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

l
manner, hoaO lille mere theory can be re
garded an matters of gorernment. Itwa
found by experience, that boroughs an
cities were often better represented b
men Of eninence and known patriotism
who were strangers 10 them, thanby thos
chosen from their own vicinage.s And {
this very hour, some ofthe preudest name
in English history, as patriots and states
men, have been the representatives Of OBJ
scnre, and, if one may SO say, OF ignobl
boroughs. d o stff .i
An attempt was made in the conventio,
to introduce qualification Of one year.
residence before The election; Int il failed
four States voting in favor .. il, SIX agains
it, and one being divided. The omission
10 provide that q subsequent non-residenc,
shall be vacation Of the seat, may il
some measure defeat the policy Of the orr
ginal limitation. For it has happened, i,
more than one instance, that MEnBER, of
ter has election, has removed to another Safe
and thus ceased to have that intimate in.
tercoufse with, and dependence upon his
constituents, upon which so much value
has been placed in all discussions or
this subject"
This authority, Mr.. President, ] sup.
pose will net be questioned by any gen.
tleman on this floor, The conclusion oil
the learned jurist, is, that mere theory is
not to be relied on in matters of govern.
ment. And what is this forced constrnc-
ton given by gentlemen here, thai mem
Der torieits his seat by removing from his
district, but mere theory other 1un con :
coclion! 1t is not found in the eons,itu-
ton. but is manufactured here for this par
flcular occasion. II is post tacta amend
ment Of their own make to the constitution,
TO suit his case. 1t is necessary that the
senator from Wappello Or. Dhvis) be
disposed of, and ii it cannot be done BY
The constitution and laws, theory must ac
complish the work. And this doctrine,
sir, they will find, is aIso repuaisled by
the learned commentator to who,n | have
just referred. He says. ''it would seem
but fair reasoning upon the PLANES. prin-
ciples of interpretation, that when the
constitution established certain qua|ifica-
lions, as necessary for Office, ii meant TO
erctnde MI Others, as prerequisites. From
the very nature Of such provision. the
affirmation OF these qualifications would
seem to i:s,piy negofirs Of all others {"
He says, further. "a power TO cdd ne,r
qualifications is certainly equivalent TO a
power to rory item. 1t adds TO the aggre-
gate, wha, changes the nature Of the for.
mer requisites" / ask, sir, what are the
requisites prescribed in our consti'utiun9
That member shall reside in his district
during the term for which he was cleo
ted? No sir. But the language is, that
he shall sal the lime Of his election, have
an actual residence OF thirty days in the
county or district he may be chosen to
represent" II, then, We add TO this, that
lie shall maintainhis residence during the
entire term for which he was elected, we
DO it in violation oil the rule laid down by
Judge Story. and we virtually amend the
constitution by our own act. His Lam
eusse is plain on this point. cit would
SEEM" he says, "but fair reasoning upon
the plainest principles of Interpretation,
that when the constitution established GER
tain qualifications, necessary for office, it
meant TO encludeaH oilers as prerequisites. !"
VIII gentlemen pretend to deny that the
additional requisite for which they are
contendlng is not virtually excluded by
the constitution itself, under this rule?
Bot he says, further, that "a power TO ndl
new qualifications, is certainly equivalent
TO power to rnry them" Will any gen.
tIeman contend, SIT, that We have the pow
er TO change the provisions Of the cotsi.
tuition? presume not. II, then, we can
not vary them, it follows that we cannot
add to them. For the learned common
tailor assures US thatif we possess the lat
Ter power, We also possess The former.
This, Mr.. President, is the inevitable re-
suit to which this system Of forced con-
Nruc'ion, advocated by our opponents,
would lead. Establish this doctrine, ST, !,
once pass the confines of the constitu-
ton, and we are ailoat upon The fa,hom-
less ocean of theory and uncertainty. He
informs us, further, that the constitution
of the United States does not provide 'tha,
subsequent non residence shall be vaca-
lion OF the seat" And ifthe constitution
of the United States does not make this
provision, neither does The constitution
OF Iowa make it. For, as l before observ.
ed, their respective provisions on this
subject are strikingly similar. He re-
marks again, when speaking Of members
of Congress, that sit has happened, in more
than one instance, that a member, afer his
election, has remored TO another State. -
This language, sir, is emphatic, and is
susceptible Of bu, one Interpretation. He
does not say that a person claiming seat
in the councils Of the nation, but that '.a
nnember," with his rights as such unim
paired subsequent, as well as prior to his
removal, 'safier his election has removed to
another State,' Sc. II, then, a member Of
Congress can remove from the State he is
chosen 10 represent, without any in.erfe
renee with his rights as such, think it
inevitably follows that a member Of the
General Assembly of Iowa can remove
from his district, and still retain his seat
| pass now, sir, to the second charge
that the Senator from WappelIo has been
appointed Deputy Surveyor, or in other