The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-15
CONGRESSIONAL.
IOWA CONTESTED ELECTION oN-coNTINUATIoN OF
THE DEBATE.
In SENATE, JANUARY IA 1877

THE DEBATE.
In SENATE, JANUARY IL, 1857.
The Senate resumed the consideration OF the report of
the Committee on the Judiciary in relation TO the OF
Mr HARLAN concluding with resolution declaring the
seat vacant the pending question being on the amendment
offered by Mr. TooMBs strike all after the word Re
Sos0e and insert That JAMES HARLAN is entitled his
seat as a senator from Iowa.
Mr.. MALLORY. Mr.. President before giving my vote
upon the question before the Senate desire very briefly
TO place record the which induce it and in
doing So shall not be thrown aside from consideration
of the only point upon which think the question hinges
either by my fancy by the speeches TO which have
listened The question comes up for the first time in the
history OF our government and the Importance which
must attach 70 TIE action Of the Senate as precedent be
that action what it may, will ranly be enhanced by the
consideration that action will affect the seat any
other member in this body and by the further considera-
o that understood that the legislature of Iowa is so
constituted as to insure the return of the sitting
or OF come other gentleman of the political complex
ion If the action of the Senate shall be adverse to him.
have listened with profit (and confess have changed
my opinion since the argument commenced to the debates
sustaining the report of the majority Of the committed and
particularly to the argument made by the from
Delaware Mr. BAfARD, which think is unanswerable
confess was surprised to hear those arguments
terzed beneath the dignity of respectable sophstry
had obtained the floor when the honorable senator from
New Hampshire Mr. HALE took his the Other day as
endeavored to do, might have remarked that as those
arguments did not rise to the dignity of respectable sophs
try, he himself intended to supply that deficiency but
viii not say that now Hespoke of bodies POLITICAL bodies
social bodies philosoph u the constituent elements Of
bodies and the philosophical rule thr. body could
pe IA TWO places at one and the time. will not fol-
MS example but copne myself to the only point which
will govern my vote on the before u.s.
When we are to judge whether the sitting member is
entitled to his seat we must look to the authority which
sent him here The rule of the federal constitution Oh
that subject is our guide. II is that
The Senate Of the United States shall be composed of
thereof"
AS this is strictly legal argument do not intend to
be diverted from it. presume in using the word egs-
ature in this clause the federal constitution used it. it
is used in every other clause with reference distinct
organized political body exclusive of the unorganzed
members composing the body ITSELF presume it had no
other reference and deny that there any clause in the
constitution where it is used to which any other char
acter can be given
In the second section of the first article relating the
other house. the language is that
The electors in each State shall have the
requisite for electors OF the most branch of the
State legislature"
If the words most branch of the State egisa-
ture do not apply to organized political body to what
do they apply Would 1t not be absurdty speak of
the most branch of the legislature if that branch
referred to one more individually think the is
selfevidcnt.
In third section of the same article relating to
torial appointments is the clause;
vacancies happen, by resignation otherwise, during
the Of the legislature Of State the executive thereof
make temporary appointments until the next meeting
the legislature"
Can speak of the "recessn of individual? When
cease to consider organized legislature the members
must be spoken of individuals 1t is unmportant for
the purpose of my argument whether consider them as
individual or many
In the fourth section of article fourth the language is
" On application of the legislature of the executive
where the Legislature cannot be convened" &C.
If the word Legislature" here does not refer to an or
ganzed body can 1t be said that single member of the
legislature is to be convened might go on through
fifteen twenty instances in which the word oegs-
ature occurs in the federal constitution to show you that
in every instance it is used in sric subordnaton to
HALEs definition of legislature which the power that
makes the laws in conradstinciion from the members
composing the power that mskes the laws If this is the
legislature by the federal constitution what is the
legislature of Iowa which to have elected a senator
The constitution having said that the legislature must
elect him. what is the legislature of Iowa The constit-
ton of Iowa uses this language:
"The legislative authority of this State shall be vested in
senate and house OF which shn be desg
mated the general assembly of the State of Iowa."
Here, then Iowa has constituted that legislature (which
is to elect United States senator Of two houses
and house of representatives Was the sitting member
elected by the legislature thus composd2 When we look
at the proceedings presented to by the committee of
vesgaton, find that the two houses by concurrent
vote went into joint convention elect senator on the
18th OF December 1854. They maiden Intellectual attempt
to elect senator in joint convention and separated
meet again They met pursuant to adjournmen-had
eral meetings and several Intellectual ballots until they
finally adjourned to meet again at ten o'clock January
g. 1885 On this day the house of representatives did
in their hall. The senate that day did them
but adjourned their individual body to the fol-
lowing Monday. These the proceedings The
on then, consisting claim of the house representa-
tives alone, proceeded to elect senator.
In this election shall consider it. for the sake of the ar
gumen admitted fact that there one senator
present. but that the house Of representatives were alone
present; because it is to this legitimate logical conclusion
that the arguments in support of the minority report of
this committee at last 1t is frankly admitted by
the senator from Georgia that material the
election whether single senator present not
regard it, therefore, if senator present. and the
elect senator.
That being the case let put this position: if instead
of adourning the following Saturday the had
remained in their hail. and had progressed with the trans
action of their legitimate business in the passage of bills
sitting their hail. all of them being there passing bills
also in the convention eectng SENATOR and there
composed part of "the egsatureW Nay, to go further
will suppose that, instead of adjournng at ALL every
senator swept from existence by DEATH and If you
please that there such thing senate Of Iowa
they still existing, still present in the hall Of the
house of representatives electing senator of the United
States
But sir we are told also that the law of Iowa. under
which this election held called on the two houses to
into joint convention and once having assembled in
joint convention 1t in existence, and neither house
had right abrotae it until the business for which they
were called together completed. deny that the law
of Iowa, presented to has any such reading. do
not know that my view of has been presented and per-
haps ii may appear somewhat like special peading but
wherever the meeting of the joint convention is referred to
in that law say il is always referred meeting in
conformity with the first section In the third section the
provision is at any time prior to meeting in convention as
aforesaid that is, as provided in the first section The
sixth section says "When the convention shall be organ
lied qoresdd referring the first section which points
out il shall be organized by the two houses acting sep
srately and by concurrent vote The ninth section is