The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-01-19

UluScIysJ ueCausc tuey Wetu oo'W INV oen~-
age. The st. Louis Inieil,gencer pricks this
philosophical bubble of the slavery sorhiss
By asking how a man can nlienste right, to
do which Is voluntary act, by being born,
which 10 an inpoluntdry act. And 30 both
slavery lovers are put at fault, and left with
out a philosophical defence for that insti,s-
ton which they feel 40 much needs il.
Debate ON Mr. Hmrinn's Case.
| The debate upon the question Of Mr.. Har-
lan's being entitled to his seat, occurred on
| the 9th. Mr.. Butler, Of South Carolina,
made the principal argument against him.
The points he urged are briefly presented in
the following:
Mr.. Butler was in favor Of proceeding to
decision OF the question forthwith. He
stood in . position OF utter indifference ms
regards the gentleman who was to be effect
cd by the result, and approached the subject
/ solely on ito merits. The Government Of
] q Senate and House Of Representatives. -
| The Senators held their terms for longer Pc
| riods than the members OF the House, and
/
| the Constitution % separate and distinct
part Of the Legislature. The House being
| the most numerous body, in matters OF cleo
ton must have preponderating influence,
/ and hence the concurrent action OF the Sen
ate was required. He stated the reasons
which influenced = majority Of the commit
| tee in c. ming to the conclusion that MIR. Har-
Ian was not duly elected. These were, in
brief, that the Senate rs a body did not at
tend that meeting in joint convention at
which Mr.. Harlan ives elected, and their tel
Ter was not there as required by law; the
Senate had adjourned over, and there was
no Senate in session at the time u majority
of Senators were present in their individual
capacity, but tho Senate as body was not
there the President Of the Senate was the
regular presiding officer OF the convention,
but they elected u President pro TEN. These
! irregularities yitiate the election.
The following is a brief summary of the
argument Of MIR. Toombs, in reply, that
gentleman having made the principal effort
| on the other side:
| Mr.. Toombs commended that the Legisla-
ture Of Iowa was composed Of members OF
Senate and House, and upon those indiyd-
uals was devoived the constitutional duty Of
electing q Senator Of the United States in
the manner prescribed by the Constitution Of
Iowa. The Jeint Convention consisted of
the members who composed the two leg
islative bodies, and as soon as they met
in Joint Convention the distinction here
tofore existing between them rs mem
bers Of the different branches was obltera
ted. Their names were arranged in alpha
besical order on one list, and hence the alb
sence or refusal to participate in the pro-
| ceedings on the part OF any member, or of
less than Majority OF the whole number
OF members composing the Joint Uouventi on
could not invalldate the doings Of the Con-
vention.
This synopsi. Of the remarks Of both
speakers is brief and inadequate, but we
are unable to present longer one. Mr..
Toombs concluded in the following language
of just condemnation OF the conduct of the
factious majority of the Senate!
| Sir, in the early history of this Govern
ment, ndhering more strictly to the forms un-
der training Of the common law and Of par
Elementary rules, we oftentimes permitted
slight Irregularities to defeat the popular
will--the will Of those who had the right to
vote; but the other branch Of the Legisla-
ture Of the United States, taking broader,
clearer, sounder, and, | will say, more en-
/ Iigh.cned views Of these questions, have
looked, day by dav, more at the substance
and less at the forms Of proceedings; they
have directed their inquiries more and more
to the fact Of whether or not the person
claiming the Office Of n representative Of the
people is sent to them by the lawful votes OF
I nft EoH nln a,,a
thereby wrested from fraud and chicanery
its most effective weapons, and INDICATED
the right even Ut the expense of forms. Here
the members Of the Legislature voted rird
roce, and q majority Of both branches TO.
gcther, not OF each separately majority
Of the whole number Of those who had q
right to elect him, sent the sitting member
here. You have the su stance OF an elec.
ton. The question is, whether the factious
conduct Of few men who were elected to
the Senate Of Iowa, and who ought to b.
condemned by the people, and not counte
nanced by this body, shall by illegal conduct
prevent the exercise of their constitutions
rights and duties by majority OF thu
Legislature, or defeat their legally de-
clared willY They never shall have my vote
That is the great fact, the Fundamental
fact Of this case. The men whose will coulC
send Senator here by the Constitution ane
laws have sent the sitting member here. N,
fraud-not even u fault is alleged against III,
majority or the sitting member. Nobody
pretends that any Of the votes given were no
, good votes, and that they were not given b,
the persons entitled to cast them. The onl,
allegation is, that the Senate had not its owl
teller present. Ii is rule Of law that n,
person can avail himself Of his own wrong
, and say that these persons should not b.
allowed 10 avail themselves Of their owl
wrong to defeat the will of the people o
Iowa.
The sitting member received clear ma
Q jorisy Of the whole number OF members o
1 the Legislature Of Iowa. That fact appear
from the papers. The election was held il
substantial conformity to the laws Of Iowa
1t lacks nothing even Of form, except wha
necessarily resulted from the non perform
Z nf fh.tr it,fr hr ta