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

vote against the successful candidate II seems TO me that
when these two concessions made the whole is
gone No one has yet pointed out the difference shall
be very glad II any will point II out wish know
why 1t is that election Is valid when made against
majority OF one branch Of the legislature and an election
Is net valid II majority Of one branch Of the legislature
not present Take this in Iowa There one hun
dred members Of the Iowa legislature Sxynine of these
are representative and thirty senators Ffty-one is
majority Of the whole legislature is admitted that
there are thirty present which
ority OF the house OF Representatives and sixteen
which is majority Of the senate, making fty-one menu
oers in all twenty Of that numoer being all representa-
uyes may elect senator because iftyone is quorum
and tweny-six 10 majority Of ffy-one Every one ad-
mits that there may be election 10 that case without the
concurrence Of the senate at all and though every
has voted against the successful candidate Here is an an
swer to that argument which pressed Do you contend
1t Is asked that the house of can elect
senator without the concurrence OF the Certainly
we do; and every one taking opposite view admits il
there Is no senator the floor who does admit that
the case have put twentysiX members of the house
representatives being majority Of the quorum Of the joint
convention, could elect a senator.
When this argument Is pressed, what is the only an
swer which has been given II Is that which the senator
nom Delaware gives He says that is true it requires
quorum, however, of the senate be present. They
tell us II there thrytwo Of the United States
present in this body seventeen pass a bill but the
seventeen could not pass there were thirty
tors presents and the fact that you have the other senator
though he votes against the BILL makes up quorum and
enables the seventeen to pass the This the argu-
ment but 1t does not reach the Is there any instance
where quorum required to be present. and yet less than
majority OF thatquorum can do act That is the
case Then your thirtytwo present we ad-
init that seventeen can pass BILL but sixteen do it
Gan neen DO It'll Can any number less than majority
or quorum do 1t Surely mott Then, If a quorum OF
the senaes required be present the Joint
can anything less than majority of that quorum gveva
Monty 10 any act II seems to that there ID the Whole
case II is apparent that you require greater
number to be present than requisite rather
Is apparent that you cannot require greater number
uirpa ma oritvo f
The answer which sought be given this position
that senators presumed acquesce and that quo
rum being present the majority Of that quorum pass
bill in this body is at all to the position we
take which u.s. that less than of the senate can
do no act and if less than aorty of the quorum can
40 no act IN the senate how can lees than majority OF
the quorum required to be here When it is conceded
Una. JOINT convention c eject senator and that that
may be made against the votes Of majority Of one
branch seems to me that the case Is given up and this
| election is admitted to bs valid.
| Mr. COLLAMER. Mr.. President --
Mr. BUTLER The hour il late and If tho senator will
yield the floor have idea of pressing this question
precipitately viii move adjournment
| Mr.. SEWARD. ask the senator to allow to mako
an explanation. wish to state the Senate that am in
formed it possible that the legislature Of Iowa. which
now in session. may continue in session than the
week. and therefore, 1t is desirable that this ques
on should be decided to-day, in order that communities
| ton of the result may be made.
| floor altogether.
| Mr.. pUTLER Mr.. President, 1t was my intention al
time TO make reply In detail many of the argu-
ments which have been offered but shall detah the Sen
ate for only ten minutes is due to myself and certain
due to the committee that should discharge that
the part Of the minority Of the committed and those
who have sustained the positions Of the minority, in
their naked precision, as far as IN language The
two members of the committee who differ from the major
iy Messrs PueH and TooMBs] have gone thus farthey
escape from the consequence and those who have
concurred with them have in measure indicated the
ground that although the legislature of Iowa derives it,
existence and has its organic power under the constitution
Iowa. yet Independently Of that constitution, there may
be such conjunction of the branches of the sgsa
ture created by the constitution as to make that conunc
ton third estate far this that for the time it in
being and while 1t il 10 process OF adjournment from day
to day that convention by majority without regard 10
the original organization the and house repre-
sentaives ia paramount and capable OF suspending al
legislative functions under the constitution OF Iowa. in
other words as understand the senator from Georgia
say notwithstanding the fact that the legislature OF lows
is composed OF two branches each being unit int
grail part STILL when they fused, the fusion if may
speak, far unit that 1t power paramount
to either and superseded all the directions and prescrp
tons Of the constitution for the time it was IN existence
or, in other language it suspended all legislative func
tons--was paramount, exclusive
Mr. PUGH If the senator is stating that as the view
the minority of the committee wish TO make sugges
on for do not desire to DO represented as holding tina
view.
! Mr.. TOOMBS. NorI.
Mr. PUGH say there is nothing in the constitution
inconsistent with the action of the joint convention
The constitution says the legislative authority is vested
two houses but the election Of United States senator
not legislative act
Mr.. BUTLER shall put the proposition the senator
himself put tin the concrete and not In the abstract
and he cannot escape from it, He maintains does the
senator from Georgia. that when this body called join
convention in session. 1t far an organic
body that had right to summon the members of the
senate wherever they could be found and understood
the senator from Ohio though the senate OF Iowa might
its sittngs under the constitution of Iowa. would
be competent for the convention If there were few sena
tors there it composed exclusively of members
the house of representatives to send in the segeanta
arms take the senate by the collar and bring its members
into the convention and force them to vote That is the
proposition. He cannot escape from It,
i dislike to differ from my friends from Ohio and Geor
gia and must beg pardon for reading what regard
the vital organic power of existence of this legislature
intend to read this for my friends instruction. In my
opinion there be no legislature Of Iowa, unless it IL
derived from the constitution Of that State hold thai
constitution in my hand We have right to recognize
any legislature whose constituency is not and
who have not their powers from this charter Now, wha
does this charter ayths sacred instrument upon which
the legislature depended for its existence? "Each house
shall sit upon Its own adjournments."
The ground is TAKEN however that when the convention
formed it not only indssoube except by the &C
on OF majority OF the convention, but was perpetual
and had right to continue its sessions from day to day
and that competent the senate grounc
whatever to resume its ttngs separate body for thu
i purpose of doing business The senate might reassemb
It's hail. and whilst there the governor might com
i muncate them that enemy at the gates-tha
the Indians their borders but STILL when the
mons from the house of representatives to meet
joint convention and the should reply that the,
engaged in important business they could be told
Having in the convention yesterday agreed to adjourn
from day day. you have right TO your sepa
rate sessions any business contemplated by the
stitution you esopped BY the very