Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-01-05

pied. The constitution makes this d;fsr-
ence. 1t declares who shall be ine,;o;h,.
and authorises their exclusion bv : 49,
majority vote. But after being one. ~.
perly member Of either house, i, reou;rs,
two-third vote to expel him for any,
cause; and 1t is nowhere declared that N.
subsequent acceptance Of a lucrative ofIcs
shall justify such expulsion. Why hi.
difference? 1t is thus written.
The evident object is, to preserve II.
purity Of the ballot 5ox-to prevent ofF;c;.i
station from exercising its influence Il e.
vor of the incumbent. EFEFN1
If this be not satisfactory, we e ,n,w :.
further that disfranchiaement can in ~
case result IRON mere inference. Ths
disqualification created by the constitution
Is limited to the terms Of that ;nst,nm...
and cannot extend beyond them. It s
not enough that the same reasons would
apply to other cases The constitution +,
presumed TO say what it means, and to
mean what ii says. When it declare,
that all office previously held shall render
its incumbent ineligible, it does not mean
thereby that subsequently acquired Of
flee shalt subject its possessor to expulsion.
Had the latter been intended, il would
have been SO stated. s..,es s...3a .,....
This argument applies also 10 the case
Of Mr.. Whitaker. But in regard 10 him
there are others equally conclusive. The
appointment he holds can by no sophistry
be tortured into lucrative Office Sew.
eniv two sections Of land are given 10 this
State Tor the benefit Of University
These are I" be selected under the direc-
ton OF the Secretary Of the Treasury. In
such cases, It has been customary Tor him
10 direct the selection to be made BY land
officers or other func,ionaries. But the
Iowa legislature, suppos. ng very naturally
that better SELECTION could be made by
some one who should 60 upon the ground
so as to be able 10 choose understanding.
~, expressed a wisl, to that effect. The
Secretary oil the Treasury complied with
this request, and has at different times an.
pointed three different individuals FOR this
purpose; expressly informing them, how.
ever, that they would receive no compen.
sation from the department for performing
that duty. Mr.. Whi,aker's predecessors
after having made lew selections, sue.
ccssiveIy threw up their appointments,
finding the necessary labor TOO great TO be
performed On such terms. Our legislature
may perhaps feel dispose ed 10 make some
compensation Tor these services, but no
promise has yet been made TO that effect.
Il witness would not be disqual fled from
testiying whose interest depended upon
such contingency, Tor it is legally no in.
teres. a, all. Can that be lucrative Of
lice which entities its possessor TO no
emulument, and where compassionate
aly-depends upon mere perchance-
upon the bare sense Of justice of legis.
la!ure, Of crippled means to make volun.
tary compensation for past services.
AS 10 Messrs Davis and Kinsman, il
is said they have resigned their stations.
Such IS not the fact, and we challenge The
proof. We think We are rot mi.tak, n in
saying that, not Only has the G"verncr no.
accepted their designations, bu, that no
sucl, designations have ever been present
ed 10 him for his acceptance.
Blu, i; is said that they have removed
ir"m their respective districts. As ire.
CARDS DIR. Davis, this statement is also IN
founded. The most that can be said, j.,
that his wife has made temporary visit
to her father in Lee county, but has now
returned and is residing in WapelIo coun-
ty, and that he himsel! has sometimes had
II in c"nie.np lation to emove to Lee coun.
~. lie has, however, never carried that
intention into effect.
With regard to Mr.. Kinsman, however,
the charge may, for aush,, we know bs
true. But what then! Has he forfeited
his seat. Let us see our authority.
"No persoa shall be a member of tie
House of Representatives who shall nc.
have attained the age Of 81 years-be
| tree white male citizen of the United
States, and have been an inhabiant of this
State or Territory one year next proceed.
| ING his election, and at the time of his
election have sn actual residence of thirty
days III the county or district he may bs
chosen to represent. '-Cons,i,u,ion, art
i, sect. 4.
What has this section to do with the ar
guinent. Is it pretended tina: sat the time
othis eleciion' Mr.. kin>man had no. an
actual residence of 80 days in his district.
Not at all. But because the constitution
contains such pro, i>ion we are asked to
conclude that not only must he be resi-
dent Of his district at The time of his elec-
ton, but tina; such residence must be kept
up during his whole continuance in office,
and that he must not depart ircm these
his Jail limits upon pain Of expulsion from
his seat. What unprecedented mind, at a
lucid interval, would ever come to such a
conclusion.
In the absence Of constitutional restric-
tons, the power of the people in the Sc
lection of their representatives would be
anrestrained. They might have selected:
their agents from any par. of the State
Su,h Is now the case in Great Britain,
whence our representative sy stein is derIv-
ed. Such has also been, and is perhaps
now, the case in some Of the States OF the
Union.
But our consti'uion-no doubt wisely
requires the representative to have been
for 20 DAYS read. nj nf his district =, the