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

of
ali on that Saturday; suppose il had adjourned from
Friday to Monday what was the duty OF ,hs mem
bers They had by the act OF the union OF tne TWO
branches become members of the JOINT as
separate and independent organization, IL was their
duty TO attend it, no senatei and the con-
vsnton did wha2 My friend she chairman o. the COM sra
day OF the Joint convention the house sent message TO
the senate by three of its members TO inform the senate
that il was ready receive it That is not required by the
law II is not an act of substance II s act OIL
courtesy is merely TO say to the senator's we have
now prepared seats to receive YOU IL was not required
at all but the house did IL the first day, the second
day. the third day. the fourth day and ON the hh DAY
My friend calls ID giving notice IL was not giving nouce
The notice given by the adjournment but they did on
the fifth day another message the senate chamber
and they found the secretary OF the senate who said the
senate had adjourned The senator srom South Carolina
tce was required But what did the joint convention do
Some of the attended, their obvious duty
the law they being members of the joint convention
| Mr. BUTLER As my friend has dwelt point,
will ask him how he will this question: Suppose
after FIVE baotngs or three adournmen they had sent
to message stating that they ready 70 re-
ceve them but the sixth seventh day they had sent
no message, but went into election y
i Mr. PUGH / think message necessary.
i Mr.. BUTLER. Suppose they had sent no messenger
i Mr. PUGH The election would have been just as good
without it. The law did not require any message 70 DC
sent The message simple act OF courtesy from the
members of the house. who seemed to think that as II was
their house. they had right TO arrange the seats II was
not matter of substance; ii not required by any law
but say they did it, No notice to the senate was re-
duired but some of the senator's fifteen of them attended
sixteen were absent What did the convention do2 IT
sent the sergeantaams after the abSenteesthe very
thing it should have done They were members OF that
body They bound by their oath OF ohce and by
the law to attend III they were IN default Tor not attend
ing il and the convention had right TO send for them
and did send for them. The sergeanatarms made due
return process He took two of them corporeay MS my
81 friend from Georgia saysenough to make quorumand
these two gentlemen thus accounted for themselves:
Senators Ramsay Thurston appeared the floor of
the convention
They were brought there
and desired to be considered not acting in the
tion."
They were brought into it. and yet they refused per-
form their duty. What further2
"The reported that he had performed his
duty required by the convention, and that few OIL the
members he could not find"
I suppose they secreted themselves or went Off The
whole question back to this what the effect of
organizing the JOINT conventon2 say that when once
organized it irreyocable. 1t an independent
body and it had right TO the attendance of its
members If every member Of the senate had chosen to
remain away the members of the house. being there in
their character the majority of the joint convention had
the right to send the sergeantatarms after them and
bring them the bar of the convention, and report them
to their houses afterwards disobedient in their duty
may say that up to this point of the case after having
given it thorough examination entertained doubt at
ALL but did at stage after the first examination en-
terrain very great doubt about Irregularities of which
my friend from South Carolina has spoken The law re-
quire the president of the senate TO preside over the con-
yenon The president Of the senate not present
the last day and the joint convention or the members o.
. it, elected some other gentleman, Mr. William W. Ham
ton president tspore of the senate That agree was
an ire nIart. They bad business 10 elect him No
body but the sitting separately could elect pres
dent ro tspore and at one me thought there was some
serious difficulty about iii but turning 70 the statutes
found that in the absence of the president OF the senate
the speaker Of the house of representatives should Do ps
= dent of the joint convention. The record says:
8 nThe president of the senate still being absent,
Te speaker Of the house Of in his chair
ltary If he inint cnnv antfn
nj consider this gentleman who assumed to be president
of the of consequence than if they had
brought in egy stick of wood and set it up there
He did no good and did harm He nonentity ii
every sense The speaker of the house of representative
was the true president of the convention and the
l. says he sat in his chair
IS; Mr. PUGH. There was no adjournment, but they wen
on to One thing is evident; question of orde
raised during the session. and the speaker of the hons
of representatives made the decision Here Is on tn
IA record:
Tho speaker announced that, majority Of the mem
bers Of the general assembly being present. there was
Of the joint convention now convened pursuant
i adjournment"
y That the speakers decision
Mr.. BUTLER Who took charge Of the convention afte
|. that
) Mr. PUGH The record does not show that anybod,
W did They had nothing to do but vote They
% to proceed to vote What else was to be done TIL
presiding officer of that convention to sign the cer
ID cate and the speaker did sign it. is recorded on tn
minutes of the house. and the minutes of the joint
= venion, with his signature He did every act and it
not avoided by the addition of this gentleman who called
himself president pro tepore Of the senate bit
% than If it had been certified by any one else
There was another difficulty which also gave ver
great trouble The of the legislature of Iowa requiret
i'd that after the interchange OF messages go into join
ut conventions each house separately should appoint teller
the object being suppose to preserve in that particular
the independence of the two branchesha each branc
should appoint of the judges of election The teller
tn the senate did attend the last day. he
or ttere confess at time thought that fatal dit
ID cuty: but subsequent reflection induced chang
n my opinion snd will state to the Senate briefly
it can, the reason
In the first place although The statute requires that tn
eers shall be chosen by the bodies separately after tn
interchange OF messages before they go into convention
Of yet point of fact that has been the usage On tn
h FIRST day the convention which conessedly goot
because all the senators and all the representative
present instead of appointing the teller in the house
and then another teller in the senate after the Interchange
IT, Of messages and before they together teller
I'd appointed in fact until after they had together
then they not appointed by the houses but by tn
to respective presiding officers The record says
g "The president appointed Mr.. Workman teller tn
part the senate The speaker appointed Mr. Kinert
ut the part of the house."
~ That is the construction of their statute made with
" out dissent by the whole legislature and give to eac
= State the right to construe its statues They praci
further To the statute says the teller shall
Judge of the election but it goes to say what his dute
- are, and it them all and he has more whethe
~ you call him Judge duke general what
y His duty ia oil here and what is 1t
to The Of the members Of the general assembly
IN be arranged by the secretary alphabetical ORDER
member shall vote in the order in which his stand