The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16
CONGRESSIONAL.
IOWA CONTESTED ELECTION -CONCLUsIoK OF
THE DEBATE.
Ia SstAfs, JAsuARY l2, 1857.

Is sstAff, JANUARY l2, 1851
MT FESSENDEN, Mr. President Il has been well
marked by the from louisiana who first addressed
the Senate, Mr. SLDKLL that this was in the of
Judicial question: and is perfectly proper for every
TOR who is to adudicats upon IL TO give his opinion am
actuaed smewhat by that view of the matter in address
pg The Senate at h late hour because have fixed opp
IONS on the subject which have ereraned from The be-
ginning and which have not been changed by any Of the
arguments that have been adduced by senatore
Senators who oppose the sitting member do not to
agree upon sDy uns ground upon which to oppose him
One senator places his opposition point and anoh
er upon another The honorable from Delaware
Mr. BAIARD or instance, thinks that election he
made lrgaly, 1t ascertained appears that mi
noriy OF the senate not quorum Of that body Is present
in convention The senator from Connecticut mr. ToU
cEY, thinks that even IT all the senators present
Ia convention with majority OF the house Of
ve If that convention Is holden at time when the
ATE not properly in session, day when it is no,
IN Session, the election made by such convention would
not be legal Oher found their opposi-
non upon the ground that the statute Of The State OF Iowa
has not been complied with In all particulars and they
hnk In all important particulars One result from this
diversity OF views must follow and that u.s. that IL The
ator now holding his place in this body from Iowa should
be rejected, the will form precedent 1t be
said mat in such the Senate has established any
principle Whatever, because has been affirmed by
majority OF the Senate settling the matter in dispute
On the contrary those who sustain the right of the sitting
member TO his seat place single ground which is
this that any election made by majority of the egsa-
nre OF the State in any constitutional form agreed 10 By
that legislature which has received its assent is legal
and valid and if the sitting member holds his seat he
win hold il on that broad principle
Now sir strikes me that it is important in all cases
OF this kind that principle should be established by
the decision we make because will form precedent for
other cases OF similar description when other arise
brief statement Of few leading principles in most OF
which, believe, all the senators agree but in of
which there may be difference of opinion will show
the Senate the position which take in relation to this
question. .r
will premise that listened to the honorable senator
from Louisiana, Mr. BEEJAMN, who has just addressed
the Cha with great interest throughout his argument
and with more particular interest throughout the first part
OF because he adopted the line which had marked
out for myself in looking at the subject and which had
placed among my memoranda and l supposed he must
come to the conclusion with myself listened
him, therefore, with some SURPRISE when found that from
the same data which had assumed for myself arguing
the same great leading principles he arrived at entirely
different conclusion and in which conclusion of his am
still not at all able to concur
Mr. President there few simple principles which
think govern the whole case and beg leave state them
because is necessary to the of argument which
have chosen adopt although they have been stated be-
fore In the first place. the question arises under two
clauses OF the constitution of the United Satescauses OF
the rst article in the third and fourth sections The third
section simply provides that be chosen
the legislature of the Sate and the fourth section
precisely the same language that "the times places and
manner OF holding elections for senators shall prescribed
In each State by the legislature thereof goes further
but reserves the power Congress alter the regular
tons The language is peculiar. In both it is "the
legislature but in the second clause it is provided that
the legislature shall prescribe he of holding cleo
tionsnot the of eeciing but the othold
lug Nat that meinI 1t means the mode
which they chose to agree upon the form of
the result IL may include the voting whether
or in any other way but it certainly includes the manner
of holding elections whether in one FORM distinctly by
each branch, IL there is than one n joint meeting
OF the two tits "the of holding The election"
Then comes another question, what is the legislature p
The constitution Gays the election shall be by the legisa
ure" What is beant by it? agree with what
ted Though not in the words by the honorable
tor from Louisiana, Mr. BEsJAMIs The legislature is
State That decides what is the legislature 1t may
sst OF body or of two bodies Of three bodies 1t
makes no difference how many after they decide what it
niuon is made in its constitution Each State decides for
itself The constitution of Iowa has made its legislature
to consist OF senate and house of representatives, to
be called the general notwithstanding of two
branches That is the legislature of Iowa.
Having ascerained what the Legislature is land it is
precisely the making prescribed by the const
tuition OF the Sate the next question which arises
that has also been considered by the honorable senator
has been once decided by this bodywhence is the power
of the legislature derived to elect senstor 1t is de-
rived from the State constitution which defines what the
legislature is but from the clauses OF the constitution of the
United States conerriDg it, In what capacity then, do
the members of the legislature the body stand In the
capacity OF mere agents of the constitution of the United
States for the accomplishment OF particular purpose
They derive their authority from the constitution Of the
United States they responsible to it far they
responsible at ALL They under no responsibility what
ever TO the constitution of the State the of
the State The State has no power the matter I'll
has completely and entirely exhausted all the power had
when 1t defined what the legislature should be. Having
fixed that power whatever remains in the State gov.
ernmen under the constitution laws to affect the ques
ton. Their power Is ended aud gone They have esab
ished Legislature defined what it s and then upon that
legislature the constitution OF the Uned States coners
certain power.
go further, and say that it is not in the power of
State by its constitution its laws, after having fixed
what the legislature s t. impose any restriction any m
taon OF any kind or description in relation to senatorial
elections upon the legislature which il has thus created
The state constitution constitutes the agent; but after il
has once constituted and appointed that It can Meth
Ell in any of its constitutional PROVISIONS by any pro-
vision OF its aw impose any limitation upon that agent
affect his power in any possible degree The power,
remarked before exhausted when it decreed who or
what the agent should be- or in what form the legislature
should be constituted
Then, Mr. President another point arises which wish
to state to the Senate distinctly 1t is this what partic-
uar legislature Is referred to when the constitution
that this power shall DO exercised by the Legislature of
State What legislature does it mean2 The constu-
ton Of the United States does define The language
is obvous is the legislature which is elect the
What legislature is .hat2 The legislature that is in
existence at the time the vacancy happens No other le
gisature has the slightest power it. agree with
the senator from Louisiana upon that subject No pre-
vious legislature is the agent previous legislature can
ture which is the agent make the election power is
conferred upon the specific legislature which in existence
at the time the power Is TO be executed Its members
the agents. They have the entire control of They may
exercise that power they please within constitutional
limits because being mere matter OF agency the legsla
ture OF the State at the time vacancy occurs being the
sole agent of the general government accomplish
tcuar purpose the previous legislature not being
agent exercise control it. Nor has the const
tuition of the State any control over it,
If these propositions correct then comes the ques
on in what character do members of such legislature
"a -. -