Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-15

edheart. ask gentlemen calmly and dis
passionately to weight this evidence ant
say, ifby voting this gentleman out Of TIL,
house upon such testimony as this, they car
discharge The obligations they owe to Their
country and their God. They may graft
fy the wild ambition of phrenziae part
zans; but they will not satisfy the homes
wishes of a republican people. They ma,
evade the Investigations Of an enquirine
public but their intentions will be seru.
tinized and faihomed by that Jehovah, in
whose name they have sworn to supper,
this constitutions! And i warn gentlemen
lest they should be betrayet. into false po-
si'ions, to reflect upon That oath! Why
has this investigation been delayed until
this time? Now that matters of great
and weishty import are about beingagi.
tated, thisquestion is pushed upon latter
having been allowed TO slumber fer three
weeks. Let that gentleman beware how
he casts his vote upon this question. After
having had an opportunity 10 redeem high
er and more sacred obligations wien he
votes to deprive Iowa of her voice in the
Natl Councils, by casting his vote for this
resolutlon;yea, sir, that man who has said,
"that if, by any vote, directly or Indirect
~, shall defeat the election Of United
States Senators, that vote will fasien upon
my soul deep and damning perjury"
Let that man, say again, beware lest
he should be persuaded by fair pro.
misses, or earnes, er,treaties. Certain par
tizans, may exonera.e him; but let him
put this question 10 himself; will the
Almighty hold me gnilless?
1t is strange, sir, that in the course of a
few short months, SO many gentlemen, with
perfect harmony and unapimity, should
change their views upon the character OF
evidence, or the kind ofeyiience necessary
to establish particular fact. see, by
the journal of the last session, that the
same gentleman who reported this resolu.
ton, and who has supported it with SO
msch Zeal, was the chairman Of the com.
mittee who reported in the case Of the con-
tested seat of the member from Monroe,
(Mr. Anderson, wing J To ascertain the
views the gentleman then entertained, l
will read from that report:
"Your committee would submit wheth-
er the above testimony is sufficient to dis
franchise one whom the people, in their
sovereign capacity, have chosen to repre-
sent them? One of the fundamental and
thoroughly established rules of law. appli-
cable TO all our rights and TO all questions
affecting them, is, that the very best evil
dence of which tho nature Of the case will
admit, must be required, or some excuse
shown for its absence, before evidence of
secondary nature will be admitted. Is
the testimony Of a that 3 holds certain
Office, the best evidenc? IF B were indict
ell for breach Of his oath Of office, would
this testimony Of A be submitted TO dis
franchise B., to take from him his citizen
ship forever? Property Of he value of a
few dollars could not be litigated in our
courts upon such testimony as the above;
much less should 1t control questions Of such
magnitude" ... sa .
This doctrine is now repudiated by this
same gentleman, and every wing upon
this floor comedies with him. And what
is the reason? The gentleman from Mon
roe is a whig, and the condemnation Jas
per is democrat! This is federal phi.
losophy and law. In matters Of mechani-
cal skill | might,perhaps, be constrainedto
consider the gentleman's opinion; but up
on legal neutrality-suspicious. oflaw--I must,
With due respect 10 the gentleman, beg
leate TO give Mr.. S:ory's and other emf
nent jurists' opinions the preference. All
that can reasonably he expected by the
minority is, that the majority in this House,
in xetiag upon this question, will act con-
sisiently. But when presidents tina, have
been established by themselves shall be
lest sight of,and studionsly avoided when
laws that have been laid down fer our gov
erament in similar cases have been abro-
gated-and wnen wanton disposition is
evinced to trample down all opposition to
their unjust and'iniquitons designs, then,
sir. it is time to be "exasperateh;" then is
the proper time to give vent to indignant
feelings. l see the minds Of gentlemen
depicted in their countenances, their pro-
tsstations of fidelity to the constitution, 10
the contrary notwithstanding. Sorrow
may cloud their brows, but the smile of
triumph, fostered by the consciousness of
strength, plays around their lips. Thus
it is that ,..... ...... ...-..I ....... ..
sTheir looks are SAD, but their hearts arc bright,
For Williams laugh when wrong oppresse'h right"
Some gentlemen, | observed, when ref
erenee was made by me to he fact of this
case having been prejudged, appeared TO
stare about this hall with an incredulous
air. One would think by their looks tha.
the accusation was an horrible one; and
that the accaser Justly meri,ed the ceen-
sure Of this body. But, sir, as horrible as
it is, it is no less true, and ANN prepar.
ed to introduce to this house paper that
this accusation. I will read
from the Dubuque Tribune Of Jan. 18th;
in its leading article is The following par
agraph: "Kinsman, Loco. member of the
House, it has been decided, is not entitled to
his seat" 1t needs no argument to sup
port this accusations; it has been published
in the wing papers of the State four days
ago; and as ct, this question has not been
decided by this House. Then, let me ask
by whom has it sheen decided that Kin,-
man il not entitled to his seat?n The an