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

under such circumstances agreed go into convention
and having met In conyention say that n contempla
OF law they be considered being there
Ia moment; and whether indiyidua member pros
en or absent whether number of individuals
absent or present. provided quorum remains makes
difference quorum of the whole number being present.
they joint convention of both house, constituted by
the of each house. under that law The fact Is that
this election was made large number of senator's
although minority present The absence OF those
who were not did not vitate the election but
acknowledge that the presence of majority Of the whole
number Of electors requisitethat majority Of the
per.ons ia whom the legislative pow vested.
MI. BUTLER wish TO understand my friend on this
subject and 10 understand myself too for do not know
that do so fully Will he go far say that that
convention having assembled could by indefinite
adjournment survive the OF the legislature which
session was limited to fty days under the constitution or
IowaR
Mr. TOOMBS That question cannot arise under this
law for il says that the election shall be made
sion of the Legislature preceding the expiration of the
senatorial term The election must take place during the
session of the legislature My friend from South Carolina
IS raising question which Is not involved in this
The legislature in session it a regular session
the session next preceding the expiration of the senatorial
term They did legally constitute themselves into joint
convention. Nobody can dispute that Then say The
law of Iowa gave them the right continue their exists
ence as convention do not what became e the
of that joint convention thus constituted present It was
mode OF election which Iowa had right prescribe
and whoever was elected by majority Of quorum of that
convention is a senator of the United States
Mr.. BENJAMIN. The honorable senator from Georgia
has been interrupted often that feel that it scarcely
courteous to ask him to yield the floor again but beg
him to permit me to put question to him.
Mr.. TOOMBS Certainly a'df
Mr., BENJAMIN The constitution provides explicitly
that the senator shall be elected by the legislature The
constitution of Iowa provides that the legislative power
oil that State shall be vested in senate and house OF rep
resenatives Now it is true under the constitution that
the legislature OF every State has the of determining
the Time ana place and manner Of siectng senaors but
In so determining 1t appears to they must do SO in
supordnaon to the express direction Of the constitution
election shall be held such time and in such manner as
that II shall not be held by the legislature The senator's
perfectly good the point that this
venton legally formed continue in existence cn-
yention He has made that clear but point on shcb
think his argument fails, and which shou1 like 10
hear hm Is ths' When that convention fails 10 be con-
yenton OF the senate and house of it no
longer has the legislative power of the state Of Iowa and
therefore, not such body the terms Of The con-
suuion m OF the United Sates elect senator. That
Mr. ToOMBS The senator comes round in circle to
ne very question which have been arguing The princi
s y ms argument Is that the concurrence Of quorum
hat rs majority of each branch of the gsatures
eessary 70 legal election Ny friends argument leads to
Mr. To0MBS. have already admitted chat no other
except those in whom the legsve power is vest
ed oy the State constitution perform this duty and
that none such be deprived by State legislation Of this
right but that the majority of them NAV exercise it. If
IN II conformity with Sias law but that majority of
not Necessary and that this last point has
rom Delaware mooted that point and attempted to show
the senator from New and the senator from Vr-
gni and by reference to my State that tne CONCUR
renee OF both branches Is required The practice of
all the States in the Union with exception Of three or
TOUR IN New England is that the concurrence of both
uanenes not required but simply majority Of tho
wnoe In my Judgment that is the meaning of the con-
stuon certainly such has been me coemporancous ex-
position Of from 1883 uat to-day The proposition of
tue from LOUISIANA is the that Of the
ator from Delaware and 1t finally results in declaring that
oIs than majority Of this body Are entitled their
Out have been unconsttunonally elected The pre-
iecessor o The senator from Pennsylvania elected
against majority OF body but by majority of the
|, hole Perhaps that was the in regard to his
Mr. BGLER. No, sir; such was not the case "a rsesr-
'nce to my election though it was in regar o the ex-
senator 10 whom the gentleman refers wish to saw that
aas point Is entirely mmaterla presume there Is
Inference OF opniou the ct that senator could be-
elected IN properly constituted convention without re-
eving the votes OF aoriy of each branch Of the legs
atare There difficulty whatever ON that point; but
AN senator be elected where each body represented
'y majority The constitution of the United States pro-
,es that the shall be elected by the legislature
Inc constitution OF Iowa describes what constitutes the
gisaure OF Iowa Now, according the facts stated by
he senator himself branch Of that legislature NOT
PRESENT The senate met and adjourned and did 20
hat oonventon. That the pont which wished 70
'e clear beg the senator's pardon for hagng interrupted
i'm have done simply because desired information
have listened to him with great pleasure.
Mr. CLAY. understand mere was not a quorum of
he senate present. na
Mr. TOOMBS Th4re was not, and that is the whole
op OF the casa majority of the senate opposed to
clng into an electiona majority of They of
Inherent politics from the majority Of the general assembly
ne legislative power in Iowa is vested in the general
emily. majority Of the general assembly present,
ut majority of of the branches of that general
y opposed to the majority of the general assembly,
nd would not join in this election That the whole
there is no difficulty about the facts.
The sole argument against the sitting member to
tand on play upon the word legislature The egsa-
ure is to elect Well, who the legislature must
efer TO this point again. for it put FROM all sides
Though shall have repeat argument / say that
he legislature, whose duty it to make this election,
onssed of the persons elected by the people Of Iowa
in branch the other of their general assembly
law passed by helegsature In order be valid requires
be action of both branches particular way
ut owacould merge the two bodies into The members
the legislature the persons who had legislative
over and if there had been nothing in the constitution
ne body by simple resolution like that by witch the
aona assembly made out of the three estates at the
eginnng of the French revolution The law of Iowa has
lade them body for this purpose Iowa has done this
the exercise of clear constitutional right ask gen.
emen to point me to the diculties in the way. The
gisatue OF Iowa. possessing broad unrestricted penary
OF prescribing how this duty should be exercised
rescribed that should be done in joint convention The
isncve characters of the houses Of the legislature
1ere recognised in going into that convention though
aat In ny judgment, not necessary But am argu-
~ the law. The law of Iowa required it, and it was
one under this law.
But take broader view of this question. say ID
fancy unreal unsubsantal talk of the legislature
distinct from the persons in whom legislative power
esed Each member has vote, whether he be sem
tor a representative. Every Legislature in the Union
in this way for senators of the United States Such
the cotemporaneous exposition of the constitution In
of the Sfatac of hntl op