Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-08
VOLUME 6.
speech Of Mr.. Le61ngweN,
Ofthe House of Representatives, on the reso-
luton to declare lNr. Kinsman's seat pa

~
Ofhe House Of Representatives. on the reso-
luton to declare M. Kinsman's seat pa
cant.
I. sir. can say with the Gentleman from Mus
eatine (Mr. Sells) that ri shall vote conscien-
touslv upon this question.r / shall vote as he
saws he shall vote-perhaps not in the same
monosylablc, but from convictions of right and
Justice. and hope shall not err in casting my
vote. in the negative. This is question OF great
er magnitude than gentlemen seem to have sup
posed It. Itisaa question that not only immedi-
ately concerns, the member from Jasper, but It
directly affects every Representative upon this
,aoor II not only affects the Representative,
Int n CONCERNS his conetitucEts---5oT caiy bis
constituents, but the whole people OF this State.
The rights of the people are assalcd by this res
olution. anG the privileges of their Representa-
tive are stript from him; and, sir, it behooves
every freeman to remonstrate against, and every
Representative OF free Constituency to de-
nounce and condemn, this high-handed usurpa-
ton Of power--ths daring act of oppression,
and this crowning act of political villainy and
disappointed ambition.
hive listened attentively to all that has been
said BY gentlemen upon this question; argument
has been SMILED at by our opponents; authori-
of strength has reconciled them TO their pnr-
pose, and they seem inwardly to exu,t in the fact
that BRUTE FORCE will enable them to ride over,
and trampie down the barriers that the ConstI-
tuition has thrown around us, as well as the o.
pinions of eminent men. land the solemn decisions
of judicial tribunals. This, sir,is not the offspring
of an extravagant fancy, or an overheated imma-
gination-but, sir, they are FACTS which have
been heralded to us in every act, and by
every word from the opposite side Of the House
since the commencement OF this discusslon.--
Both argument s. authority have been answered,
and only answered, by SMILING HYPOCRISY RI
SING UP IN OUR MIDST AND SAYING, 81 am
sworn to support the Constitution" What says
the Constitution, sir, and what are the facts?-
They are before the House, and they shall go
before the world; not only this House shall de-
eide this question; but the opinion of an unpre-
judiced public shall be passe upon them, and
"wo be unto them'' that in the recklessness Of
their power strike at the foundation OF our lib
critics contaminate the great charter OF our rights,
aud violate their solemn obligations to preserve
and protect it in its purity. That obligation is
registered not only among but it is preserv-
ed in the archives Of the Almighty; and altho'
men may be deceived by fair protestations vet,
that being who holds the destinies of ratioLs in
his hands CANNOT ERR or be deceived.
Now. sir, in order to as:errine whether the
member from Jasper. is entitled 10 seat upon
this floor, we must, inshe first mace refer TO the
Constitution 10 ascertain Whas a.e the necessary
qualifications for member Of The General As
semblv. We find by the 4ths art and Sec Of
that instrument, that HNo person shall be a
member Of the House Of Representatives who
shall not have attained to the age Of twenty -one
years; be a free white male citizens Of the u
nited States, and have been an inhabita,,i Of this
In
election; and at the time of his election have an
actual residence Of thirty days in the county or
district he may be chosen to represent" Did
the member from the district composed of the
counties of "Marion, Polk, Dallas and Jasper,
at the time Of his electioh' possess these essen
tial qualifications? This. sir. is not controyert
ed; even more; it is made part of our record.
That record being made upon the report and
suggestions Of the very gentlemen who now seek
to deprive him of his sent, upon the ground Of
his incapacity to hold it. for the want of those
very qualifications which they themselves have
once decided he possessed! Oh, Consistency.
furnished and deformed Once priced as Jew
Ell; now cast aside upon the dung hill of political
corruption, to make way for that rugged and
iron-willed monster. political ExpEDIENcv.
Upon the 9th page Of the journal of the House
of Representatives Of the last session, we find
that among the members present at the organi-
cation of this body, was JOHN N. KINsMAN, of
Jasper county, and also that Committee Of FIVE
Consisting in part Of Messrs. Hebard and sellsI
were appointed to examine the credentials of
members, Sc; and that on the following day the
Committee, by Mr.. Hebard, their chairman, re-
ported that s'The members present had present
ed satisfactory certificates Of election, and WERE
ENTITLED TO THEIR SEATS" How. sir, would
ash, are the supporters of this resolution to ex-
tricate themselves from the dilemma in which
they are placed? The question, perceive. is
answered by significant glance of their leader
upon his well trained forces-upon his immacu-
ate and invincible majority. A suggestion is
made that they have right to declare seat va
cant under the 9th sec. OF ith art. Of the Consti
tuition, which says that s.Each house shall choose
its own officers and judge Of the qualifications.
elections and return Of its own members."-
With this as basis for them to act upon, they
have collected evidence which is before the
House; and what is established By that evidence?
This fact, and this alone-that Mr. Kinsnan.
since the adjournment of this body at its last
session, has removed to an adjoining county,
And what, sir, will ask, is SET forth in the pre-
amble to this resolution? A part of it is as fol-
lows: "And whereas, the said John N. Kins-
man did on leaving his district notify the Gov
ernor of the same, that he might order new
election,' SC. Now, sir, the evidence, or the
preamble, is false. There is no evidence here
to show that the Governor ever received such
notice; on the contrary, His Excelency swears
That che never received letter or line from
Mr.. kinsman upon the subject" But, sir, sup
pose that the Governor HAD received this no.
tice; would the seat of the member become va
cant from that fact? There is proper author-
ty ard power vested in the Executive, as well
as In the Legislative department of State by our
Constitution. The 18th sec. Of the 10th art of
the Constitution says: ..When vacancies occur
IN either house, the Governor, or the person ex-
ercising the functions of Governor, shall issue
wrIts OF election to fi!l such vacancies" Thus,
II clearly appears to be the province of the Gov
ernor to determine when vacancies occur in Ell
Their House, as well as to fill them. Again, art.
4, sec ], OF the Constitution says: ssThe powers
OF the Government of Iowa shall be divided into
THREE SEPARATE DEPARTMENTs-the Legisa-
ave, the Executive, and the Judicial; and no
person charged with the exercise of powers
properly belonging to one of these departments,
snat exercise any function appertainng to eth
CT OF .ne others, except in cases hereinafter d.
yec'ea OF permitted" Yet, it seems that this
mouse are determined to take upon themselves
as Legislators, the exercise of that authority
winch belongs only to the Executiye-an exer-
else OF power that is expressly interdicfed
TO them, and is solely conferred Hpon the Gov.
ernor.. Although this seems TO he mt on.
Y an infringement upon the rights Of the cen-
ueman from Jasper and his Constituents o.na
an open violation of the Constitution ,,ot
the FIAT has gone forth, that he mns, 'f hs
xl.i