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

pI II1CI1
OF Hon. Thomas II. Isenfon, Jr.
Delivered IN the Senate. Jan. 1871 l848, /,
support Of The Resolution reported BY til
COMMITTEE appointed to take mic CONSIDER,
Gtion tie rigM Of Ike Hon James Davis
Senator from 'Wappetlo and Monroe, 10 Z
seat in that body. sR'i 4..i IS
Mr.. President III do not consider il
necessary TO make a lengthy and labored
argument on this subject, and il is not my
purpose to do so. I shall not attempt, moi
do conceive it in my power, 10 follow
the senator from Desmoines chr. Brown.
tihg) in his circuilous and sopsiistfca
rous. I shall eontent myself with few
remarks IL support Of the report Of the
committee.
The first and second charges alleged
against the gentleman from 1vappeilo,
CDR. Davise as disqnalilying him for a
seat in this body, viz; that he has removed
from his district, and has been appointed
United States deputy surveyor, 10 subdi-
vide six townships Of the public lands, are
admitted in the report of the committee 10
be substan,ated by the testimony. And
here would remark that my worthy friend
from Louisa Mr.. Sprinser) has had all
his trouble without remuneration in that
portion ofthe minority repor, in which he
has labored SO skiiuiIy 10 show that the
senator whose right 10 seat is question
ed, had removed ircm his district and had
been appointed deputy surveyor. These
facts, | Say sir, are admitted in the report.
The question then arises, in wha. way does
his removal from bis district disquaiify
him for seat on this floor? The cons;i-
tuition, sir, is plain on this subject. The
4lh section OF the 4th article OK that ins.u-
ment provides that "no person snail be a
member Of the House of Representatives
who shall not have attained the age Of
twenty one years, be free while male
citizen OF the United States, and have been
an inhabi:ant oithis State or Territory one
year next preceding his election, aud at
the time Of his election, have an actual res
idence Of thirty Gays in the county or dis
tric, he may be chosen TO represent" The
9th section ofthe same article provides
that senator's shall "possess he qualitica.
tions Representatives as to residence and
There is nothing in either
Of these provisions OF the constitution
whereby it may even be inferred that an
individual is required 10 continue to reside
in his county or district during the entire
period for which he was elected. On the
contrary, should infer the very opposite
OF this. Why, Then, gentlemen ask, is this
thirty days residence required, ii it is not
TO be continued? The reason, sir, is OBJ
yious. 1t is TO prevent demago.ues from
pslming themselves of Oh the people, with
whom they are not acquainted. But after
he has resided among them, and they have
chosen him as their representative, and
endorsed him as their public servant, and
they are satisfied that he should remove
from the district in which he was elected
and reside in another, the trainers Of the
have wisely RETAINED from de-
priving them OF this right. This, sir, l
to be the spirit of the consti.u-
ton. And it must be remembered, Mr..
President, that the constitution in this
matter is our guide. 1t defines the land
marks 10 which we may go, and beyond
which We shall not 60. lis language is
plain and eNplicit,and gentlemen may draw
what differences from it they wish; but
they can make it mean nothing more nor
nothing less. Ills true, by system of
forced constitution, ii may be made 10 mean
almost any thing. But, sir, for one. am
not disposed to sancionth this mode of con-
s.ruc.ion. II would be an act of injustice
TO the gentleman whose seat is called in
question. l Go not consider it necessary,
Mr.. President, 10 cite other authority to
sustain THIS position; for, as before re-
the language o: our own consti-
tuition is SD plain on this subject, that il
cannot be mis- unaerstood. Tie gentlemen
of the opposition know that our law books
are full OF such authority. shall content
myself, therefore, on this occasion, with
reading few paragraphs from Slary's
commenlari es on The constitution of the u
nited States, to which my attention has
been directed by the gentleman from Ce-
dar (Mr. Bissell.) Il will be remember
ed that the requirements Of the cnnstitu-
ton of the United States, relative to mem
bers of Congress, are similar to those of our
own relative to members. of the general
That instrument requires of a
that he shall, "when elected,
be an inhabitant of tina; State in which he
shall be chosen" In reference to this
clause Judge Story remarAs: a
"Thirdly, in regard to inhabitancy. 1t
is required that the representative shall,
when elected, be an inhabitant ofthe State
in which he shall be chosen. The object
of this clause, doubtless, was to secure an
attachment to, and misrepresentation Of,
the interests OF the State in the national
councils. 1t was supposed that an iuhab-
liant would feel deeper concern, and
possess more enlightened view Of the
various interests of his constituents, than
q mere stranger. And at all events, he
would generally possess more entirely
taeir sympathy and confidence. 1t is OBJ.
servable that the inhabitancy required, is
within the State, and not within any par
ticuIar district Of the State, in which the
member is chosen. In England, in former
times, it was required, that all the mem.
n = ~ q