Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1848-02-05
REMARKS or MR.. SELLS.
In the House of Representatives. in the case of ar.
KinSnaQn's contested seat.

the gentleman (Mr. Hall,) who has just pre-.
coded me. He appears as feed attorney for
| the late member from the district of Marion.
Polk, Dallas and Jasper. His has been an
effort for dollars and as an advocate, sworn
to prove true to his clienl-he has discharged
that duty with some degree of tact. stand
here as one Of the Representatives of free
people and as such, am endeavoriog TO re.
| fleet the will Of high minded. intelligent, anG
honorable constituency. Having before my
minds eye, the constitution, which have ta-
ken solemn oath TO support.
The learned counsel (Mr. H starts out up.
on false premises he lays down the rule that
If Mr.. Kinsman I" was qualified at the time Of
his election, and at the time he first presented
his cer'iiate and took his seat that il is not in
The power Of this House to declare his seat
vacant +; for the want Of any continuing quail
ication," and that there 6 is no continuing
qualification requisite. and that there is no act
of his tina. can deprive him of his seat, except
for contempt; and then he must be expelled
under the 10Th section Of 4th article Of the
constitution Of Iowa. which provides that each
House shall "punish members for disorder'y
behaviour, aud with the consent Of two thirds
expel member, but not a second ume for the
same offence" | now propose 10 examine
the 4,h section 10Th article Of the constitution.
to see il there can be any doubt as to its inca.
ming l. reads as follows: mo person
snail be member Of the House Of Represent.
atives who shall no. have attained the age of
Fl years; be a free white male citizen 0: the
| United States, aud have been an inhabitant of
this State or Territory one year next preceding
his 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 repre-.
sen,.'
Ours is representative democracy, the
people assemble 10 mass; at the pols-and Sc.
lect one Of their number 10 represent their
wishes in the Legislative Assembly. One
whose interest is Identical with their own
! who if he carries out their wishes and interest,
but carries out his own, and for the securityof
this, the constitution requires that he should
live ten days longer IN the county than is re.
quisite 10 become voter, and he object Of the
constitution is 20 prohibit persons fron, voting
who have not a permanent residence in the
county or district. There is no person who
has the capacity 10 understand that two and
TWO makes four, but what would conceds that
as soon as man changed his residence, or
lets his district permanently, that he had los,
his right 10 vote for Repr sentative. as will be
seen in the first section, third astlcie of the
Constitution, and for the reason that his inter-
est IS no longer identified with theirs, and
should have no righ, TO q voice in choosing
Representatives. How much greater the ne
cessi'y for having the Representative himself
strongly Identified, in interest, with his con-
sii,uen.s. Hence the necessity Of requiring
greater qualification for Representative
than for voter. Again-lhe Representative
is constrained to reflect the wishes Of his con-
s'ituens, for fear tina, if he does otherwise,
ao h 81 p Ra B ee eu tSS laT5 1--we
iL another district, and That check is gone.-
He sets his constituents at defiance, and that
very act of bad faith 10 his constituents, may
be the means Of enerafing him into the af!sc-
tons of these with whom he now resides
And so yom see that The word Representative
loses its meaning. He no longer represents
The interest and wishes Of those who elevated
him, and The constitution wisely provides, by
fair construction, that he shall no longer rep.
resent them. Now sir, let US try its applica.
cation. Mr.. kinsman moved from the district
he was chosen 10 represent, in June last, and
permanently settled in Mahaska county, where
he has resided ever since. There was va
cancy in Mahaska by the death Of the late la.
meDled Mr.. Smith, and had the Governor ISIS.
ued a writ for new election on the first Mon.
day in August last, he, K:nslnan, would have
been eligible TO an election as Representative.
Now suppose Mr.. X. had been the Democrat
ic candidate in Mahaska, which was his IN.
doubted nigh: under the article Of The const-
tuition, which have read-and had been cleo
led instead Of the present Wing member Mr..
Edmunson, and presented his certificate of
election to this Honse. ask VIVA, would be
the result! Here is Representative claiming
his seat and presenting the strongest undoub,-
ed evidence, and that, too, which cannot be
rejected, that he is the legal Representative of
Mahaska. Now the question arises. which
county or dislric. does he represent, If there
is no question o. doubt-which there cannot
be under the constitution, because he possesses
all the requisite qualifications, either implied
or expressed; that he is entitled to seat from
Mahaska, and as the reasonable common sense
view of the constitution forbids him taking his
seat from Marion, Polk, Dallas and Jasper,
district that he has no interest in, and is in
nowise connected with, by leaving his former
dcmicil and taking up his residence perma.
he. if elected becomes The legal representa-
tive from the latter.
Now sir, it appears to me :ha, every man
tina. can lay aside party feeling. and look at
this question. upon its merits, would a, once
decide tina. he was entitled to his seat from
Mahaska. Well then, if in the case that
have just presented. he would be entitled to
sea, from Mahaska, he certainly could not,
under any circumstances claim seat from
Marion. Polk, Dallas and Jasper. He either
is entitled to seat from that district unquaI-
| ihedy, or else he is not under any circum.
stances or 10 any emergency.