Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-01-09
TUEsDAY, JAS. 8, 1857.
IEE


Mr. Casa called the Senate to order, and remarked
that the first business III order was tbs election OF
| president pro TEN.
Mr.. Hale.-What Is the occasional
| Mr.. Cass.-Because we havnt any. Laughter.l
On motion of Mr.. Hunter. the Senate proceeded to
the erction-Mr. Macon receiving 80 votes, Mr..
Eco: II. and Mr.. Weller /, Blank2.
Mr.. Harlan moved that the Senate proceed to the
consideration Of the report Of the committee on the
judiciary relative to his claims to seat az Senator
| from Iowa.
Mr.. Pratt, trusted the subject would not now be
considered. Many facts we're involved in the decision
Of this case, and it was important that they be tho
roughly understood Tbs SENATOR from Georgia Mr.
Toombs) had minated his intention to submit mi.
mority report, and he should like the arguments
on both sides before proceeding to discussion.
Mr.. Toombs, after remarklg that there was not d
single controvsrted fact in the whos case, said the
only difference of opinion relative to the matter was
based upon the application of the law to facts sdnlt'
ted or all hands so far az the views OF the m'norl-
~ OF the ccnm''es were concerned lie could express
| them wei verbally as in writing.
Mr.. Bsyard pre:rrred TIM, the subject be laid over
| till TO morrow Having been absent from the city be
F; had no opportunity to examine the question.
| Mr. Harlan said i, should be remembered Inc pro-
test of the Senate of Iowa Lad been before the Sc
nate nearly two years. All the members ct the com.
mittee The Judiciary had had ample time to inves.
tigate tho subject, il they chose to do Another
why i; desirable 10 have the question set.
tied az possible was thea the Legislature OF
Monday OF December. aud their term is limited by
| the constitution To fifty DAYS
Mr.. Butler was in favor of proceeding to decision
Of the question forthwith. lie stood in position of
utter indifference as regards the gentleman who WAS
be affected by tho result, end approached the sub
ject solely on it's merits. The government OF Iowa
consisted OF Legislature composed Of Senate and
House OF Representatives. The Senators hold their
term for longer period than the members Of The
House. and fewer in ucmbor but ore recognized by
the constitution separate and distinct part OF the
Legislature. The House being more numerous body,
in matters Of election must have preponderang IN
huenCe, and hence the concurrent action OF the So.
nate was required.
He stated the which influenced the majority
Ut the committee IN coming to the conclusion that
Mr.. Harlan was not duly eected. These were, in
brief that the Senate, as body did not attend that
meeting in join: convention ut which Mr.. Harlan
elected aud their teller not there, as required
by law. The Senate ha1 adjourned over, and there
was no Senate III session at tre time. majority OF
Senators present ia lisr individual capacity, but
the Senate as body was not taerc. The PresiLa l
of tho Senate, the regular presiding cticer Of the
Joint cUnventiOn no! Present and the convention
elected president pro tenn. These irregularities vi
tiated the convention.
Mr. Tuombs commended that the Legislature OF Iowa
was composed of the members Of the Senate and
House oi representatives and upon those individuals
wRs devolved the constitutional duty OF electing
Senator of the United States in the manner pre-
scriked by the constitution of Iowa. Tho joint
ven;ion consisted OF members who composed thetwo
legislative bodies, ana "a soon "a they met Ill joint
convention the distinction heretofore existing between
them members Of ditersat branches was ohliiera
ted. Their names were arranged in siphGbeiical or
der one list Hence the absence refusal to par
ticipate i'll the proceedings. Gu the part Of am nun.
Der less than the majority OF the whole number OF
members composing the joint convection, could not
inv ai;dae the do:ngs of the conventions. He thought
the fraudulent and factiuus conduct OF those Senators
in Iowa, who sought to defeat the election and frus
trate tina will OF the people of Iowa. ought to be cou
demued by this body and by the entire American
people.
itr. Benjamin wisiIei to Irog whether it was COM
petent for branch ur the State legislature TO elect
Senator to Congress. The constitution Of the Uni.
ted States declares that Senators shall be- elected by
the legislatures aud the State Legislatures consist
Of two branches, from which it follows that the ccu
stuton requires Senators TO be elected by those two
hrauches currently.
Mr.. Too,nbs replied that such constitution would
render invalid the election % great many Senators,
because many Senators had held their seats against
the majority Of branch Of their STATE legislature
Mr. Pugh argued in support of the constitutional
ty of Mr.. Haran's election, and concurred ia the
views expressed by Mr.. Toonbs.
Mr. Geyer agreeing with the majority OF the judi
ciary committee, believed the election Of Mr.. Harlan
Unconstitutional.
Mr.. Bsyard obtained the aoor
Mr.. Fish introduced bill making appropriations
for the removal Of Diamond Reef end Coentes Seef,
in New York harbor.
The Senate then adjourned.
HOUSE OF REPRESENTATIVES,.
Mr.. Boyce gave notice Of tho amendment he
intends Offering TO the Tariff bill. He proposes
tha: tr"a aud after January, 1857 all goods wares and
merchandise and other ander the *
isong law TO psy duly Of 20 per cent, shall con-
tnee to be admitted ct that rst; aud that tea and
coffee he Included in the came schedule.
MIR. Greenwood introduced bill more effec.ua.ly
to prevent the Introduction Of spiruous liquors into
the Indian country. Referred to the Committee on
toe Judiciary.
The consideration Of the Presidents message vas
then resumed. Mr. Stephens said the dsba,e on this
subject was an unusua! ono in parliamentary bis.
tory. 10 him II 81" Invested viii Interest and 10