The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-01-23

commissioners were illegally appointed.
He contended that the commissioners
were not officers. But as he dwelt more
at large on this point in the desultory de-
bate which took place on the succeeding
day, we shall cur,ail these notations, and
here present our readers with what he
said on that occasion.
Mr.. H. asked the indulgence Of the
House to introduce some authority to set.
tie the question about the legality of the
proceedings of the commissioners at
Iowa city. He said what had just fallen
from the gentleman from Des Moines.
(Lefler) he was happy to learn that the
gentleman relied wholly upon the illegal
itv of the location of the seat of govern
ment, and the incapability Of the commits
sioners to exercise the important duties
devolving upon them.
/ Mr.. H. then admitted, for the sake Of
argument, that the acting commissioner
is an officer and could not hold the place
he then occupied under the organic law
of this Territory. Does it for this reason
follow that his acts are void! The inter.
est of the pubic, who alone were con-
cerned in their proceedings, could not be
preiudiced because there is some mistake
in the appointment of these commission
ers. Mr.. H. then read several decisions
from the ".4merican Common LaeO,'
vol. 7, showing that the acts Of judges
who were appointed by the wrong author.
: ity, and that even the acts Of minor who
had commission for an Office, so far as
the public or third persons were concern
ed, were valid and binding; and that the
proceedings of all persons, so far as thirt
persons are concerned who have the mere
color of an office, were unimpeachable fo
the invalidity of their appointments.
The commissioners at Iowa city, hav.
been appointed by an act of the Legisla
4 tive Assembly, and the public, who arr
1 alone interested in their acts, must sup
e pose them qualified as such until they
8 have been been displaced by regular lie
gal proceedings. The gentleman's argu
: ment upon which he says he aohol!y re
e lies. con.radcts the decisions of the high
e est judicial tribunals of our country; AM
+ if the gentleman is right, the solemn de
$ cisions of the Supreme Courts. of nearl,
y every state in the union, must fall to tn
i ground.
e The advocates Of this bill would hav
u displayed the purity of their motives e
II which they so loudly boast to far NOR
d advantage, if they had reso'ted to the pre-
e per tribunal to try the legality Of the pre-
r ceedings at Iowa city, instead Of introdue
st ing bill into this House whose feature
i are so pernicious and ruinous to the cha,
!. acter and best interests of this Territory
n The illegality of the appoi tment of thre
q commissioners has been rung through tn
& land ever since the location was made
d But why, sir, have not the proper prt
re ceadings been ms ituted in our courts I
e carry the unfounded threats of the en-,
y mics of this location into effect?
NJ Remarks Of Mr.. Langworthy.
s. Mr. SpEAKER:-I do not rise to perp
r trate speech, but Indignantly to hurl bac
to upon the heads of its authors the foul a
,e PERSONS against the character and int!
- riy of the delegation from the north. De-
y reca,ing as do any sectional prejudice
a l was surprised and shocked to hear sue
IF. expressions as fell upon my ear yesterda.
mt The gentleman from Des Moines, hi
US attempted (perhaps though,lessly) 10 ca
ID fire brand among US, which soon, vel
soon, would fan itself into fame not
be quenched for years. He has by h
We master powers of defamation attempted
n excite the worst feelings of one porto
n Of the people against the olher-the sou,
=, against the north; and in this do IL
y, know how far he has succeeded. He h
10 not created in my mind sensation
I'M jealousy against any part of our territor
en- or the members here who represent al
II portion of our population. ask what
the implication OF such language as W
y used by the gentleman from Des Moline
Fat yesterday? know of no atnhatloc
e- combination. What does the gentlem
ey mean by this expression? If his idea
be that the northern delegation have TO u
~ ~ his own words used undue means to
II fluence members on this floor to vote
% the present location Of the seat Of Cover
no ment. say he mus. be mistaken. B
the object is more easily understood;
!. wishes in this way to deter that po ii
. of the southern delegation from honest
W. voting for Iowa City, which they belle
MS to be the proper place for the seat Of &c
We eminent, and who have scruples agar
~. forfeiting the faith of the Territory, viii
is nledged Id make that place the perms