The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-14
CONGRESSIONAL.
IOWA CONTESTED ELEoTIoN-c0NTINUAT OF
THE DEBATE.
In SENATE, JANUARY 9, 1857.


THE DEBATE.
In SENATE JANUARY Q, 1851.
Mr. HALE. Mr. President, the which is presented
for the consideration of the Senate singular
one. The claimant 10 this here at the COM
mencemen OF The first session of the present Congress-
session which spread itself out eight months
and sat undsurbed except by the presentation of
from the of Iowa He sat through the second
sion of the Congress undsturbed; and now when
this Congress is expiring at its closing days in its
presented. do not know why it has been suffered to
sumber long, if the honorable claimant intruder
Mr.. TOUCEY. Will the honorable senator allow me to
put inquiry to him
Mr.. HALE. Certainly.
Mr.. TOUCEY Is he not aware that this inquiry was
moved by the senator from Iowa Mr.. HARLAN hmsef2
Mr. HARLAN. II twas brought up by my colleague, Mr.
JoSEs.]
has just stated was going to say that did know
why, the honorable claimant here was mere intruder
this matter had been suffered slumber long, and
brought up just do not WISH however to pursue
that inquiry because not pertinent 10 the decision to
be made by the Senate but claim the privilege
Of Yankee think could give tolerably good guess.
Mr.. BUTLER. hope the senator from New Hampshire
will allow chairman of the Committee the Judici
ary to nterpose remark this point AT the begin
ming It was thought by many that the Committee the
Judiciary its notion ought to take cognizance of
this subject and at one time the point was discussed in the
commtee but the colleague Of the sitting member did
not urge and the sitting member did not ask inquiry
cnOOSo
Mr.. HALE My remark had reference to the Commit
tee the Judiciary. l leave that matter. Sir have
always found it the best when have had to deal with
question either before court OF jury to endeayor to sep
arate what is admitted or clearly proved from what not
admitted is denied; and think we might to
conclusion more easily if we adopted that in the
present instance
hardly know, sir, how to argue this question with
every desire to be courteous and kind and respectful
every gentleman who has spoken speak Of the
gumens which have been used as they have addressed
a m m ind. To nv m nd has IN
argument adduced against the right of the claimant
seat this floor from the State Of Iowa which the
dignity OF respectable sophsy That is the way 1t strikes
In the first place. it is not disputed think that the
Hon. JAMES HARLAN, who is here claiming seat has every
qualification which the United States constitution re-
ques Ordinarily that has been considered enough to
estop inquiry believe il is the opinion to-day OF
majority Of the Senae-I certain that have the high
sanction of the opinion of the honorable President of the
Senate for the positionthat State by its constitution
its legislation has right to ax any qualifications
senator beyond those which required by the consu
ton of the United States 1t is disputed that Mr. HAIR
LAM must speak Of him citizen for it is question
whether he is seDa tor nohss all the requisites pre-
scrbed by the constitution Of the United States that he
thirty years of age that he has been nine years citizen
Of the United States and that when he was elected he was
an inhabitant of the State Of Iowa.
Besides possessing these qualifications be comes here
Of the Of Iowa. sealed with the great s seal Of bis
State certifying that The general assembly Of this
State the 9Th day Of January 1885, have in pursuance
U
JAMES HARLAN to represent this State in the Sem
Of the United States That suppose is about good
evidence any OF US has to The which occupy
this floor. All the requisites of the constitution Of the
United States possessed and the governor ceres that
the general assembly, in pursuance OF the constitution,
have elected the incumbent There nobody here
test it. Nobody here claims that he is usurping
which belongs another Nobody from the State Iowa.
through whom the State has right sp ak is here
find fault On econtrary the governor the executive officer
through whom the State usually speaks is satisfied and
You have 1t in evidence that the Judiciary Of the State
Iowa. another department of government is perfectly sas
fed OF the supreme judiciary, consisting Of three judges
Of them haye written opinions which have been pro-
duced before the Senate that the election is valid and
another holds his seat and is performing the duties and
dscharRng the functions Of Judge under an election that
place with precisely these sanctions Thus you have
the Judiciary and the executive Of the State conent and
the legislature gre content for YOU have bad complaint
when he elected from the subsequent legislature
Iowa has manifested content in every way in which State
has right to express its content through its executive
its Judiciary, and its legislative department
There 10 contestant here All the requisites of the
constitution complied with. Yet it s said we must
turn him out because he is not senator think when
look at these broad features the points which have
mentioned are not in dispute; nobody cavls about them
nobody denies them Ws have the solemn evidences
from his State and have evidence before ps in reference
the constitution of the United States that all is we'll
and yet he is 70 be turned Why2 think if there is
senator this floor entitled above 2 others to seat 1t
is the senator from Iowa and will tell you why Be-
cause ne was eecteu W the legislature OF MS state IN pur
suance Of the provisions Of catute Of his State
framed with singular wisdom obvate the very proceed
ings by which " is now endeavored to onst him.
Iowa ought to have good constitution for she is one Of
the last States and had the benefit OF the experience OF all
the other States The wise and the good men who nhab
that State that the trainers of constitutions in other
States had anticipated all the difficulties which might
occurhat sometimes faction lit Is no original word of
mine; it has been applied here frequently might gain
moentary ascendency in the other branch of the
legislature and defeat the purpose for which they
n n ator. and
the State of Iowa. to obyate that prevent it. has said
that when the convention does together il shall be
like the tie which binds and his wife, irrevocabe
and party cannot step out and it will be longer
bound.
mr. BRowN in his construction of helaw Of Iowa. though
is not necessary for this 20 into that do
believe was competent for either branch of that egsa
ture after they had been once fused and merged into
other body TO their separate condition. This eat
ute of the State of Iowa is not merely permssve it does
If the election shall not be completed at the first meeting
the president shall adjourn the convention He has
discretion about the shall do It. The convention shall
adjourn The contingency Of senator of the United States
being elected is not to depend on the will OF one branch
but the president shall adjourn the convention, and the
only choice left the convention and the only discre
ton which they giv>, is simply to declare the time
70 which the convention shall adjourn. The place is
xed by law the duty of the president h4ed ny law,
and all that left for the convention is simply to state the
time
The convention met the difficulty which the legislature
meant to obviae occurred and the necessity and wisdom
this law vndicated by the OF those very
circumstances which have been brought TO the attention
the Senate by which attempt made TO defea tine
expressed will of that State There has been good deal
said about the constituency of this joint assembly, and
what branch and the other might do Sir there was
no house of and there senate to