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


present and assisting We have the substance of the cleo
ton.
win illustrate my meaning Here to-day an election
for member Of the other house. and certain individuals
named judges of the election The electors assemble
the proper place. at the proper time and they are all
ready to vote and three called magistrates obsti
naey and subborny refuse TO receive any cannot
the people organizes elect their own judges and cast their
yotes Are they to be at the mercy OF men, whether
you call them magistrates judges or teers not
Il possible defeat the will of the constituents Of the other
house by the conduct of few designated beforehand
judges We must look through the forms OF things 70
the substance. In sitting contested elections, must
have the substance OF an election Did the parties author
lied to vote voter Did they come as the law it
was possible for them to Gomez
am bound to say that looking at the whole Of this
case see nothing in it but this there election
those who entitled TO vote did vote many OF them
as chose Mr. HARLAN had clear majority of the legal
votes and attempt madeand it succeeded so far
as some matters of form and direction concernedan
attempt made by those opposed to him in political
opinion prevent the majority from dischargng their
duty under the constitution and law and the senator
from Georgia has well said have simply to PROFOUND to
my self other question. Will adopt in the decision
of this case the principle that that shall be done which
ought to be done that shall have power accomplish
what the law declares to be its object that shall en-
deavor look the substance of the thing rather than at
the mere form shall say that the object of the law is
to many vacant seats in the senate any other
legislative body possible and allow minority 10 defeat
the lawto beray their own public trust merely for the
sake of partisan ADVANTAGE That question have but
one way to think the sitting member is entitled
| to his seat ard ! shall so vote
l
mttee concurrng in the majority report propose to sub
nit in few words the reasons which my opinion is
founded promising that if could have brought myself to
conclusion favorable 10 the right Of the sitting member
under the constitution felt very much inclined to do So
because that he was the choice OF majority OF those
who were ut the time authorized TO give the votes But
found upon an examination of the constitution, that
could reconcile myself TO the validity of that election
and felt bound TO concur with the majority in making
this report
The authority of the legislature of Iowa is derived from
the constitution Of the United States and whatever body
of it is that that constitution appoints to make the
election of for the State of Iowa cannot be affect
ed by any local legislation The language of the constitu-
ton is
"The Senate Of the United States shall be composed of
two from each State chosen by the legislature
thereof for six years..
The language u.s. chosen by the legislature That form
of expression occurs think fifteen twenty times in the
consttuton-perhap not SO many "f vacancies happen
by resignation otherwise during the of the legs
aure Of any State the executive thereof may make tempo
rary appointments "The times, places and Of
holding elections for senators and representatives shall be
prescribed in each State by the Legislature thereof" The
legislature of the United Statesthat is Congresssha
have power ato exercise exclusive legislation
oyer all places purchased by the consent of the legislature
of the State in which the shall be- for the erection of
forts &c "Each State shall appoint in such manner as
the legislature thereof may direct number Of electors Of
President and Vice President" "No State shall be
formed erected within the jurisdiction OF any other
State any State be formed by the junction OF two
more % q ss wSoa W SS % Of ts
Congress" and In one of these clauses is the
erm he legislature understood to be the persons who
the members of the respective houses constituting that
body.
Now what is there TO suppose that the
ton meant anything else in the employment Of this term
in this clause Of this constitution than what was intended
other clausethat is that body having the legislative
power Of howmanysoever branches it was composed II
composed of branch, that one branch night choose
the senator If there two three more never
could be the choice of the legislature of that State unless
concurrent action in some form of those sew
era branches.
But it within the competency of the legislature OF
Iowa. under the fourth section of the first article of the
constitution to dispose of this election to vest it any
where but in the legislature The place exclusively
within the control of the State but the time and manner
Of holding elections within the power of Congress
Precisely the measure of power is given to the Con
grss Of the United States that subject to the State
legislatures If it be competent for the State legislatures
arrange the election to confer it branch
u tirely it Is competent for Congress also to do it. If the
State of Iowa resolve Its legislature into mass con
in which either branch is to be exngushed Their
is competent for Congress also to legslae to the
extent and far from the opposition to this report being
vindcation OF State rights It exposes the power Of tht
% would be alarming
The honorable senator from Georgia supposes that thu
power of the senate of Iowa to prevent an election under thu
statute Of that State is evil which ought to demand
us the construction for which he contends But Mr. Pres
;dent WI, he observed that in the argument which HI
has presented here he maintains M mouse Oh repre-
sentaes may be guilty of the same aetious conduct ano
defeat election His proposition is that the c0nstitu
ton MEANS that tho Legislature of Iowa are at liberty
to interpret 1T as to mea convention OF all the e
bers both houses and that majority is necessary FOL
the purpose Of constituting that convention II the house
of the 9th of January 1855 had aa
journed and gone away there could have been no cleo
tion but the senate having adjourned and gone away
they makes difference because that the convention
when organized is and continues to be the Legislature
Of the State of Iowa. within the meaning OF the constitu
ton of the United States until this election is accomplish
ed. All this argument is predicated upon the inconve
nence the evil consequences OF leaving State unrep
resented by the facous conduct of one branch OF thu
legislature The thing may by refusal origi
naly to 60 into joint session 1t may occur as have al
ready stated in the of house OF representatives find
ing any majority they may have overpowered by the vote
e of the senate refusing to go into election Here VIZ
have state of things the construction given by the
senator from Georgia. by which the house of representa-
ives swallows up the senate in the Stale legislatures
obtains an absolute control them under consitu
8 ton which holds them to be equal
&, If had the Interpretation of this constitution, should
hold that required the concurrent action OF every branch
of the Legislature in order to effect the appointment OF
senator. @a
e Mr. DURKEE Including the governor of aStato2
Mr. GEYER No, sir. In no State that know OF is tht
al governor branch OF the legislature. He has the veto
nj power lie is branch Of the Legislature than the
President is branch of Congress- which is the Legislature
Of the Union. think, if heard the reading from Kent
Commentaries that that is the opinion entertained by
! Chancellor Kent but practice has grown up, which ha
received the sanction of the Senate of bringing together IL
> what is called convention the two houses, where thu
legislature is constituted of two branches for the appoint
of SENATOR and in instances 1t has happened
that senator has been chosen who did not receive the ma
oty OF the Of each house But then that s perfect
y reconclable with the idea which entertain of this pro
vision Of the constitution; it is convention of the two
houses and not convention of the members of one or two
houses They together and when they vote together