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

him from ONCE (which question we have
noticed sufficiently in another place-we
will proceed first 10 dissect this compound
charge,and then silt the evidences BY which
they pretend 10 HAYS sustained il.
Before proceeding, we wish 10 remind
our readers that the above is the official
decree Of the wing party Of Iowa against
MIR. Kinsman. 1t is therefore to be re-
garded AZ tho very strongest case that
could be made out against him, from the
facts adduced BY their own interested and
suborned witnesses. 1t Of course presents
the case in its strongest light, and is the
very best face they could put upon the
matser-"the best show" they could possi-
bly, make against him.
Now for the dissection. The ukase
commences thus: /" Whyeas, J. N. Kins-
man, former member, Sc, did, on, &c.,
remove from his district to the county Of
Maheska; and whereas, the constitution
makes residence in any district an essen.
tial requisite to become member Of this
House as = Representative Of said dis.
trict," &c.
Now, before proceeding with the next
"wheress, let US just take glance at the
important admission above made: Under
the second "whereas," the preamble says
that "the constitution makes residence in
any district an essential requisite" for
what? "to become member fro,a said dis
trict." This is the fact; the constitution
does make a residence Of thirty days i'm.
mediately preceding the election in the
district which he shall be chosen to rep
resent, ian essential requisite to become
MEMBER" and this is the only require
ment which it makes as to residence in the
district. It does not require that the resi-
dence in his district ehall be kept up after
his election, as a condition to holding his
seat; aud the failure to alledge any such
requirement, in these their solemn charges
against member, to justify their high
handed act Of excluding him from his seat,
shows conclusively their consciousness tina.
the constitution never contemplated such
qualification. This is full and uneouiy.
ocal yielding Of the poin. as to the requi-
rement Of residence. And yet this allie
CATION, that previous residence is an "es-
sential requisite, together with the charge
Of his subsequent removal, is seriously
broughtin under the head of "whereas,"
constituting it the basis and justification of
The resolution that Mr.. Kinsman "has no
right to fill the seat" &c.
His removal being the only charge prov
ed against him, as we shall presently
show, the entire fabric Of the ridiculous
sophistry whereby they attempt TO show
that he had forfeited bis seat, falls to the
ground at once.
But, let us proceed with dissection of
this beautiful preamble. The Sd specif.
cation, is. that Mr.. Kinsman ''did notify
the Governor" of his remoral mot of his
resignation, mind you; and the Governor
is the only authority to whom he could re-
sign; and then, by way Of smuggling in
charge Of resignation, in connection with
that of his notification to the Governor, it
Immediately adds, "and [he] statedto others
that he had resigned"
Now bear in mind that this preamble
is equivalent 10 an indictment in court of
justice, and bear: the same relation to the
resolution Of expulsion, that the indict-
ment doesto the judgment-the convic-
ton and sentence Of the court. 1t contains
The solemn charges on which depend the
rights, liberty or life Of the accused. |
Bearing this fact in mind, we will proceed
to examine tho 4th and last stuhereas;;"
which assumes that ssno member has a !
right, after huving resigned. to re-elect
himself by recalling or reconsidering his
resignation" therefore, Resolved, &c.
Here, then, is the great implied charge,
after all, to wit: that Mr.. Kinsman had !
resigned his seat. This is the masked bat-
ery-the big gun, charged to the muzzle
with fragments Of broken crockery, reserv-
I'd to the last and fired off under cover of
he smoke Of small arms, and amid the
lin Of fire crackers, the blowing Of rams
,orns and the rattlipg Of tin kettles.
We opine that it would take Phila-
lelphia lawyer to decide on which of these
charges the House intended to base its
conclusion that Mr.. X. had ssno right to
i'll the seat belonging to the counties Of
Marion, Polk" &c--whether upon the
charge Of his removal, or that of his re.
'ignation, or both. But we have the YER
'iags before US, and every one is left to
raw such inference therefrom as may suit