The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16

adjeurn II IL legally formed Ii has the power 10 ne
eide what shall constitute quoru II there Is no overrui
ing constitutional provision that point II has the
power organize 1t has the power TO decide who sna
preside it, II has the power OF perpetuaton unes
Its existence terminated by superior power at certain
time Then this convention being assemses whether un
der the statute Or MOI coming together had these incl
densthe power Of deciding how the senator should be
elected power of deciding what should constitute
quorum the power of deciding that might ADJOURN from
day day do thing Else that saw mt to do ana
prohibited from doing by any provision OF the
constitution of the United States not OF the State be
State power could act upon them at ALL as Is
conceded by my honorable friend from Lonisana while
they weie thus ia convention. .
Under these eircumsn they met and they ADJOURNED
from Day day. They met eg.ly The convention was
constituted legally. They passed no resolution or act de-
Gliding what should be quorum what 10 the Parl,amen-
tary and common law That uul-ss otherwise fixed, a
majority CONSTITUTES quorum. Invariably that is the
They adjourned from day to day. Certain members
chose be abeot certain time but still there was
majority. Gentlemen have put the qnest'on, suppose
majority OF the representatives absent what tnen
II gu the case and all tbs senator's were present
aud the whole made majority Of the whoo nuuoe which
was quorum say they the to elect because
by their concession by their own admisson by their
forms OF p,o eednys adopted by themselves ut the time
and IL was not convention, in any shape or form, in
W ich they were to set as two distinct bodies.
They appointed the president of tho senate the president
of and the clerk OF The house clerk OF the
convention Suppose them not to be acting under the
law what is the result 1t s that here Is convention
legally formed and at period the president was absent
Another president appointed, ana tney proceeueu
VOTE and the sitting member, Mr. HARLAN, Obtained not
only majority OF those present. but majority or all the
members who constituted the convention Can there be
any doubt under such circumstances that he is properly
elected II you throw of the question the codsaer
ton which sas been brought to bear npon it by my hon
orapo friend that there wss not quorum OF each house
which merely rovsion OF .nc eonsh!uuon OF tne
State Of Iowa. the whole argusnt Of the setatsr from
Louisiana hinges what he has nterpoineo INTO tnat
consttuon that to say that the constitution OF
to BE- understood providing that the business Of the
and
There is such thing there and II there had
been would not affect the case because II would mo-
cable to it. m had been Inserted there in many words
the the constitution OF the State has no author
y establish that business of the legislature Shall be
elect senator That is fixed by the provision OF the
constitution of the United States in the first place. and
the State constitution has no power to provide anything
of that kind their provision in regard to what shall con-
sute quorum is equally imperative, because 1t is mat
within their Jurisdiction, in any shape or FORM
Then coming together as convention under the vote
of the two branches Of the legislature which voted to form
will see it is mere general vote it became subject of
all the lknown legal parliamentary incidents
of convention. One Isl that is to be governed by
msjority unless it otherwise provides. 1t could have
been otherwise provided in such case suppose by a
OF the branches separately They came together
with that incidents remarked before, to be governed
by majority with power TO adjourn, with power to Or
ganis with all those incidents which, BY the parllament
AIRY and common law, belong, and must necessarily be-
long, convention Of that description From that con-
bes the senate members of the house. for they had
ceased to be ebe Then il certain members chose to be
absent reducing the numbet present below majority
quorum, it be possible that gentetnen conceiye
and believe that simply because the constitution OF Iowa
provides that in dong business there must be quorum
each house. therefore, in anssctng this affair." which Ia
placed in their hands by The constitution Of the United
States they be controlled by that provision and can
elect in other model The conclusion, to my mind,
by no neats an obvious, or even a legitimate one
But sir might consider the question under the law Of
the State and under that several Snstors have consd
cred it and you consider the legislature as adupt
ing the law there is no question in my mind that the pro-
ally by s-nators-that 1t obvious from the law
legislature intended keep up distinct organization
Of the two branches IN convention BY no mannsf Q
lives any such idea There is nothing in the law from
which such inference be fairly drawn On the con-
trary all the provisions Of that law concnssey to
show my mind least that the intention of those who
passed it that there should be complete merger OF
the houses in one and that they should aa as
body Let me refer OF the provisions OF the law,
which will Think make this conclusion quite obvious.
Section one after providing how the convention shall be
formed, says:
The members of both houses thereof shall meet in
venon in the hall of the house of for the
purpose of eecting senator senators BY joint rofe
Does that look as they meant keep up distinct
ganzation of the bodies, and two bodies
Thea 1.-THE president of the senate in his absence the
speaker of the house of representatives. shall preside
the deliberations of the conventions aud in tho absece
of both president pro tempors shall be appointed d joint
potep
There is another provision which expressly negatives the
idea of separate action There is provision for the ap
pointment OF ers Are elers TO be appointed BY the
convention2 No. One is to be appointed by the senate,
and one is to be- appointed by the house
If there to be distinct organization kept up after
the convention formed they would naturally be APP
pointed by each body after the formed but
the language OF the law is that any time prior
ing ia convention aforesaid after the time for eetng
has BEEN designated aforesaid each branch of the gem
eral assembly shall appoint one teller" n
nv L rYnd hat nv
the and bs house should be prior The meeting
OF the convention 1t 1t had not been for the idea that
when they met in convention there could be
separate action by the senate and house. because they both
formed one body
"when the convention shall be organized aforesaid the
members shall proceed to choose senator
senator's"
1t gives particular mode in which it shall be done
has been sufficiently adverted there is but single
clause in this which find that has the slightest
tendency to show, in any degree that it intended to
keep up distinct organization. What is that Simply
the provision that the secretary of the shall keep
record of the proceedings The clerk of the house
the secretary of the senate shall keep record Does this
show separate action 1t is not that the senate shall
keep IT, but the secretary of the particular per-
son designated, aolding particular Office shall keep it.
for what purpose? Simply that the proceedings of the
venuon may he entered by its officer on its
ords and the records of both houses That is all
merely that there should be proper record made up That
is the only provision that have been able TO discover
which gives any idea Of any separate action in reference to
the subject fthere is any other senators will call my
tention to IT IL they see fit to do So
The main question, tben s was this election fair one
without fraud2 IL there any fraud there was any
practice having tendency make the election unfair
OF course that settles the whole matter In order arrive