Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16

A0W - ~ ~ - ~ I0LS1S .Eas.S tsf
former, sir, SO far as the gentlemen whose
right to seat is questioned, as l have al
ready shown, has been settled. The latter
we are now investigating. The question.
then is, has he done anything to disqualityl
him as a member of the General Assembly,
A good deal has been said, Mr.. President,
about decid,. :.sss q member sect uacaaa.--
Now, sir, contend that it is not in our
power to vacate members seat, either by
majority or two thirds vote. He may
commit On act by which he himself vncates
it; it is only for us to determine, in the first
place, whether he is guilty Of the charge
allcdged against him, and in the second
place, whether he vscates his seat by hav-
ing committed the offence charged. If 60,
then the question as to his right to seat
here is settled.
.f!r. Broaoning that the hon
orable gentleman MIR. Dnvis) had been con-
victcd of stealing horse would be have a |
seat in this body then2''
dir. Benton-The case presented by the
Senator from Desmoines (Mr. Browning) lie
is not parallel 10 the one now before us.-I
The gentleman is here claiming his seat as
q member. He is charged with an offence
which we conceive does not interfere with
his rights as such. But will answer the
gentleman promptly. If the Senator who
is now arraigned before Us, had been conyic
ted Of horse stealing, unless the commission
Of this crime would Of itselfvacase Iris seat
| he would still be a member, and we have
but one way pointed out in the Constitution
to ge: rid of him, and that ia by expulsion.
1t is true, the Constitution gives US the
power to judge of the qualifications of.our
own members; but, judging Of their qual;i-
cation is one thing, and inficting penali-
ty is another. The 10th section gives US
the power TO "punish members for disorder
ly behavior" and this is the extent of our
power by a majority vote. If we go beyond
this, it requires a vote Of t,oo thirds. If
member is convicted Of an offence against
the laws of the country, wo are not to act
from mere rumor rim judging him. The facts
must be laid before us, and if the offence,
committed is such as to render him unwor-
thy OF a cent here, then we may expel him.
And it is unwarrantabla for a moment to en-
terrain the belief that any Legislative body.
selected by an intelligent people, would he
, state promptly to do so. But this must be
done in accordance with law and evidence.
The evidence before us shows conclusively
that the gentleman charged, has done moth
ing since the adjournment last winter to i'm
pair his rights as member of this body
We may declare his seat vacant, and by
brute force put him out of this chamber, but
unless he has done something by virtue of
which his seat necessarily becomes vacant,
or is expelled according to law and evidence,
he is nevertheless to all intents and purpos :
es G member of this body
The 1Cd secfiOn If ho ConeS;>,%;oo how
ing reference only to Offices "under this
!! State, which shall have been created, - &c.
during the term for which q member has
been elected, has nothing to do with the
case now before US, and l therefore deem (
unnecessary to so y any 1ning relative to it.
but the last charge ageins: the honorable
gentleman Or. Davis is, that he has re-
s'gned his seat. =; most % % ttne testimony
before US, we trace letter of resignation to
the Senator fromsJ ackson (Mr. Bradley y
But that gentleman's own testimony settles
t the question. He informs US that the Sen.
, ator from Wopello gave him the letter ir
June last, addressed to His Excellency, the
Governor, remarking, as he thinks, that i,
. was his resignation, with instructions TO de-
! liver it to the Governor when he (Dr. Da
: vis) should advise him so to do.
> Mr.. Bro,oning-Such is not the testimo
: ny of the Senator from Jackson. The gen
tlemsn from Wappello gave him no such in
struction.
= .Hr. Bradiey-Such was Intended to b,
. be my testimony, if it is not SO recorded
E These acere the instructions given ME bj
g g the gentleman from Wappello, and dc
. signed so state in my evidence.
: Mr.. Bcmou--I say, Mr.. President. TIM
S the authority to deliver this communicate.
: to the Governor, not having been subse
if quently given by the Senator from Wappel
e 10, to the gentleman frpm Jackson (Mr
s Bradley, it was withheld, and is still in hi
, INF. Bradley's) possession-showing mos
j. clearly, that the resignation condiiionall
e made, has not taken effect, the condition
t agreed upon by the parties by which it shoul
q take effect, not having been complied with
j. But, sir, in support Of the position assuln
= ed in former part of this discussion, if
o had taken effect, ask if he would loose al
If seat by virtue of u vote of this body decar
is ing it vacant! Moat assuredly not. TIL
r gentleman's o,on act would have settled tn
J. question of his right to eeat here.
l. But, sir, am not disposed to trespas
is further on the time Of the Senate. lreall
thought, when this investigation was com
- menced that it was mere sham, but us gen
n tlemen have assured me that they are sin
n cere, am willing to grant that they are
O The Constitution is SO clear that ] canno
J. see how they have been able to present t
/. their own minds even plausible cause. ]
+, is not for US to say how that instrumen
It might read, nor how it ought 10 read, but t
i determine how it does read, and to be. COY
i. erned in our acts accordingly The lang
r uoge Of the Report is explicit and will sho,
+, for itself. The positions assumed init, a.
It clear and incontrovertabfe.
l. AN ABSTRACT u II
: Ofthe returns Of The Census Of t4is Stale 70