Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16
DUBUQUE, low, J FEBRUARY Is, 1s4s.

J .aIs HI w l&e II ELDE1U 4
And to this very hour, some of the proud |
est names in English history, as patriots
and statesmen, have been the representa-
tives of obscure, and, if one may say, Of ig-
noble boroughs. i, #
An attempt was made in the convention
to Introduce qualification ofone gears res
idence before the election; but it failed, I
four States voting in favor of it, six against /
il, and one being divided. The omission to |
provide that subsequent non-resdence
shall be vacation of the seat, may in some |
measure defeat the policy of the original
limitation. Forit has happened, in more ,
than enc instance, that a MEMBER, after
his election, has removed to another Stale,
and thus ceased to have that intimate inter-
course with, and dependence npon his con-
stituents, upon which somuch value has
been placed in all discussions on this sub
iect." "z~
This authority, Mr.. President, suppose
will not be questioned by any gentleman ON
this floor The conclusion Of the learned
iurist, is, that mere theory is net to be re-
lied on in matters of government. And what
is this forced construction given by gentle
men here, that member forfeits his seat by
removing from his district, but mere theory
ofiheir oson contraction2 1T is not found in
the constitution, but is an,ttactu,'ed here for
this particular; occasion. 1t is an ca pos. fucto
amendment oftheir oacn make TO the consti-
tuition, to suit this case. 1t was necessary
that the Senator from Weppello CDR. Davis)
be disposed Of, and if it cannot be done by
the constitution and laws, theory must &C.
campiish the work. And this doctrine, sir ;,
they will find, is also repudiated by the
learned Commentator to whom l have just
referred. He says, cit would seem but
fair reasoning upon the plainest principles
of interpretation, that when the constitution
established certain qualifications, US neces-
sary for office, inseant to exclude al others: as
prerequisites. From the very nature of
such provision, the affirmation Of these
qualifications would seem to imply mega
tire of all Others" He says fuither, "a
power to add nes0 qualifications is certainly
equivalent to a power to cary them. 1t
adds to the aggregate. what changes the
nature of the former requisites" ask
sir, what are these requisites prescribed in
our constitution :! Thut member shall re-
side in his district during the term for
which he was elected! No sir. But the
language is, that he shall "a. the time of
his election, have on actual residence OF
thirty days in the county or district lie may
be chosen to represent" If, then, we add
to this, that he shall maintain his residence
during the entire term for which he WAS
elected, VIC do it in violation Of the rule
taid down by Judge Story, and we virtual
ly amend the constitution by our own act.
His language is plain on this point. ut
would SEEM" he says, "but fair reasoning
upon the plainest principles of interpreta.
ton, that when the constitution established
cirtain qualifications, necessary for office, il
meant to crcIade oil others as prerequi.
SITES" Win gentlemen pretend to deny
thstthe additional requisite for which they
are contending is not virtually excluded By
the constitution itself, under this rule!
But he says further, tuu5 "a power to aaa
new qualifications, is certainly equivalent
to power to cary than:.'' wa any gen
tleman contend, sir, that we have the pow
er to change the provisions ofthe cons:itu
ton! presume not. If, then, we canno
vary them, it fellows that we cannot add t.
them. For the learned commentator as
sures us that if we possess the latter pow
or, we also possess the former. This, Mr.
this system of forced construction, advoca
ted by our opponents, would lead. Estab
fish this doctrine. sir,--once pass the con
fines ofthe constitution, and we are ahoa
upon the fathomless ocean Of theory and I'm
certainty. He informs us, further, that thu
constitution Of the United States does no
provide "tbat q subsequent non-residenc
shall be a vacation of the sent" And i
the constitution Of the United States doe
, not make this provision, neither does tit
constitution of Iowa make it. For, us be
!. fore observed, their respective provision
on this subject ure strikingly similar. He re
marks again; when speaking Of members G
Congress, that 1T has happened, ii, MOI.
Than one instance th0t a member after hi
election, has removed TO another. State.
!. This language. sir, is emphatic, and is sus
ceptab.e Of but one interpretation II
does not say that u person claiming sea
in the councils Of the nation, but that {"
member" with his rights ae such unin,
:, paired subsequent, as well as prior to his re
moyal, after his election had removed t
/ another State &c. IF, then, member {
{ Congress can romove from the State be
: chosen to represent, without any infer
j ence with his rights as such, think it ir
D eral assembly Of Iowa can remove from hi
: district, and still retain his seat.
: pass now, sir, to the second charge
! that the Senator from Wnppelo has bee
e appointed Deputy Surveyor, or in cthe
i words, has received contract Of suryeyin
!. since the adjournment Of the General A
selnbly last winter. This the report al
:. mits. And am even willing to 60 farther
j. and to udm.t, for the sake ofargument, ths
y he has been appointed 10 an office-n lucra
t tive office, if you pleaee--such as is cor
s templated in the 22d section of the 4th al
!, ticle ofthe Constitution. And ask, sill
r how would this impair bis claim to sea
f in this body! Would it eisqualify him, q
, ls argued in the minority report! Certain
!, ~ not. This provision Ct the Conetitutio
Ills not applicable to his case, 1t reads q
9 follows. No person holding any lucrativ
office under :he United States, or this State
: