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


cedent should be set which conceive will be eslsb
ished by the admission Of the gentleman from Iowa. shall
regard IL as breaking down all the landmarks all the bar
ers all the buwars erected 10 protect the people them
selves according 10 the efms OF the power which they
have prescribed by their constitution for the egsa-
ure IL has been beautifully said by law-wrier, and
very great writer that when constitutions lose the power
OF resentment they become places of refuge for fraud and
usurpaion Sir, IL the constitution OF Iowa cannot pro-
ect itself against this tiers sdaganst this third estate
under circumstances of this kind has lost the vitality OF
resentment What would be the state of things that
should resut2 Did the legislature act the assump-
ton from the beginning that the senate OF Iowa was an
integral part OF this proceeding Did not the house OF
resentatives send committee inform the senate not as
many individuals elected TO the senate, but to inform
them joint cohvention7 Suppose they could dis
pense with that after having commenced IT. as
some have commended would not dispensing with 1t have
been fraud2 SUPPOSE that ON the morning OF January
1865 instead of sending to the chamber the
other house did, message that they ready 10 go into
conventions they had orborne TO do had refused to
send message and had gone into an election by the vote
of majority Of the house OF representatives, with
few senators who might have been priyy to the proceed
ngs IL would be held perfectly lawful according to the
notions entertained by some gentlemen for they could
invite the senate day. and refuse to invite them the
next insisted, when spoke before, and insist now
that having commenced this process this mode Of proceed
ing was which they bound to observe In good
faith but they did not
When the committee approached the senate chamber on
the day OF the alleged election there was no senate in SEES
sion the members at their hotels different pla
ces in the communi The senate had soemnly declared
In Its own chamber that had adjourned under the pro-
vision Of the constitution of Iowa. which have read II
the other house could say the You had no right
to adjourn could say to the senate You had no right
to sit on that day and according to the argument Of the
honorable senator from Ohio the house of
could In this mode OF proceeding have acquired power 10
an extent that it could break up the session OF the
senate when that body proceeding under Its ndpend
ent authority, to attend to other business
60 furthef and intend to the gentlemans propo-
son to the most extravagant consequences attanable
Under the power assumed by this body alleged to be
joint convention it could continue in session from day to
day, paramount continual omnipotent power through
out the whole session of fifty days and there could be no
appropriation bill passed. do understand that 1t was
nominated in the bond and lift nominated in the
bond, should go with my friend from Louisiana Mr.
BENJAMIN and say that act passed eight years before
this election be held could control only so far as 1t
consistent with the constitution OF the State OF Iowa
do not it was nugatory act but 1t was one OF those
acts which could not control subsequent legislature be-
yond the obligations Of the constitution from which that
have now remark to make which may think is
very anti-democratc If George Washington, Benjamin
Franklin, and the distinguished sages of the revolution
had formed ten into body, and there were hun
bred stump orators in the other the wise holding their
terms of office for four years. and the other body for SIX
months the six months who had none OF the sense Of
the ten men, could go into an election at any time they
pleased might present the case perhaps OF those who
the pioneers of this country The smaller body may
consisted Of the authors and architects Of the very
constitution under which these assembled. Ac-
cordng to the notions of my friend from Ohio, the men
invested with senatorial dignity having four years tenure
could be deprived of their robes and brought In by the
neck under the dicaton of majority OF the one hundred
stamp orators.
did not intend sir to say as much have said l
simply to present the consequences OF the gentle
mems argument in such position that they could not
escape from them The senator from Georgia has said that
competent for the body which assembled and made
this election not house of representatives but as
component part of the original convention, to make
the election in the absence of every member OF the
senate of love- and the senator from Ohio has SAID
that competent for the house of representatives or such
of representatives. send for senators wherever they
might be found whether in the senate ball or elsewhere
and break up assembly of the senate which had
vened under its constitution These propositions
at which felt in measure ala med. do not think
they are likely to meet and hope they VIII not meet WITH
the OF the Senate of the United States have
spoken earnestly but 1t is because have regard for the
opinions OF those from whom differ This cannot say
OF all who have spoken this subject know that
very modesy declared that what had been said
myself and others had not attained the respectaoity
OF decent sophistry. That gentleman has been in the
Senate long time and think be has cause to say
have been guilty Of any personal unkindness to him
| Mr. HALE. Let me correct the senator. What said
have doubt was offensive enough; but not anything
like that simply spoke of the force with which the ar
gnment had struck my own mind; and did 30 very
tiousy the senator will see by looking at my remarks
spoke of the in which the argument had struck
| Mr. BUTLER Well, sir have heard of chronometers
geomete and hermomsers butt have never before heard
Of have ssea
the mind; and prrpp, (mee measure; and suppose the
gentleman hereafter may be called the phrenomeer of the
Senateo judge every mans argument according to his
| standard.
Mr. TOOMBS 1t is not my purpose to detan the Senate
moment in replying to any arguments in response to
the observations made at the opening OF the case-et
them sandnor to reply to arguments made by other
| gentlemen; but simply desire to put myself right
think much mi5construed and misunderstood by my
friend from South Carolina understood him to state that
my position which be does me the honor to say was en-
dorsed by my friend from Ohio, MIR. PUGHJ was that
when this convention got into existence could override
| the constitutions Of the United States and Iowa.
Mr. BUTLER. Oh no, did not say
| Mr. TOOMBS. Well am very glad to be corrected.
Mr. BUTLER. did not intend to say that for the time
being while in existence the senator said it was paramount
| authority in Iowa.
Mr.. TOOMBS For the purpose of electing senator,
assuredly did say My position presume, whether
right wrong is difficult to be misunderstood think ii
has least the merit Of perspcuy said that this cleo
ton in conformity with the constitution OF the United
States the constitution Of Iowa. and the law OF Iowa made
in pursuance thereof read them ALL for the purpose OF
building the legality of this election upon those nsru-
ton Of Iowa. and the law passed by the legislature OF
| Iowa.
held in the language of the constitution, that Congress
had the absolute CONTROL whenever it thought proper
exercise it, the time and of holdi the cleo
on though it has power over the place. The egsa-
ure has in the absence of congressional regulation full
power, with the single qualification that the election must
be by "the legislature endeavored to show that this
election, in the language of the constitution that
it personal act and that when you ascerained by
the constitution of Iowa who members of the egsa
ure there was express constitutional authority dele
gated to Iowa to provide the time and mode she pleased
The power Of the legislature Of Iowa. if not limited
roled by their constitution just ample the
mode and time ia that of the Congress OF the United
States which broad and unlimited with the sole resc