Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1847-12-08
A BAD CAUSE IN BAD HANDS.

We find in the last Hawk-Esye an ar
tlcle under the caption Of "Extra Ses-
sion," which we conclude is reply to
one Of ours, published some weeks since.
Our neighbor thinks it will be bad policy
Ia the Governorto call an extra session.
Could the Governor be assured, that this
opinion was not dictated from an interest
ed personal, or political motive, he might
very properly review the ground upon
which he founded determination to call
the Legislature together; but after can
did review Of allthe circumstances which
surround the great man and his contem-
porary at Burlington, we are led to be-
.lieve that his Excellency, will fully ap-
preciate the motive which dictates their
opposition.
Much is SAID In this article abou, the
cases of Davis, Kinsman, and Matson-all
Of which, put together, we think, fails to
make out respectable case. These three
cases we have already fully, and we trust,
satisfactorily noticed, and therefore shall
leave them as record Of the past. But
one thing, which he notices in some
what serious mood, we cannot but advert
to. He denies the eligibility Of Baker,
and Whitaker, to seats in the Senate, on
the ground that the former has been
elected Prosecuting Attorney, and the
latter appointed to an office under the
U. S. Treasury Department, and quotes
as his authority the 22d section of the
ith Article of the Constitution of this
State. These offices have been confer.
red upon these two gentlemen since their
election to the Legislature, if conferred
ut all. Let US see what the constitution
says upon this subject. The 22d section
of the 4th article reads as follows: -"No
person holding any lucrative office under
the United States, or this State, or any
other power, shall be eligible to the &C.
neral Assembly: Provided, that the Off
ces in the Militia, to which there is attach
ed no annual salary, or the Office of Jus
slce of the Peace, or Postmasters, whose
compensation does not exceed one hun
dred dollars per apnum, shall not be
deemed lucrative"
This section refers especially 10 the
validity of elections, and not to the quail
flcalions Of representatives; for it desig-
mates the particular man who shall be
eligible to an election to the Legislature.
Had Messrs. Baker and Whitaker held
these Offices at the time of their election
to the General Assembly, it is matter Of
grave doubt, whether it would have dis
qualified them for an election, even should
we ADM. their cases, TO come within the
meaning Of that portion Of the above SEC
ton, which refers TO lucrative Offices
But they did not hold any Office, Of any
desert ption, at the time Of their election
to the General Assembly, so that this Sec
ton does not reach them. 1t provides
for those who were in the en-
joyment of Lucrative" Offices, attic time
of the general election, and not for those
who might be invested with office subse
4uen. to their election, and during the
term for which they were elected. Bu,
if, according 10 the above section, any
person could reasonably doubt the pro-
prie,y Of their retaining their seats, as
members Of the General Assembly, we
have only to refer to the 2lst section Of
The same article, to convince them oftheir
error, and despel all doubt upon the sub
ect. 1t reads thus:-"No Senator or
Representative shall, during Ike time for
which he shall have been elected, be ap-
pointed to any civil Office Of profit under
his State, which shall have been created.
Or the emouments of which shall have
been increased, during such term, exec pt
such Offices as may be filled by elections
by the people," So far as Senator Baker
; concerned, this section places him be-
vond the reach of the Hawk Eye, or his
:o-workers. And SO far as Senator VIII |
aker is concerned it leaves the Hawk
Eye, to perform the very arduous and
unpleasant, duty. Of proving that the Office
IF Commissioner for locating the Univer
'ity lands, has bean created since the
election Of our present General Assem-
bly,. =---.---, >sa> a.. Arz..-....-. ....~.,
RAIL ROAD OpENlNG.-The Rail Road
rom Boston to Lebanon, N. Hampshire,
vas opened for travel short time since