The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-15

trolling the action of the legislature Of ls542 Law
solemn expression Of legislative will BY its very nature,
1t emanaes from SUPERIOR and is addressed 10 the infe
rior II commands IL ordansi or II prohibits Fer the
urpose OF doing any of these acts IL must emanate
ou e powe, superior that 10 which il is addressed
What right hen had the Legislature of ls47 to lay down
the law and give orders to the legislature oil lso4I Was
il superior? Not So sir for the legislature OF 1894 IL TO
this extent its superior that had the rsht TO overthrow
all that it had done and say that JUS the reverse
be the law that which the legislature OF is4
should be the law We might well say that peeause tne
House OF REPRESENTATIVES the United States has power
pass rules tor its government the House OF
tves In existence declare what shall De tne rules
of that house for al! time to come.
When the constitution Of the United States vested IN the
State legislature the right of choosing SENATOR ana the
right of hsng the time and place and manner OF hold
ing the election, Il created jurisdiction winch bad ex
elusive authority the whole subjectmatcr and that
jurisdiction is the legislature not Of to-day nor OF yester
day. nor Of tomorrow but 1t the ior tne me
being which elects the SENATOR and is for that reason
that with the greatest Difference to the Judgment OF the
honorable senator from llineis Mr. DoUaLAs] cannot
with ls argument far it Is based on the dis
regad Of this law By the legislature Of 1854 look
that law nothing than agreement between the
houses OF the iowa legislature in the s4 for the
establishment of joint rule just the two bodies Of this
Congress made joint rules for regulating the manner
which they will discharge the functions in which the
ton of both is required But suppose at any enc moment
either body declines to act in conformity with the joint
rules will legislation passed in open violation of them
thereby be the less valid ii the two bodies OF the egs-
ature of Iowa in 1854 had chosen by joint resolution to-
each house. and would then order those ballots thus deo
tied in separate boxes be counted together it would
have been in direct violation of every provision OF the law
of IS47 and yet who will stand up and declare that e-
gislatve election in that mode would be invalid? The
Senate and Hodss Of Representatives Of the United States
have certain powers to exercise in common ~ their duty
exercise those powers may be that one or the other
will be derelict in its duty. Charges were made at the
last session in relation of the bodies of Congress
that it was derelc 10 its duty in relation to the passage q
inference thence be drawn that those who were present.
and ready to perform their duty could act in the absence
ef the derect body?
entie.sen te us heresnd it is really seriously urged
as an argument or The attention Of the Senaehat this
cs facous action the part OF majority OF the sem
ate Of Iowa Sir i does not become me Say
in any other gentleman to qualify in sucn terms tne con
duct Of State legislature, howetsr much 70 MN " may
deserve This will say whel- mctious
or not whether the senate of the State of Iowa was guilty
of breach of promise towards the house OF ref eAa
tves not whether it guilty Of breach oi or
the that the senate OF the State OF lc@ re-
fused to elect senator of the United States that after
had given its consent to the house OF 10
join 1t in conFcnton to elect SENATOR It Withdrew lhat
withdrew it in as formal man.
ner as can conceive possible for legislature or corpo
rate body to withdraw its consent.
The senator from Mississippi who first addressed the sen
ate EMr BRowN appears to have fallen into very
strange contradiction In his positions he agrees that
the of the State Of Iowa had passed resolution on
the Saturday morning which met thatit would no 20
into convention with the house. and had sent notice TO nas
effect to the house there could have been
no conventioE and election. That he admits ana YET
the record h in the face that on the morning OF
the day on which the senate was to have joined the house
in junt convenen it did pass resolution that wouid
do mofe business until Monday, for 1t adjourned from
the moment of its meeting Saturday morning untli
Monday morning and the senator who now holds his seat
elected during the adjournment OF an enure u
the legislature and yet we are told he was elected Dy
legsatnreF p =, g-
MIR. BROWN. The senator will allow ms to ask him q
question: Was that proceeding notified to the house OF
resentatives--fermally notified mean
Several SENAToRS Yes. -
Mr. BENJAMIN Gentlemen around me say it was It
really seemed be matter Of such perfect indifference
that did not look at it.
Mr.. DOUGLAS. can answer the question. The jour
nal shows that when the house sent committee to the
senate to wat them that committee reported TO the
house that they had gone to the senate chamber ana the
senate had adjourned to Monday and hence there was no
Mr., BROWN That does not meet my point Ny point
was that if the senate chose to break up the joint con-
veuon they could do it by passing resolution to that
effect and formally notifying their action to the house,
and not that adjournment ever beyond tne Gay
when the Joint convention to assemble that rae, Deng
acerained by committee not connected WIN e SCH
ate at all would be sufficient. ~.
Mr. BENJAMIN think that If the senator rom mis-
sisspp whose mind is DO acu and 50 logical VIII renec1
on his propositions he will see that y Is Impossible there
be the difference which he supp5ss between the TWO
If the senate bad sent notice to to mouse tpa,
would not meet the house, he admits the eechcr Wouu e
invalid but because it refused to meet the house. a uiu
send notice. he says the election is valid The sena'or
will perceive at that the entire and sole question before
this the constituent authority which elected tne
senator applying for his seat competent TO elect nim
If branch Of the legislature be absent either with OF
without notice TO the other branch the fact OF the commu
ncaon of the notice would not change the constitution OF
the body II the senate of the State OF Iowa
that they would form part Of that body which was 10
elect SENATOR and yet failed to notify the house OF that de
termination it not the less part OF the pod Io IL
took part in the election There can be no uHerence
in the principle of the The sole question being
the constituent power of the electoral body il that electoral
body deficient by the voluntary aud determinae ac-
on of the senate deciding that it would not be present a
the election the fact that it failed to communicate s re-
suit cannot change the constitution Of the eecting body
Mr.. Blu TIER think 1t better to let my friends argu-
ment have the full weight which will derive from state
ment Of the facts As understand the house of represen
taves of Iowa met at nine o'clock The senate met at its
usual hour which ten o'clock and after the house had
been in session and attending to its usual business sent
the ordinary message which had been sent TO the senate be-
forean INSTRUMENTATION asking them to into this
convention. When the committee arrived time had
passed away. The senate at ten o'clock shortly after
ten o'clock concluded to adjourn till Monday but not az
understand with purpose of terminating all efforts to con-
duct this election. think there Ia mistake about that
On Monday they would have determined whether they
would have gone into election not and they had that
right.
which the senator from South Carolina has suggested in
further to the remarks of my friend from Mssssp
pi He is right when he says that the convention, if
legally constituted the day prior to that act which it
made this election having adjourned to the day which
II made the election still convention Of the two
bodies and therefore mboded the legislature of the Sate
but does friend that he does not get to the
point Of the difficulty Take his suggestion as to
the action of this body He says that agree to adjourn
until tomorrow, and IL tomorrow morning we come here
but three or four members, still the Senate tho
United States He is right That is not the question We