The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-16

You conhne the power Of electpg 10 them, and no
body else than members Of the legislature. They arc
the parties perform the duty. Iowa has perfect right
until Congress acts 10 prescribe the mode IN which her
State senators and representatives shall cast their votes as
she peases IL ought 10 be fixed not 40 the senator from
Maine says by the particular legislature which elects
there nothing in the constitution like that Power Is
given to he Congress- and in exactly the same words to
"the legslature-any legislature which may be lawfully
constituted under the constitution OF Iowa. There 10
feet and absolute power this subject in the legislatures
10 the States until Congress When Congress chooses
il define how those persons whose duty II is under the
constitution elect shall do The State sgis
atures exercise the right IL be done by major
or by plurality or In any way SO tnat all the elect
allowed to vote and none are deprived of their
right
These are my opinions do not argue whether they
right wrong but think they logical from the
premises have set out with, and ready to vote to
sustain them
Mr. HOUSTON. 1t is not my intention to make speech.
know that this Is not the time for that will make but
single remark II seems from the facts disclosed in this
case that the authorities OF Iowa have recognised this
transaction as fair constitutional and legal judge elect
ed under precisely the circumstances these under
which the sitting member chosen, is presiding
judge the supreme bench of that State and therefore
practical construction is given to the act OF that egsa
ture and convention, far as the State ID affected
Now question arises whether the Senate OF the United
States has right interfere with the government OF that
Ste2 The election of senator was an act OF sovereign
ty her part which pertains to her SUCH Can II be
revised by the Senate Has the Senate OF the United
States the right revise the sovereign acts Of Iowa.
far they have ct the sanction Of that State II the
the place. is the Senate of the United States the
appropriate umpire decide which party right which
is wrong. shall vote in favor of the sitting member, be-
evng that he has been duly and consiutonay elected
recognised by his Sate and that the application TO the
of the United States and the passage OF these reso-
utions by the of Iowa. is rather evidence OF dis
satisfaction the part Of the professionals than an evil
denee that wrong has been done they claimed They
have askedthey have implored for no remedy-bu they
have made complaint which its face seems to be cap
ous when acquainted with all the circumstances
that accompanied their conduct in relation to that election
have done, sir.
Mr. BUTLER called for the yeas and nays and they were
ordered.
The question being taken by yeas and nays on the
of Mr. TooMBs strike out all after the word
"esolredD and insert "That JAMES HARLAN is entitled to
his from Iowa. resulted ls, nays
27-a5 follows:
Brown, Coaner, Durkee, Fessenden, Fish, Foot Foster
Hale Houston, Pugh Seward, Slide, Toombs, Trumbul
Wade, and wison-is
NAYS-Messrs Allen, Bayard, Benjamin, Biggs Bgler,
Butler, Cass Clay, Comegys CrttendsD, Dodge, Evans,
Fitzpatrick Geyer Hunter Jones of Iowa, Mallory,
Mason Pratt Reid. Rusk Sebastian Stuart Touoey Well
Ter, and Wrght-27
So the amendment was rejected.
The original resolution was modified 80 as TO read:
Resolved That JAMES HARLAs is entitled to his seat
rs senator from Iowa.
Mr.. SEWARD l shall be obliged to ask for the yeas
and nays on that question
The yeas and nays ordered and being taken,
suted-yeas %, nays ls--as follows:
YEAS-Messrs. Allen, Bayard Benjamin. Biggs, Biger,
Butler Cai Clay Gnssys ori.'endsn PGags Mao
~, Mason Pearce Pratt Reid Rusk Sebastian Stuart,
Toucey. Weller, and Wright-2s;
NAYS-Messrs Bell of New Hampshire, Bell OF Tonnes
see Brown, Coamer Durkee, Fessenden Fish, Foot Fos-
ter Hale Houston Pugh Seward Sldel, Toombs, Trum-
bull, Wade, and Wilson'S.
| So the resolution was agreed to-