Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-08


cry session, during the four years for which he
was elected; his seat WAS NOT VACATED, but he
retained it, with all his rights and privileges as
a member" He, too, was WING: and the
Constitution of Illinois does not differ from ours
in the respect of qualifications. Yet, gentlemen
seem determined 10 disregard the precedents that
have been cited bv other gentlemen, and evince
a fixed determination to eject the Representative
from Jasper, reckless Of consequences. To show
the proper rule of construction Of Constitutions,
and the means we call to our assistance in in
terprcting them, will read from vol. Story,
Up. 306. 'EMen do not frame Constitutions Of
government to suspend its vital interests, and
powers, and duties upon metaphysical doubts,
or ingenius rehnements. Such instruments must
De construed reasonably and fairly, according 10
the scope of their purposes, and to give them eff
feet and operation. not to cripple and destroy
them. They must be construed according TO the
common sense applied to instruments of like
nature; and in furtherance of the fundamental
objects proposed to be attained. and according
to the known practice and incidents OF bodies Of
a like nature. We may resort to the common
law to aid US in Interpreting such instruments
and their powers; for the law is the common
rule by which all our legislation is interpreted'
This, then, being the rule oy which
bodies of like nature have been govern
ed, can gentleman give tangible reason
why ue should not adopt that rule for our
action, and be governed by, and recog-
nize incidents, which have characterised
the deliberations of other legislative as
semblages? There is no reason why we
should not be influenced as other men of
greater capacity have been, except that
the consciousness of strength is sufficient
guaranty for the accidental majority on
this floor, that their acts of oppression can
not be rescinded in this house. But, sir, l
would remind gentlemen who are thus
disposed to tamper with the rights and
Liberties Of freeman, that although there
is no appeal from the decision of this house
TO other legislative councils, or Judicial
tribunals, yet a free and outraged constit-
uency can tell the usurpers oftheir rights,
in thunder tones, that there is tribunal
that can decide, and judges that wiH not
err, where they can have an impartial
hearing and an honest decision; silent,
though be their argument, yet its elcquencc
is unanswerable; and though powerful and
mighty be their judge, yet, the mandate
OF the ballot box is irrevocable.
But the gentleman says: "that there
must bea continuing qualification of resi-
dence, &c." Now, sir, if it had been the
intention of the trainers of the Constitu-
tion to hove the qualification of inhabitan-
cy continuing qualification, why did thew
require residence Of "thir,y DAVIS in the
county previous to the elections, Would
it not have been much more explicit. TO
have said that the member should reside
in the district fer the term of his Office
or that he should reside in the district
which he was chosen to represent? IT'S
but reasonable inference TO suppose, and
it is the only inference that can be drawn,
that The convention which framed the
Constitution declared upon the face of that
instrument, what they intended to have
understood as the fundamental law of our
land-this instrument will not admit of
a forced construction, but it must be con-
strued reasonably, fairly, and according
to the scope Of its purposes" But it is
co',tended that the qualification of eligi-
bility, Csfitness TO be chosen,") must con.
tinue, and the failure, or. may say, the
amposslbality to retain that qualification,
throughout the entire term for which the
member was elected, amounts Of itself to
vacation of the seat. To believe this to
be correct proposition, without the sane
ton OF law, would be taxing human ere.
dulity too highly. 1t would be an abro-
CATION of all the precedents upon which
SO much value has been placed. I, would
be reversal of all the decisions upon this
subject that have been handed down to US,
and it would be too severe criticism up
on the opinions of one of the most emf.
mont jurists that ever graced the Ameri-
can bench.
Now, sir, TO prove the fallacy of the
proposition, let me illustrate my position
by supposed case: The Constitution of
the State Of Virginia requires, in addition
to the qualifications under our constitution,
a property qualification. The Representa-
tive must possess real estate of the value
Of, we will say, three hundred dollars, be-
fore and at the time of his election, TO rem.
der him eligible. Possessing these es-
sential requisites, the member is elected,
returned, and is permitted to take his seat.
During the session of the Legislature. he
is Invested of his property, either by his
voluntary act, or by some unforeseen event.
Now, sir, | would ask if any gentleman
upon this floor would vote to expel him
for this reason-for the reason that one of
the necessary qualification al the time of
his elecfion-to-wit; the property qualif.
cation---had passed from him since taking
his seat as Representative? am bold
to say, sir, that there is not gentleman
in this house who, if he would act as his
conscience and good sense prompted,
would vote to expel him for this reason
On the contrary, it would be, by eusn them,
considered presumption, or folly TO enter
tain the proposition for moment. If,
then, the one qualification can be passed
by without an investigation, without even
an agitation Of the subject, where is the
authority for US to pass upon either ofthe
other qualifications for eligibility? 1t is
well know maxim, ''that the law will not
reconcile itselfto Inconsistencies, and the
same rule should apply to men; for j. is
obvious, that if the one qualification being
taken awav, would not vacate the mem