Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-01-05
THE REPORTER.
Expulsion OF Members.

Inc shp)olneu artlcie from the burning.
ton Gazette so completely covers the
whole ground presented by the menace o:
the federalists to deprive Messrs. Whitta,
ker, Baker, Davis, Kinsman and Letting
well, OF their seats in the General Assem-.
bly,, as TO sapercede the necessity Of any
further argument from US. The writer
eyinces familiarity with the laws and
usages applicable 10 The cases under con-
sideration, and an honesty Of purpose,
which should command respect even from
bis political opponents. He is evidently
master Of his subject, and his arguments
are such as must carry conviction to The
mind Of every man who has not become
so blind slave to party-so supple atool
to political knavery, as to have become Ut
terly lost 10 all sense Of right and wrong,
Of honesty, decency and moral accountable
I ity. s.,..4.ass .-.
Lest wessbonld be misunderstood, we
will here repeat, that, while the constitu
ton and laws, as well as reason, comm on
sense and justice, are clearly on our side
against this infamous proposition Of the
federal leaders to disfranchise the people
ofsome half dozen counties in the Gener-
al Assembly while the argument is am
pie and sufficient against them, the only
argument really necessary 10 cover every
case, is, that the members Of this General
Assembly. or any portion Of them, have
now no right whatever 10 question any
member upon the authority by which he
holds his seat, or 10 enquire into his eligi-
billy. He is their Peer: and as such, is
above the reach Of their inquisi,orial pow
ers-except as specifically provided by
the constitution. He is sovereign rep
resen:ative of sovereign People, and as
such may defy his peers 10 deprive him Of
his rights and disfranchise his consli,u-
ents except on charges preferred against
him for misconduct, or on formal i'm
parchment. All they have TO do, is 10
turn TO the record, to ascertain whether he
is member Of the General Assembly, as
themselves. 1t is perfectly preposterous
to talk Of depriving any ofthose gentlemen
Of their seats. Its legal impossibili,y &
the height of political ab>urdi'y. For the
sake Of peace and good order, and for the
honor ofour young state-already too deep
ly disgraced by the conduct OF the wh;e
party at last session-we trust they vii
not require practical demonstration The
fact that it is morally as impossible as 20.
i.ticaiiy it is absurd. If they have the
p'wer, they may lumber their journal will
vote upon vote excluding those gentlemen
yet will they beas fully y as legally mem
tiers Of the General Assembly as those
who autaciously attempt the usurpa'ioI
OF power TO exclude them. Nor can they
We repeat, be deprived of their rights Of
speech, vote, protest, SC, except ly un.
lGufui force Of arms. We shall see whether
they dare attempt this. We have already
had quite sufficient Of anarchy from lha,
source. That it may be averled for the
lu:ure, is our earnest wish; but if they
will not heed the Voice of reason, and are
determined to ruth headlung into the mea.
sure OF carrying out their threats, let them
beware ofthe consequences.
These are the views which we have
uniformity expressed, and we have seen 10
reason 10 change them. Bat, to satisfy all
who have any honest doubts upon this sub
ject, we would Commend the following ar.
licIe from the Gazette TO the attentive Pc
ru>al of our readers:
Sand first as to Mr.. Baker. Since the
last session he has been elected Prosecut.
ing Attorney of his county. Is he there.
10y disqualified for retaining his station as
representative. These who answer in the
affirmative found their opinions upon the
following sections ofthe constitutions:
Il. No Senator or Representative shall
during The time for which he shall have
been elected, be appointed to any civil of
flee Of profit under this State, which shall
have been created, or the emuluments of
which shall! have been increased during
such term, except such offices as may be
filled by elections by the people.
-. No person holding any lucrative Of
flee under the United States, or this State.
or any other power, shall he eligible to the
CAMERA. Assembly: Provided, that Offices
IN The militia TO which there is attached
no annual salary, or the Office OF Justice of
the peace or po>traastcrs whose compen-
sation does not exceed one hundred dol
lars per annum, shall not be deemed In.
cratiye. ~-:~ "'--
Can it be pretended that this 2lst sec.
ton iucapacitates him from retaining his
seat. The office OF Prosecuting Attorney
was created by The consi,u,lon-not BY
the Legislature. Nor are we aware that
the emoIumen's Of that Office were in.
creased last winter. At all events, the of.
flee was filled "dy an election By the people,"
which ends the argument
But the 22nd section declares that no
persnn holding a lucrative Office shalt be
eligible to the General Assembly. What
is mean, BY being "eligibI.?' capable of