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

vote Of majority Of that joint convention whether there
the legislature for that purpose under the constitution Of
the United States II understood the senator from Iowa
the other day. according TO the constitution of his State
after certain number of days the legislature must be dis
solved
Mr.. HARLAN stated that perhaps, too strongly The
constitution of Iowa provides that they may receive
tain per diem for fifty days and after that il down
to dollar day. which practically results in the disco
luton OF tho legislature at the end of fifty days.
Mr. BiGGS. Ny question supposes that, by the constr
tuition or law OF Iowa. they limited to certain num-
Der of days Suppose that after having constituted joint
convention for the purpose of this election the term
pired could majority of that convention, without
majority or the continue the convention until they
made an election
Mr.. FOSTER. should say they could not They would
be dissolved course by law on the adjournment of the
legislature die This joint convention could not in my
view continue joint convention longer than the eg
lature cold by law continue. Any event which termsa-
ted the existence of the legislature would terminate the
sence Of the joint convention because the joint
speak, is the offspring of the legislature and dies with
its parent IT would end in my judgment, when the egs-
ature ended do not however regard that fact at all
initiating against tie claim which make which u.s. that
this joint convention would continue during the time for
which, for the purposes of this case it is necessary for
to claim II continued because during that time it is not
supposed that any such that alluded TO by the
from North Carolina interviewed to destroy the existence
Of this legislature II might go and did go on beyond
this period The claim making was, that the joint
convention could only terminate by vote of its dis
solving it by withdrawal of such number Of members
as leave it without quorum or as the senator from
North Carolina has suggested BY the arrival Of the period
of time beyond which the legislature could not sit
is unnecessary to consider question which has been
suggested in the of the discussion what would
have been the effect if of the bodies as for instance
the senate between adjournment of the joint
ton and another had met together and voted that they
would not longer continue to cit in joint convention with
the house OF Representatives If they had reconsdered
their under which they went into convention In the
month Of December for the purpose of elecng SENATOR
If they had voted longer to continue the convention
with the house. and had sent message TO the house of
representatives giving them notice of that fact in their
separate independent as mouse OF
the senate acting independently of the house. senate
unnecessary consider the question what would
been the effect That circumstance might have affected
the subsequent action house though
think not; but these facts have not occurred There
is preeuce that the senate revoked at ALL gave
notice to the house that they would not continue sit
with them in this convention Indeed for aught that APP
pears they supposed that the house would 60 without
Them very clearly they could il the house all to-
gelher, even II the senators went Individually. The
OF the senate to adjourn from Saturday to Nom
day adournng beyond the period when they to meet
the house in joint convention 1t does not appear from
that vote that the senate meant to dissolve the
vention 1t very clearly not necessary that the
should that day prior to their going into this last
Joint meeting meet and senate that they would
then when they had joined in the vote the day before
providing that they would adjourn until ten o'clock
of that day. The senate might well meet and vote
senate to adjourn to the next week. with perfect
Outstanding the part of the that they
tors would 20 into this joint convention when the hour
arrived for holding it. There is nothing in that view in
consistent with the fact that they voted senate to adj
W
The honorable senator from Maine mr. FEssENDEN sug-
gess whether if the senate should rcscnd their vote that
would destroy this joint convention certainly do not
admit IT, say that is question which has been sug-
gesed by senator's and 1t s unnecessary to consider it
My opinion certainly is that it would not destroy
end 10 this convention unless the house concurred
bat suggest that II Is unnecessary to consider that be-
the senate have done it. and all the action which
the has taken is entire consistent with the idea
that they meant 70 keep faith with the house and act this
/ voted that they wound make. Their vote to adjourn
over say, Is not at all inconsistent with this idea 1t
! 20 uo .sss TIE mouse sent message to the 80 70
invite them 70 cotue ~ w tue last day. but manfesty
1t was wholly unnecessary The Joint convention on
the day before had voted to adjourn to that day. at
given hour When that hour arrived the senate would
of course come and meet the house or the senators
would They not come in as senate because
taey came in as senate when they first organized the
convention and there was an end of the senate
SUCH until that convention dissolved An adjourn
ment from day to day simply the continuance of the
sion There is question about that Certainly that
need not be argued here II this body had remained
session ever 80 long, adjournng from day to day if each
branch of the assembly had met nobody would deny that
it was session Of the body My claim s that it Just
as much session Of the body, although the members Of
the senate may stay away because after 1t has been
organized 1t becomes peculiar body, recognised
senators or as representatives, but as body of
thorzed by the constitution and law make election
and fso, they are to make 1t by majority assembled
the time to which they have voted to adjourn provided
that majority constitute quorum of the body. 1t is
joint convention without reference to whether it made
of made up of and seems
to must that result if admit that the vote
that body to be taken the of all other bodies
is and determined according to the majority way
the other and not according to whether given
by senator's given by representatives That makes
difference; and in making up the count OF votes it is
wholly unnecessary that there should be any distinction
between the one and the other.
The result them Mr.. President to which come is this:
The general assembly of the State of Iowa. each branch
acting for itself and independently voted to 90 into Joint
convention for the purpose of eectpg of the Uni
ted States The two branches of the general assembly,
ageeably to that VOTE met They constituted joint
venton That joint convention continued in existence
body and he elected to his place by majority of all
the votes composing the two houses OF the general
bly, The fact that another president elected that
there any normaity in the appointment of teler or
informally in regard to verifying the proceedings of
that body, would not in my Judgment affect the validity
Of the grand resutto wit the election. The law Of the
State which is made part Of the report provides that
in his absence by the speaker Of the house his
absence by president pro tpors elected by the body
True the convention elected president pro tcsnpore 1t
however act wholly invalid. The speaker of the
house of representatives sat- and he undoubtedly the
presiding officer of the body One of the teers the
appointed by the senate it appears did not finally act
certainly be centended that the fact of one
teller who has been appointed refusing failing act
vates an election after have abundant evidence that
fair election made Objections of this sort purely
technical are surely entitled to favor and aside
an election for matters Of that description would be- use
technical legal phrase sticking in the bark altogether
That the body authorized by the constitution coun
try and BY the laws Of the State elect the met
for that purpose and met in every respect and according
ed denied The that one element Of the legislature
withdrew ITSELF il it did withdraw