The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13

perceive the Importance OF one teller DenB an ool
Of the senate and the other officer OF the house know
ing who the members-I mean knowing ohclally
do from mans general acquaintance but Know
ipg the membefs officially from the records OF me ooay o
which be is officer, he knows, when msn oilers to
whether he is entitled 10 vote or not and hence ne
called judge Of the election May be not reject vote
Certainly. Suppose stranger who is not member OF
either house offers TO vote may these judges reject his
and say he is not member OF the senate or Is not
member Of the house OF representatives and then orne ne
fact to the notice Of the presiding oce who OF course IN
the end would decide subject to appeal whether ne was OF
not nenioetf .
Mr. PUGH. If the senator will examine the Batutel be
will find that the teller nothing to do with that 6us-
The clerk of the house calls the roll The member
answers The teller merely enters the vote after
that DONE linen the teller feads the list the name OF each
member and The of the person for whom be voted
adds up the number of and bands IT TO the pre-
siding officer That is his whole duty under the STATUTES
| laid down in black and white
Mr.. STUART am aware Of that; but suppose man
the call OF John Does name and The judge Of
te honse which John Doe belongs says: You have
be do so only introduce this to show hst there is
meaning an essential meaning In this provision OF the
law of Iowa.
| Again, the fourth section provides:
"e secretary of the and the chief clerk of the
house OF shall each keep fair and correct
record OF the proceedings OF the convention which shall be
the journals Of each branch Of the general as
semby."
of the there and the senate is not there
organised body2 How each house, By virtue OF
It's CHIEF clerk have record OF The proceedings o ns con-
venon, and spread II s Journals unless each house is
there organized body, with its officers? 1t cannot
be done. The law cannot be complied with without IT,
AS said mention these things 10 show that they are
essential elements TO convince us that the legislature OF
Iowa. 10 passing tits law intSnded to keep up the idea OF
joint convention, consisting OF the organized bodies OF
that legislature We find, turning to the procet dings
in this case that after the last adjournment there on
the journal OF the senate record OF any proceedings In
joint convention but find that the very first act OF that
senate after meeting again at the day TO which they bad
adjourned Introduce resolutions GeClar-
ing that they had knowledge OF the alleged election OF
United States senator That would seem to be enough
When the Senate of the United States is called on to de-
eide whether the legislature of Iowa have elected sena-
tor, end branch of the legislature Informs that il
has knowledge OF the alleged election that would seem
to be conclusive in itself of the fact that the legislature
had not made any such election. Not only have we this
information but The Of Iowa has sent us the record
and find that the statement Of that senate b corrobO-
/ rated by the nnd conte1ed IN Inc argument o. this
| case.
1t is insist, Mr. President that nasmuch as majority
of the members Of the whole number composing the legs
ature OF Iowa voted in favor of the occupant OF
seat and inasmuch that majority could if the
on had been contend it should have been, properly
organized have made the election we have the substance
senators dscareof the thing we have precisely
the result and therefore ought 70 endorse it. FaDy
gentlemen here called upon decide whether ali al
told that all the membets of the legislature called to-
geher in courthouse had voted for it would he say that
it was just much law as If they had enacted 1t accord
ing the constitutional requirements of the STATE OF Iowa
Gould he ar its validity the ground that if they had
been organized according TO the constitution Of Iowa. the
voters giving the votes could have passed
and that therefore you had the substance and why con-
tend for the form Is not that the argument? The an
Isl that the form constitutes the substance The an
is that the members of legislature are not the egis-
aure. 1t is only when they in organized FORM ac-
codng to the requirements of the constitution and laws OF
the State, that they legislature at all That Is the
reason, and that will back to upon every
point Of this inquiry. If the constitution of the United
States had said tne in Congress shall be chosen
by the members Of the State legislature that would save
presented entirely different question 1t is competent
for State make Judges its legislature but it would
only be when they were organized as court that they
j would be entitled to choose.
think position taken by the honorable senator from
New York is readily answered. you allow the sound
ness of his ground-which certainly agree to
it only far this that the States have the sole power
to define the place. time and manner of choosing
tor in the absence of any determination by Congress- but
he must be chosen by the legislature to that they
limited. They may say where the legislature shall do it,
they may say when the legislature shall do it, but they
caunot that majority of the members OF legislature,
associated in convention, elect senator. The
Senate in this case determine that the members
the legislature of Iowa. assembled in convention
could elect SENATOR else they must refuse the
cupan his seat ground assumed by the honorable
ator from New York that is competent for the egsa
ture to do that have shown, think, by what have
already read that we concede the power the law
of Iowa has not been complied with The president of the
senate not there the speaker OF the house OF represent
atives there aud the law of Iowa says that being
there, he should preside There power therefore
to have any other presiding officer The law of Iowa
|
| presiding officer without authority have shown
that the law requires that each house shall have its Judge
of election there. The judge the of the
not there the record shows have shown tnat the law
OF Iowa requires that the proceedings of the convention
should be spread the journals OF the and house
OF representatives They spread the journal o
The senate and could not be, because there senate
/ there.
\ In all of which know anything-and certainly i,
is an Indispensable requisite of the constitution in my
udgmentneither house of the legislature adjourns
white they are sitting in joint convention; and submit
that If either house does adjourn beforehand, it
meet the other in joint conventon t be joint
convention, which Is the simple bringing together OF
i organized bodies and becomes convention
4 convention in the aggregate, composed Of individuals
and not of organized bodies Hence said, they
do adjourn but the senate being notified that the house
representatives s ready to receive them JOINT
proceed organized body the chamber of the house
OF representatives. and take their seats and until after
they have returned to the chsoer do they adjourn
Let that be pursued and the law Of Iowa be
complied with, because the senate returning to its
CHAMBER the proper clerk record the pro-
ceedngs which have ranspred the joint convention
then adjourn but without that they must rely upon
say, for they have officer who present in bis ocia
capacity in the joint convention authorized 10 keep record
and spread 1t their journal stranger could not do
that Ii must be done by officer of the the
Iowa adjourned it ceased to have the power go joint
convention.
4 In this connexon let state another proposition
which doubt not every senator will concede true
There was proceeding by the alleged joint convention
notify absenees. Who do that2 Who bring them
in Most clearly, when legislature Is in joint convention
according my view fa Ia absent it is compe
geantatarms of the bring senator in 1t
| would be If thew their chamber he