The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-13


Iowa had adjourned on Monday what ntermedate
control had the Over the members or that BODY
None whatever They could control the action OF meI
bsr of that body and this shows that there can be
no compliance with the constitution of the United STATES
except when the Legislature meets in JOINT convention COM
posed of the organized bodies T wnich that legislature
consists !, 80,
There ara many other views Mr. President, which iay
be submitted on this case AS said before however,
did not rise TO present any elaborate view OF D out SIM
ply n eotnexon with the arguments whch nad hereto
fore been submitted and such might hereafter be pre-
seuted, submit certain propositions either OF |hon
seemed to be entirely unEnsweraoe " we noio W
compliance with constitution Of the United States my
conclusion H. that the adjournment OF the senate
the time to which the ,ont convention had adlourneu
perfectly fatal this election Because the senate tnerey
placed Il Of its power meet as All orgsnled oody III
Joint envenon at the time fixed and is only ae an or
panized body that tie constitution Of the United States
permits il act at all in the election OF senator
know il Is conended that this eonventon bspg once
prcpery orxanzed IL became independent body With
the po TO pssetee iise without any ur'her action o.
either house separately. T5 Ms mind that proposition
would lead utter subversoa OF tno requirements of
the Constitution of the Uaited States 1t is said IN ths
The law Of Iowa requires that the election snail
be made during the entire session OF The legisatue out "
this proposition sound IL would be competent for the
law of Iowa to take away that limitation and then the
gument would have its full scopetba the convention be-
ing properly organized It has the power 10
its existence as Independent body indefinitely; ana
then ask whether it could be ca.ea Hu election by
legislatue2 Much nconvenence would arise Go ~i De
obsioas 70 every gentemau from maintaining the rum OF
/
body prevent EtIorrnmenti IL can
fix the of adjournment and II the house OF represent
in this had decided to adjourn the convention
bey ond the final day of The adjournment OF the legislature
could they have done il? That would have been be-
you'd the law of Iowa. and would have put II out OF their
power 10 hold election at all because the law OF Iowa
limits the authority 10 elect to the entire session OF the e
eislaure This convention, howeysrj rs have said hav.
ing power adjourn, could adjourn to day beyond
The session and then take it. nobody would contend
that al election of senator could be held So the power OF
this convention to adjourn, which, as remarked in the
outset only element Of confusion ID this case when
properly considered, Is wise power authorizing these
| bodies to consult the convenience of legislation They
may adjourn the convention go back TO their respective
houses 20 on with legislation do their duty to the State
| of Iowa. and neither house can prevent the other.
Let me putan instance and cell the attention of SEN
ators it, Suppose house withdaws from h's con
venton entirely after it is organized and before an ad-
journment If the house of representatives whdraws there
is quorum left and there be nothing done; but II
the senate wthdraws entirely there is majority still re-
naming and the election could be made not by the egs-
ature but by house Of representatives alone aud the
OF snators here goes TO show that that would
bs q constitutional election though every senator had
wthdra~n .tcmthe eonyentionl NY IS agalns'
it and while deprecats az strongly as any can
faction inSany such instance yet ny Hpnien Of state
rights this let the States take Of the tactoniet
| III member Of legislature sees such a condition OF
things as his Judgment makes 1t his duty to his State
to break up an election let him take the responsibility,
and go TO hts constituents for justification or condem-
nation. The moment the Senate of the United States
shall undertake to act upon this argument OF policy,
they will find themselves invading the rights OF the States
| 20 a very serious extent had occasion to say Mr.
President in an argument respect to seat clamed
BY former colleague IMr Phepsj Of yours Mr. FooT in
the chair what think is true that the constitution OF
the United States does not MAKE Il ncnmhent on us to
take measures perpetuatng this body If STATE sees
M to pursue course which deprves her of representation
in whole part in this body it is her right She takes
the responsibility ard the consequences Besides, 1t is
fuleattempt if the Senate of The United States enter upon
it. You have coercve power the whole general govern
ment of the United States without coercive to COM
pei the States TO send any representatives to either house
"a ,atrin and fhn edo ,nf thp
people you address yourselves to perpeuae this
government. There, In my iudgmentand say il, GER
tainy with all respect to the opinions other senators
we should rest it, Our simple inquiry should be- has the
constitution of the United States been fairly complied with
in the election it has been the applicant is entitled to
his seat il it has not been the responsibility is with the
! State.
Let us look at the Immediate Consequence. If reject
an applicant the State may Immediately hold new cleo
/ ton 1t may be that 1t would not IN some instances
choose the applicant In this case am happy to believe
they would SO that no injury be done by action
1t may be- however, that 1T would not eaoSse him but u
so the effect of rejecting hm is simply to produce lie de-
! lay of short time There is the power OF the governor
to assemble the legislature Of the State at all times in or
der hold elections But if make mistake in seek
ing take of the interests of the States of this
Union and preserve majority in this body, is mis-
take which places Of the power of the State reach
the incumbent under six years. if he lives long Hence
in that doubtula that after fairly
sdering should call doubtful should against the
incumbent rather than take the hazard of voting
individual for six years who might be disasteu the
State which he claimed 10 represent In this case con-
ess entertain doubt in any point of view, whether
1 considered compliance with the constitution of the
United States or compliance with The law of Iowa itself
4 have said enough present the Senate the
4 which will control my vote That is all desired to do
/ Mr.. BROWN Mr.. President have prepared speech
this OCCASION and gentlemen who desire to address the
Senate may be assured that they will have opportunity
OF doing in few moments But differ somewhat from
my friend from Michigan who has just concluded his agu
ment and while do not intend to him in detail
Il think it due myself that should briefly assign the
h.oa
is among the gratifying of the thai
there to be total absence of all party feeling
nected with it. am glad of that because should at al
times feel constrained to act my Judgment and
should regret if found myself thrown in conflict
constitutional question, with my party friends party
Now as understand this proceeding the two houses
constituting legislature OF Iowa assembled in joint
venon for the purpose Of elecng senator in obedience
to the requirements of the constitution They did by
joint resolution. 1t solemn act performed the
side and responded the other The first question
which Itself mind s this: when the jon
convention is formed by what of proceeding is it t.
be broken up? Can be by the accidental absence
majority of those who the members OF one house,
can il be done by the facous absenteesm OF majority
the members of one house2 If the meeting in joint
vtnop be solemn act OF legislation which requires the
of both houses must not be sci aside by
act equally solemn take it that II majority of the
senate OF Iowa having agreed to go into this election a
erwards changed their minds it incumbent them
in form officially to have Informed the other house
that change Of purpose This hold could done
in the presence OF the joint convention by any member
withdraw body and if majority of the hat
thus determined to withdraw in the presence of the hous
of representatives, IL would have been official notic
that the joint convention at end after having