The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-10

complained of except that the Saturday morning
this election the senate would not march into the join
convention. Let me the law, which, think set
ties the question IL provides
"SEc. T. II neither of the candidates shall receive tn
may be tsken and 90 from tune 70 t@e, until so@e one
the candidates shall receive majority OF the votes oil th
members present.
SEo election shall not be completed the frs
meeting the president shall adjourn the convention when
ever and TO such time as msjoy OF the members thel
present shall determine and from time TO time, unit
said"
This act constituting these electors being members
the legislature convention TO perform this duty gav'
them authority preserve their organization long
quorum of the convention willing to discharge he
legal duty In consequence OF the nonappearanee OF tbs
complied with. That point however is made by the
protest OF the State senate The president of the senate
was not present and therefore he could not preside
| Mr.. BlGLER. wish to ask the senator question
For the purposes Of illustration, this is question that
all desire to understand nicely, let suggest wha
would have been the effect il the senate instead of ad
ourning had remained In session. and had not gone into
| conyenton2
Mr.. T0oMBs. My opinion is, that there would he no
| difficulty IN that case.
MIR. BIGLER There would have been no convention oi
the legislature if the had remained in session. and
had refused TO meet the house.
| Mr. TOOMBS There would have been in my Judgment,
convention OF the general assembly OF Iowa, who had
| right to electa senator
Mr. BIGLER The constitution says the election shall
| Mr. T00MBS Yes but this was a lawful convention
of both branches of the legislature long quorum
tended no matter where the minority This is
pete technical answer TO the technical objection and
solves itself into the objection taken by the senator
from South Carolina Gentlemen speak of the legislature
as if it were some unreal intangible thing say the legis
power mere was vested In the persons whom Inc peo-
of Iowa sent to their senate and house of representa-
yes They the persons to exercise the power of cleo
ion This power of eecng senators vested in the State
governments to be by their legislatures after
N
was OF the most difficult questions in the convention
which framed the federal constitution wreck
ing the convention and unquesonably adopted final
by them in opposition to their convictions solely from
cessy The majority of the convention opposed to
equal representation in the Senate and opposed to vest
ing this power in the State governments Under the old
confederation the State legislature whether consisting
one body two bodies elected the members of Congress
The smaller Staesbu less than majority Of the federal
conventondesired to preserve that feature in the
constitution; but they finally compromised by agreeing
an equality of representation here and by conceding to
the State authorities the right of choosing senatoH The
precise mode matter wholly mmateral to the
vention. Equality Of representation among the States in
both branches of Congress the great bone of conen
ton and even after the convention overrode the smaller
States they were compelled to recede because the
ment could not be made without acknowledging State
equality Then it provided that the senators should
be chosen by the State legislature The election of senator
was not an act to be done by law of the legislature
q1rDg the of the separate bodies Of which
it was composed, but it to be by the members of
the legislature in such manner as should be provided by
law.
The constitution gives the legislature the right to de-
clare what shall be the mode of election The legislature
by law of this State, has said that the members who
compose the two bodies called the general assembly of
Iowa. shall meet in joint convention and perform this duty
believe there but few States in the Upopper
haps not half dozenin which the Legislature such,
exercises this power. Take the of Virginia AL
though the two houses there do not into joint
uon the senate may be against particular individual by
majority of five but if the other house is for him by
majority of six he declared duly elected In this case
senator Is elected against the vothe will of one branch
OF the legislature He may be elected against the OF
every single SENATOR which conclusive in this State
that the of both branches the legislature Is
not necessary to the election of from Virginia
nor is the cuy removed by the plea that they agree to
be overrued their consent be essary under the
stitution. As separate branch they surrender
the rieh-rather ,be constitutional duly,
Mr. RIGLER Eow another point, il the senator peases
II understand him correctly, be argues tbat the
ZION having been regularly constituted originally the SEN
ate having convened with the house and constituted
veuon majority of the convention &C constituted could
continue liz nrces.ings from day TO day. although the
senate might meet in its Organized capacity,
Mr. TOOMBS Certainly do.
Mr.. BlGLER The position is that the house
or representatives being majority of The members of TIE
convention could control the coordinate branch of the
legislature to any extent and for any length time and
that although the senate which makes part Of the egs
ture might have convened and remained in session. and
proceeded with business the house Of
could go on and elect United States senator under
stand the senator to contend for this
Mr.. TOOMBS. Certainly do . |
Mr.. BIGLER There we differ .@ |.
Mr.. TOoMBS. Very we'll The senator has stated le-
gitimate corollary from my position, and do not ali
shrink from it. The members OF the senate have no more
power senator's than they wouli have they were mem
bers o. the other house The members Of the house Of rep
resentaves control the members of the senate to an
extent that the law of Iowa allows them to control them
Toe law of Iowa says that the members Of these bodies
shall do this duty and before stated when the senate
has agreed form the convention and the convention
has been formed the law gives it right to continue its
own exstence and though the senate may no more
or meet day. and may refuse Join the house
yet whenever the Joint convention constituted by the
law of Iowa it has the power of fpreser vaon When
the joint convention is constituted according to this law
the members of each house enrolled their names as members
OF the convention on list arranged alphabetically mixing
members of the house and members of the senate The
roll is called alphabetically roll of the members of the
joint conventions. E
Mr. BlGLER. Then one house may become a.he leQs- |
lature,' in the sense of the constitution?
. Mr. TooMBS No such consequence results. The cleo
ton OF senator is not legislative act
Mr. pudH. When they meet in joint convention they
are no longer senators and representatives.
Mr. TOOMBS. They are senators and representatives
duty imposed them by virtue of that ca
paoy, but II is not act of legislation AS before in
tmated there would be judges here try this case
the principle held the other side be carried to It's e
gtmae consequences because half the senators here do
and every one may sit in this body with the votes of
majority OF one branch of the legislature of his State
against him. say every senator may sit in this body
against majority Of branch Of the legislature but not
against majority of the whole number of electors If
there majority Of one branch against qualified person
Possibly this may be the case in the election of the senator
from Pennsylyania hmself know it is true of many
senators here There many where branch
the legisiaure did not assent to the election either by
resouon OF the body or by the act Of its individual
bers.
Mr.. BAYARD AI,n,~ - a. IL A.