Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-07-11

is conferred upon delegate 20 form oeate
Constitution! That trust is conferred by
authority Of law passed bya legislature
which had its being and derived all it's pow.
ers from the organic law OF which the above
is an extract That convention is to form
constitution which is to control the action
Of future legislatures. and to regulate The
administration Of the laws. 1t has all the
incidental powers of a legislature and can
fix the amount Of pay for its own members.
True it is, the constitution when prePar-
ed and agreed upon is to be submitted to
and passed upon by the people, but that
fact derogates nothing from the response
bility or character OF the Office of Delegate.
The constitution could have been present
Fed to Congress for approval without being
submitted 10 the people at all. That sub.
mission was an act not OF necessity, but OF
prudence on the part Of the Legislature that
directs ed the convention to assemble. Eve
nv law might be submitted to the people be-
fore it took effect, fit was thought proper
but such submission would make the body
that enacted it, none the less legislature.
Suppose the last legislature had passed an
act allowing every county to ordain ano
establish certain municipal regulations for
county government, or had authorized the
u
for that purpose. Will any one pretend
that member of the legislature would be
eligible to that Office? sIf not eligible.
| out between the case put and the case in
controversy.
know precedent is urged as an argu
ment, but imagine no precedent can be
shown that is in point. l have examined
have net been able to find a single case,
or. PRECEDENT Of any kind going to sustain
the position Of those who claim the eligi
blity of ex-members. In the States where
Constitutions have been remodeed, the
i qualifications of both electors and delegates
have been fixed by State Laws. II could
be done there, because their power is not
circumscribed. Here, we can't transcend
our charter. ! know Chancellor Kent
Judge Spencer and other distinguished iu
dicial and legislative officers held seats in
the Convention of New York. So too in
Virginia, Maryland and other States. Blu,
/ in every case lapprehend it will be found
LIST, that there was nothing disqualifying
them, and Sd, thpt the law under which
the Conventions were held, did expressly
qualify them. In New York the law wen
so far even, as to allow members to b
elected from counties in which they neve
resided. Mr. Van Buren, resided in Colum
bia county, and was delegate from thu
distant county Of Otsego.
In none Of the old acts Of Congress Great
ing Territorial Governments that Ghav
examined, have found a clause like tn
Sth Section of our Organic Act.
In those Territories, therefore, an ex
member was ellie ible, and no argumen
|. can be deduced from them against the pc
sition l take, and l will state most fear
lessly that can find no argument, no pre-
icedent, any where against It.
Ihave no disposition to say any th:nni
more on this subject. have though
proper to call the attention OF the publ
; to it, and .sthey think with me, that tn
holding Of seat by member OF the legls
lature, would be fragrant violation
. law, have no doubt they will show .
, proper and corresponding action. l vii
say further, that | have not written Thu
+ from any bad feeling towards the gentleme
nominated For them personally, entei
tain proper respect. have no Prlvat
! malice, or, party ambition to crafty In
party, of which am proud to be member
has two ofits Representatives laborln
J under the same disabilities. Perhaps the
might stand an equal chance with Mess'
Letter s. Wright for both nomination an
, election. But | shall use every cxertlo
to defeat their nomination. | desire
see the laws supreme over all party an
e personal feelings. A WHIu.
| fuIv t0ih ISl4.