Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-02-02

their Representative to drive him from hi.
seat; and shall proceed 10 show that, il
violating this fundamental principle o
constitutional law, the federal majority i,
the House have been guilty Of "a most wan
ton aggression and daring outrage.
All the provisions Of the constitutio,
touching the rights Of members to thei
seats, and limiting the power of the tw.
houses over them, are wisely framed will
a jealous regard to the security ofthe mos
invaluable prerogative enjoyed by free
men. Those provisions, too, are 70 plai,
and explicit az to admit Of no doubtful
construction. And before proceeding fur
Their, let US invite our readers to turn (,
that instrument and read it carefully from
beginning to end, ifthey choose, to sa,isf,
their own minds and see if we nisre pre-
sent any of its provisions.
In the first place, the sole power o
impeachment, which, if sustained agains
q member, would operate to his exclusio,
Of course, is given to the House of Repre-
'senta,ives; but the Senate is made the sol,
tribunal for trying the impeachment, ant
It IL declared that mo person shall b,
convicted without the concurrence Of tw,
thirds Of the members present." Sc,
Const., art. 4, sec. IS.
The further power is delegated to eacf
house, to "punish members for disorder,
behaviour, and with the concurrence O
two thirds, to expel member-Ar.. 4
sec. 10, const. This is the sum and sub
stance OF the power enjoyed BY the tive
houses over the right of members to seats
Search the constitution from beginning te
end, and you cannot find the first clause
to hang even forced construction upon,
empowering either house to declare a
members seat vacant.
But, let US pass on to those provisions
which Immediately affect the present case.
Our constitq tion, after giving each house
the power 'to judge Of the election, quail
i6cations and returns ofits own members, -
wisely reserves to the Executive the cole
power Of determining when members
seat becomes vacant, by requiring him, on
the happening of such contingency, to
provide for filling such vacancy by a spe-
cial election. The reason why this power
is withheld from either house sipgly. and
from both conformity, is very obvious and
forcible. Were that power
delegated to them, bare majority in eth
er house might, by declaring one mem.
ber's seat vacant, neutralize the power Of
The Genersl Assembly to accomplish its
legitimate objects, or even change the joint
majority Of both houses, 50 as 20 enable
he party before in the minority to carry
'ut their political schemes, whether for
he mere elevation Of men, or to affect the
measures of State and national
policy. In this way bare accidental ma
GRITTY Of ono in either branch, against a
wo-thirds majority opposed to their pecu-
lar schemes in the other branch, might 90
IN until they had excluded a sufficient
'umber OF the minority in their own house
o PROSTATE the popular will as truly rep
resented in the aggregate Of both houses.
But the browning evil of this doctrine is,
hat it would leave the people destitute Of
my remedy. As they could not even
'avs an opportunity of filling the vacancy
N season, it would most effectually dis
ranchise them during the current ses.
ion, A majority so reckless and unprin.
'ipled would never be at a loss for pre-
exits to justify the exercise of this pow
r; pure desire to purge the General
assembly gifts illegal MEMBERS" would be
heir specious pretence on all occasions.
Nr. kinsman's is case directly in point
md strikinsly illustrates the practical
orce Of this argument.
Again, neither house has tho power,
Tor even both combined, to provide for
illing vacancy, either by act or resolu.
ion. This power is vested in the Gov
'rnor alone, who is responsible for the
discharge of his duties and the exercise
# his powers under the constitution. That
instrument, in requiring Of him, "when
'acancies occur" to tissue writs of elec-
ion for filling such vacancies" clearly
that he alone must determine
when vacancy has occurred. Art. 4, sec.
ion IA. This is no forced construction
'fthe constitution. Its letter is plain and
EXPLICIT. No mist Of sophistry can be
brown around it to obscure its meaning.
Is it to be presumed that the con stitution
Intended to invest either house with
'arfaal power over such an important mat
or, while it with. holds the mnst material