator from Georgia should recollect
they were called in by the sergeantatarms.
Mr.. TO0MBS. make no point on that
Mr. RAYARD I wish a ask question OF the honor
able member from Iowa. want to know OF what NUMBER
the of representatives and senate OF that State con-
sist2 The report does not show.
Sr HARLAN. There thirty-one senator's and sixty
nine raenbers of the houseaking one hundred IN ALL
One seat vacant by death and one by sckness-eaS
;ng n;sety-eight members competent to vote
Mr. TOtSNBS The sitting member received clear ma
ory Of the whce number Of members of the legislature
Of Iowa That fact aprears from the papers Inc elecho
was held in substantial conformity to the laws OF Iowa y
lacks nothing even of FORM except what necessarily Fesu
ed from the non-performance OF their duty py te ve
who are now protesting against ~ oh sat ~
iectons prevail The question is whether inc senate Of
the United States will permit this constitutional auy 70
be disobeyed this legal obligation to be disregarded or
the benefit Of faction against the on Z, .n5
ted Ststesagans the rights of Iowa, and oil the sthg
Mr. PUGH. wish to say few words only in expana-
t;on Of NV vote as am member of the committee Whicn
;nysst;oatad this case mainly in the views pre-
sented by my colleague The committee tne senator o
Georgia Mr.. TooMBs] My impression az nrsr On feu
these papers adverse to the claim OF te sltpg e
ber but the first question which presented itself 70 my
mind was, what does the constitution OF the Cni.u o
when it says that the senators shall De CHOSEN =
each State "by the legislature therefor II 1t means -
senators have stated by concurrent vote of the two
branches which may constitute the State Legislature then
Individually for sixty years nneenths OF those VINO nave
held in this chamber not properly elected pc
eve in the representation of the State OF Ohio 1t has sell
dom happened-the exceptions IN when the
senator has had actual majority Of the votes OF oon
branches of the State legislature 1t did 80 happen In my
case and it happened in the OF my colleague on ms
reelection last winter believe, at his first election
was not the case though may be mistaken II certainty
did not happen in the of my predecessor that he
had majority of both houses, and II da not happen III
the of his predecessor !,
Now if this question--it we were to decide
for the first time whether the vote il to be taken by The
concurrence of the two branches or by majority OF al
the members of both branches there might be some rooa
for doubt 1t is to that point that Chancellor Kent al
dressed himself As before remarked, Judge STORY ane
Sr. Rawle have ntimated no opinion whatever upon II
but Chancellor Kent has paragraph to Whch he senate
from soath Carolina alluded and which will read to tn
Senate. 1t IS; .tN
"The election of the Senate by the State legislatures
also recognition of their separate and independent exist
ton Of the national goysrnment. There were dRcude
to the true OF the o9nstl
~ dc Legislature, and Legislature to prescribe thu
times places Of holding elections for senatoIs
scribe the manner been considered and settled in New
oa int q ao may o ~o
two houses cannot separately concur in choice. am
more numerous YES Of the assembly, This ha
convenient and has been too long settled by 70
recognition of senators elected to be now disturbed
though should think, if the question new one, that
when the constitution directed that the senator's should
chosen by the legislature it meant not the members OF tn
legislature per capita but the legislature in the true ech
cal being the houses acting in their separate N
organized capacities with the ordinary constitutional rig
of negative on each Others proceedings.
Then the question is whether the word legislature"
the constitution to indicate that the election OF
senator is legislative proceeding in State government
If SO, undoubtedly in many OF the States the governo
would be entitled TO voice yet Judge Story says in m
Commentaries that it has been decisivey settled in al
that the governor has right to interfere If
is in vain to say that the intention of the constitution
the United States to make the election of senator
the United States ordinary legislative act 1t sim
ply to designate the class Of persons in whom the right
election should be vested The electoral college in eac
State to consist Of the members elected to the TIVE
branches and the word Legislature is used in the
stitution collectu designate the parte
who to vote The legislature of Iowa has passed act
and tbat act constitutional tseems to me there
OF this question They have required that the two branche
of the Legislature shall agree given day for going int
teeecton after they together that the distinction he
tween senators and representatives shall be obterated
shall be this one and that bu
all the of all the members to be entered upo
list alphabetically That is the statute. There is
to be of the by themselves and the repre-
sentatives by themselves they to be senator's
representatives. they become members of the convention
they present only in the character Of members OF tn
convention. Whatis the convention TO do2 The pres
dent of the senate or the person holding that Office is
presde and the clerk Of the house. the person hod
that Office record the proceedings They procee
with the They do nothisg else They bound
proceed with the vote 1t is the duty ofhe president
for the vote there be no election that the