Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-09

Had the Constitution declared that the
holding of an Office of this kind should be q
disqualification to holding that of Senator,
the case would have been very different
from that presented. 1t merely renders him
ineligible; that is to say, incapable of being
elected; it does not follow that any circum-
stance which would have rendered his cleo.
ton Invalid, will. if happening subsequent
ly, work disqualification. The Constitu-
ton does not say so, neither does common
sense. Ineligibility is one thing, disqualifi-
cation another. Suppose that which rem
dered person ineligible at the time of his
election was removed before he claimed his
eeat; would he DO thereby qualified to take
and retain his seat in the Senate?
| If the gentleman whose case we are now
considering had held lucrative office ut
the time Of his election. but had resigned
afterwards, would he have been received as
member of this body' By no meane! He
would have been ineligible. The election
would have been nullity, which nothing
but another election could have remcdied.
Ifthe subsequent removal Of disqualify-
ing circumstance will not do away with the
incligibility contemplated by the Constitu-
ton. it's subsequent occurrence cannot cFe-
ate that ine!igibility. The 22d section has,
IN fact, reference only to the time Of the e.
lection; TO: what takes place afterwards, 9TH
er provisions were made. If he subsequent
~ received IN appoint ment to all office
which he has aided to create, the appoint
ment is nugatory, whether made while he
was member, or at any time subsequent
| during the term for which he was elected.
If his conduct is such as to disqualfy him
from remaining member of the General
Assembly, he may be expelled.
But your Committee find no authority in
the Constitution, for declaring seat vacant
! after it has once been filled, and rightfully
filled by it's incumbent.
The Constitution makes each house the
proper body to Judge of the qualifications,
election, and return Of ito members. All
these matters have been once passed upon
in the case Of Mr.. Baker, and he admitted
| to his seat. The adoption by this body of
the resolution referred to this Committee,
would be violation of the Constitution,
unauthorized by any law whatever, and en-
tirely without precedent in the proceed
ings Of legislative bodies. The seat of q
member who possesses the necessary quail
fications at the time Of his election. can,
during the term for which he may have been
elected, become vacant only by death, re-
signatiou, or expulsion. These are the on
ly contingencies under which seat can be
declared vacant. That Mr.. Baker was duly
elected a member of this body, is fully shown
by the proceedings of the last session. when
the committee on the credentials Of mem.
bers reported him duly elected, and that he
was thus duly elected, is not denied by any
one. 1t is not ctntended that he is dead,
resigned, or has been expelled, or that any
reason for his expulsion exists. Legislative
bodies have sometimes declared seats va
cant when they have aecertained that there
was no fair or legal election by the people,
or where the person receiving the greatest
number ct votes was not at the time eligible
to the office; but never, so far as your Com.
mittee has been able to ascertain, have they
done so wheie there has been an election
and no death, resignation or expulsion
There is no authority to exclude Mr.. Baker
now, except by expulsion by two-thirds of
the members Of Ihis body. Had he commit
ted q crime, however henious, this would
have been the only remedy.
Will the vote of mere majority be suffi-
cient to expel a member for having been g.
lected Prosecuting Attorney, while it would
have required a vote Of two-thirds to have
expelled him for the commission of felony
No provision is made in the Constitution for
declaring seat vacant in either case.
Your Committee are therefore of the opin-
ion that Mr.. Baker is fully entitled to con-