Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-08

Ills seat become vacant from tIlat faCt!"-
| will answer his interogatory by citing
the case of Senator Niles Of Connecticut,
The question was agitated in the United
States Senate, and although the fact of his
insanity would net admit of doubt, and
although they had a maniac raving in their
midst, upon a thorough and searching ex-
animation ofthe constitution and oiconsti-
tutional law, the Senate were ,te the opin-
ion that, unpleasant as itSar slsGr them to
hold council with mailman, yet from the
fact of his having been eligible al the time
OF his election TO be returned as a Senator,
there VAS no authority vested in them to
deprive him ofthe rights & privileges with
which his constituents had clothed him.
Still, | must say, sir, have no doubt that
the decision Of the United States Senate
will sink into insignifcance, when com
pared with the opinion Of the learned, in
tellectual and we'll irtentioned majority of
this House.
1t is set forth in the preamble sir that
as another reason, why the seat Of the
gentleman from Jasper, should beleclared
vacant, that he had resigaed!' Nov, if such
is the fact this preamble is trle, shall
vote TO declare the seat vacant. But, I'M
til have heard other evidence than has
been presented to this house-until have
seen the record Of his resignation, or until
! hear the gentleman himselftell his house
that he no longer claims the right to
represent his constituents, or see him re-
fuse to further exercise that right until
then, sir, shall vote TO retain him in his
seat. | am not urged to occupy this po-
sition from motives of policy or expedi-
ency. But, sir, acting from the prompt
ings ofan independent spirit, with reason
for my monitor, justice for my cause, s. the
law, that has stood the test Of centuries,
for my shield, l would vinl;cate the rights
of oppressed virtue ard worth, ere they
embodied in political friend or enemy;
and were the agsressor my own brother,
the condemnation would be no less Sc
we're. have acted in this matter, sir,
sincerely, and l trust consistently. Had
| been slave TO party, and determined
tha, the member from Jasper should re-
tain his seat at all hazards, right or
wrong, should have voted differently
when this question was first sgitated.-
My vote was cast in opposition to every
other member of my political party upon
this floor, upon ttTv RESIDUE. ...s'to raise The
investigating committee. They voted a
gainst it, because they were convinced
that it was an illegal interference upon the
part Of the house. voted for it, because
! wished to have the facts, i eng there lGerc,
Presented to the House, that l might judge
understandingly upon the right OF the
house to interfere, and the right Of the
gentleman TO retain his seat.
The evidence is now in the possession
Of the house, and, as in all cases, each one
has a right to scan and sift that evidence.
and not only to determine from outward
appearances, of the genu;n,ness Of that
evidence-but we can also lake into con-
sideration the circumstances ander which
il was obtained, as well as The character
OF the witness.
1t may be well, before commenting up
on tie testimony, to show what evidence
is necessary to establish tn. fact of re-
signa,ion. II is well established rule of
law, that the evidence to coplrovert fact,
must be of as high character as the evil
dence which establishes that fact; and
where fac. appears o: record, the same
cannot be denied or disProved by oral
testimony. This is not rule TO meet
particular cases, but It is gsueral rule,
and TO show its application 10 this case, |
will read from vi Bac. Abr, p. 44:--.
"Whenever an officer commitsa forfeiture,
he cannot be said to be regularly discharg
ed without writ Of discharge; for, his
right appearing Of record, he sanse must
be deteatsd by cuidence Of as high 'aat,sre.'
Now, sir, do not mean to be under
stood as contendirg that writ Of discharge
is necessary in this case; but the above
authority conclusi,ely shows this fact
that to defeat the right of the gentleman
from Jasper to his seat, 'euilence Of as
high a nature" as the record which recog-
nizes his right to retain and to occupy it,
must be brought in here before he can be
ousted. But, we are told by these wise
acres--these expounders of constitutional
law-that heaysay evidence. even, is suf-
ficent for their purpose!-by the second
and third editions are the better for the
revision it has undergone in competent
and skilfM hands!--that willing and vol
untary witnesses, who are pregnant with
honesty and truth, whose capacious minds
are surcharged with favorable and humane
impressions, (" whose high sense of honor
would restrain them from an infringement
of the rights and privileges Of a free peo-
pie, and whose nsagnanimous souls would
revolt at any thing base or grovelling, and
restrain them from any perversion Of the
truth for political effect! This, sir, IS their
doctrine. Witnesses, or rather witness,
to whom is conceded these noble traits of
character could not fail Of producing Won
derful effects and daring achievements,
with willing and well drilled force for
his allies, whose minds and actions yield to
his will as the shrivellsd reed bends to the
storm.
Now, sir, I will read the evidence.
Elish Cutler, jr., Secretary of State, tes-
titles that she has never received any in
formation, officially or otherwise, Of Mr..
Kinsman's resignation. Geo. S. Hamp-