Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16
S P { E c II I


OF HON. THOMAS. III. BENTON. JR.,
Delivered n, the Senate. Jan. 18th ls4S, in
support of the Resolution reported by the'I
Committee appointed to take into consider
alton the rightof Hon. James Duvis, Sen
ator from Wappcl!o and Monroe, to a seat
in thai body .sa
Mr., PREsrpssT:-I do not consider 1t
necessary to make lengthy and labored.
argument on this subject, and it is not my
purpose to do SO. l shall not attempt, nor
DO conceive it in my power, TO follow the
Senator from Desmoiues (Mr. Browning)
in his circuitous and eophstical route. I
shall content myself with few remarks in
support of the report of che committee.
The first and second charges alleged
against the gentleman from Wappello,
(Dr. Davis as disqualifMng him for a seat
in this body. viz; that he has removed from
his district, and has been sppoin! United
States Deputy Surveyor, TO subaivlde six
Townships of the public lands, are admit
ed in the report Of the committee to be sob
stantiated by the testimony. And here l
would remark, that my worthy friend from
Louisa (Mr. Spripger) has had all his troub-
Ia without remuneration in that portion of
the minority report in which he has labored
so skilfully to show that the Senator whose
right to seat is questioned, had removed
from his district aud had been appointed
deputy surveyor. These facts, l say sir,
are admitted in the report. The question
the arises, in what way does this removal
from his district disqua'ify him for q
seat on this floor! The constitution, sir, is
plain on this subject. The 18th section of
the 4th article of that instrument provides
that ''no pereon shall be member Of the
House Of Representatives who shall not
have attained the age Of twensyone years,
be free white male citizen Of the United
States, and have been on inhabtant Of this
State or Territory one year next preceding
election, and at The time of HE electi m, have
Z i, actual residence of th:::y days in the
county or distsict he may be chosen to rep
recent" The 5th section of the same arti-
Gle, provides that Senators shall "possess
the qualifications of Representatives az to
residence and citizenship.' There is moth
! ing in either Of these provisions of the con-
stituton whereby it may even be inferred
that an individual IS required 10 continue
to reside in his county or district during
the entire period for which he is elected
On the contrary, should infer the very op-
poste of this. Why, then, gentlemen
ask, is this thirty days residence required
| lift is not 10 be continueds The reason,
sir, is obvious. 1t is to prevent demagogues
from palmng themselves off on the people,
with whom they ore not acquainted. But
after he has resided among them, and they
have chosen him as their representative,
and endorsed him as their public servant,
and issy arc satis6ed that he should remove
from the district in which he was elected
ard reside in another, the trainers Of the
constitution have wisely RETAINED from de-
priving them Of this right. This, sir, !
conceive to be the spirit ofthe constitution.
And it must be remembered, Mr.. President,
that the constitution in tins matter is our
guide. 1t defines the landma to which we
way 60, and beyond which we shall! no, go.
It's language is plain and explicit, and gen
tlemen mny draw what differences from It
they wish; but they can make it mean nntf-
ling more nor less. 1t is true, by system
of forced construction, it may be made tc
mean almost anything. But. sir, for one
arn not disposed to sanction this mode Of
constructions. 1t would be an act Of injns
tce to the gentleman whose seat is called
in question. ! donot consider it necessary
Mr.. Presidep,. to cite other authority &c
sustain this position; for, es l before re-
marked. the language of our own constitu
ton is so plain on this subject, that it can
not be misunderstood. The gentlemen ofthe
| opposition know that our law books are FIJI
of such authority. shall content myself
therefore, on this occasion. with reading
q few paragraphs from Storys comr,enta
ries on tie constitution Of the United States
to which my attention has been directed BY
the gentleman from Cedar Nit. Bissell.) Il
will be remembered that the requirement.
Of the constitution Of the United States
relative to members Of Congress, are similal
10 those of our own, relative to members Of
the general assembly. That instrumen,
requires OF a representative. that he shall
",uhen elected, be an inhabitant Of the State
in which he shall be chosen In reference
to this clauee, Judge Story remarks:
..Thirdly, in regard to ;nbabitancy., II
| is required that the representative shall
When elected, be an nhabitant Of the State
! in which he shall; be chosen. The object 81
| this clause, doubtless, WINS to secure an Ut.
tachment to, and just representation of
| councils 1t YVES supposed that an iuhabi.
tant would feel deeper concern; and pos.
4 sess more enlightened view Of the various
L
stranger. And at all events, he would
generally possess more entirely their sym.
pathy and confidence. Its observable that
the inhabitancy required. is within the
State, md not within any particular dis
trict of the State in which the member is
chosen. In England, in former times, i,
was required that all the members Of the
/. House of Commons should b. inhabitants 81
the place for which they were chosen. But
this was for long time toholy dis,egarded
III practice, and was ut length repealed by
the statute Of IA Geo. 3, ch.5S. This CIR.
cun,sfuace is NOT a litilr remarkable in par.
liamcnfary listory; and III establishes, IN q
reyy striking manner, ho.o lille more theo.
~ can be regarded in nsdfters Of gooern
ment. 1t was found by experience, thai
boroughs and cities are often better repre-
4 sented BY men Of eminence and known pa
ltriotisrn, who were strangers TO them, thar
~. nr,n