Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-01-07
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CoNGREssIONAL.


On motion Of Mr.. Hunter, the Senate pro-
ceeded to an election. Mr. Mason was elected,
receiving 80 votes, Mr.. FOote II, MIR. Weller !,
blank 2.
Mr.. Harlan moved the Senate would proceed
to the consideration of the report OF the come
mittce on Judiciary, relative to his claim to a
seat from Iowa.
MIR. Pratt trusted the subject would not now
be considered, as many facts were involved III
the decision of this case, and it was important
that they should be thoroughly understood.
The Senator from Georgia (Mr TOombs) had
intinated his intention to submit a minority re-
port aud he should like to see the arguments
Of both sides before proceeding to discussion.
Mr. 'Toombs, after remarlling that it was not
single cOntrOvcrted fact in the whole case, SAID
tile only difference of opinion relative tn the
matter was based upon the application of the
law to facts admitted on all hands so far us the
views of minority committee were concerned,
.Ie could express them as well verbally as Ill
writing.
Mr.. Bayard preferred the subject be laid over
till Tomorrow, he having been absent from the
city he had no opportunity to examine the queS-
ton.
Mr.. Harlan said it should be remembered the
protest OF the Senate of iowa had been before
the Senate nearly = years, and all the members
of the committee on judiciary had ample time
to investigate the subject ii they had chosen to
do so.
Mr.. Butler was in favor of proceeding to the
decision Of the question forthwith lie stood
in the position Of utter indifference as regards
the gentleman who was to be effected by the re-
suit, and approached the puGject solely on its
merits The government of iowa consisted of u
Legislature composed OF u Senate and House oil
Representatives. Senators hold their term Tor
a longer period than the Members of the House,
aud are fewer in humber, but are recognized by
the constitution as n seperatc and distinct part
of Legislature, the House being more nuner-
Gus body, In matters of election must have
prepOntlcrating influence and hence concurTant
action of the Senate was required. he stated
the reasons which influenced the majority OF the
committee for coming to conclusion that Harlan
was not duly elected These were in brief that
the Senate us u body did not attend that meeting
in Joint convention Mt which Harlan was elect
cd aud their teller was not there as required by
law, the Senate had adjourned over and there
Was no Senate III Session at the time, majority
of the Senators were present III their individual
capacity, but the Senate as body was not there,
the president of the Senate, the regular presiding
officer of the JOINT convention, was not there and
a president pro TEN was elected. These irTegu.
larities vitiated the election.
Mr. Tonbs COntcndcd that the Legislature of
Iowa was composed OF members of the Senate
and House, anu upon those individuals devoived
the constitutional duty of electing the Senator
To U. S. in the manner prescribed by the constl-
tuition of Iowa. The joint convention consisted
of members who composed the two legislative
bodies and as soon us they met in the joint con
vention the distinction heretofore existing be
tween them as members OF different eranchcS
was ohIiterated. Their names were arrang-
ed in alphabetical order on one list hence
the absence or refusal to participate i'll the
proceedings on the part of any members
less than a majority of the whole num-
berof members composing the joint convention
could not inValidate tile dolngS of the COnven-
ton He thought the fraudulent and tactiOus
conduct of those Senators in Iowa who sought
to defeat the election and Illustrate the will of
the people of Iowa ought to be condemned by
this body and by the entire American peOp.e
Mr. BENJAMIN wished to know whether it was
competent for one branch of n Legislature to
elect n Senator to Congress. The Constitution
of the U. S. declares that Senators shall be
elected by the State Legislature, and the State
Legislature consists of two branches, from
which it follows that the Constitution requires
that Senators should be elected by those two
branches conformity.
Mr. TOombs replied that such n construction
of the constitution would render invalid the
election of great many Senators because any
Senators had held their seats against the major
ity of one branch of the State legislatures.
Mr.. Pugh argued i'll support Of the cOnStitu.
tionality of Mr.. HaIlan's election and cOncurred
in the views expressed by Mr.. TOombs
Mr. Geyor agreeing with the majority OF the
judiciary committee, believed the election OF Mr.
Harlan was unconstitutional
Mr.. Bayard next obtained the floor, when the
Senate adjourned
HousE.-Mr Boyce gave notice Of an amend-
mcnt nc intends offering to the tariff bill. He
proposes from and after January, 1887, that all
goods of war and merchandise, and other pro-
ducts, subject under existing tariff to pay
duty of 30 per cent, and shall continue to be
admitted at that rate, and that tea and coffee be
included in the same schedule.
Mr. Greenwood introduced bill moro etfec-
tualIy to prevent the introduction of spirituOus
liquors and wines into the Indian country. 1t
was referred to committee on Judiciary.
The Presidents Message was resumed, when
Mr. Stephens said the debate on this subject
was an unusual one in our parliamentary his
tory. TO him it was invested with interest and
to the country he trusted it would not be I'M
profitable We are now in the midst of a new
epoch of the republic, and it will be so consid-
cred hereafter The result of the election has
quietcdthe public mind, and we may do well
even now when the storm is over and the dan
ger past, to review them. There were diticren-
ccS of opinion as to what was decided. Com
gress shall impose no restrictions on Terrific
ries, so far as slavery was concerned. This is
sue was boldly made on one side aud is fairly
and zeaOusly made on the other.
Mr. Davis (of Maryland speech condemned
the Democratic and Republican PARTIES lie eu-
l0gizcd the American party, and cOntended that
Buchanan had been elected by the votes of the
minority of the people; the majority having
condemned both the Kansas act and Pierce's
administration He predicted the greatest poss-
ible confusion in the distribution of the SpOils.
Adjourned.
NEW YORK LEGISLATURE.
ALBANY, Jan, 6.-Thc Legislature met at noon