Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16


And to this very hour, some of the proud
est names in English history, as patriots
and statesmen, have been the represents.
tives of obscure, aud, if one may say, of ig-
noble boroughs. -g
An attempt was made in the convention
to introduce a qualification ofone gears res
idence before the election; but it failed,
four States voting in favor oft, 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 al! discussions on this cub
iect.'' ~ s.
This authority, Mr.. President. / suppose
will not be questioned by any gentleman on
this floor. The conclusion of the learned
jurist, is, that mere theory is nc: to be re-
lied on in matters of government. And what
is this forced construction given by gentle
men here, that member forfets his seat by
removing from his district, but mere theory
ofihei,' oion contraction? 1t is not found in
the constitution, but is manufactured here for
This particu Tar occasion. 1t an er posi- facto
amendment oftheir oacn make to the const-
tuition, to suit this case. 1t was necessary
that the Senator from Woppello (Dr. Davis)
be disposed Of, and if it cannot be done by
the constitution and laws, theory must &C.
campish the work. And this doctrine, sir ,
they will find, is also repudiated by the
learned Commentator to whom / have Just
referred. He says, cit would seem but
fair reasoning upon the piainest principles
of interpretation, that when the constitution
established certain qualifications, us neces-
sary for Office, !nseant TO exclude all Others: as
prerequisites. From the very nature of
sucl. provision, the affirmation Of these
qualiiicat ions would seem to imply a mega
tire Of all Others" He says fuither, "a
power to add neso qualifications is certainly
equivalent TO u 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 me gber 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 an 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, we do it in violation Of the rule
tajd down by Judge Story, and we virtual
ly amend the constitution by our own act.
His language is plain on this point. at
would SEEM" he says, shut fair reasoning
upon the plainest principles Of interpreter
ton, that when the constitution established
cirtain qualifications, necessary for Office, it
meant to crclade all others as prerequi-
sites" Win gentlemen pretend to deny
that the additional requisite for which they
are contendng is not virtually excluded by
the constitution itself, under this rule?
But he says fu'the:, tu5 "a power to add
new qualifications, is certainly equivalent
to power to cary shsn:'' VIA any gen
teman contend, sir, that we have the pow
er to change the provisions of the cons:itu-
ton! presume not. If, then, we cannot
vary them, it fellows that we cannot add to
them. For the learned commentator as
sures us that if we possess the latter pow
cr we also possess the former. This, Mr..
President, is .4e inevitable result to which
this system of forced construction, advoca-
lish this doctrine. sir,--once pass the con-
fines ofthe constitution, and we are af1oat
upon the tathomless ocean Of theory and un-
certainty. He informs US, further, that the
constitution of the United States does not
provide 'tbat a subsequent non-residence
shall be a vacation of the seat" And if
the constitution Of the United States does
not make this provision, neither does the
Lon ST vf inp Of los In; no
fore observed, their respective provisions
on this subject are strikingly similar. He re-
marks again; when speaking Of members of
than one instance thGt member after. his
election. has removed TO another State
This language. Sir, is emphatic, and is sus-
ceptabic OF but one Interpretation He
does not say that person claiming seat
in the councils of the nation, but that 90
naember," with his rights Us such unim.
paired subsequent, as well as prior to his re-
moval, utter his election had removed to
another State &c. If, then, n member of
Congress can romove from the State he is
chosen to represent, without any INTER-
| ence with his rights as such, think it in
e:ltably follows that member OF the Gen
eral assembly o.! Iowa can remove from his
uAosA'Sts ouu stllA IEthln ElS seal.
pass now, sir, to the second charge
that the Senator from Wnppello has been
appointed Deputy Surveyor, or in other
words, has received a Contract Of surveying
since the adjournment Of the General As
sembly last winter. This the report .ad :
mits. And am even willing to go farther,
and to admit, for the sake ofurgument, that
ne has been appointed TO an office--a lucra-
tive office. if you please--such az is con-
iemplated in the 22d section of the 4th ar
ticle ofthe Constitution. And ask, sir,
how would this impair bis claim to seat
in this body! Would it disqual;fy him, as
Is argued in the minority report! Certain
" not. This provision Of the Constitution
is not applicable to his case, 1t reads as
follows:--''No person holding any lucrative
office under :he United States, or this State,
or any other power. ohsll be eligible to the
General Assembly" Now, sir, this refers
only to the inehgiJslity Of the gentleman.
! nsk has not this been settled! >Ifnot, how
did ne get here! If he was ineligible 10
the General assembly, how did he become
a member oft! November will deny that
=, 80 aid ~ onI ono,,~;od