Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-09
Report of MIR. Bissell,

Chairman Of the Committee to 4uhon, .oas
referred resolution inquiring into The
right Of Thomas Baker 10 a seat IN The
Senate as member thereof
The undersigned, to whom was referred
the resolution declaring the seat Of The Hon.
Ihos. Baker vacant, ask leave to report:
That upon a deliberate examination of
the Constitution Of this State, they find
two provisions, upon which the resolution
seems to have been founded.
These are contained in the 2lst and 22d
sections of the 4th article of the Constitu
ton, which read as follows:
Sec, 2lst. "No Senator, or Representa-
tive shall, during the time for 7vhich he
shall have been elected be appoin ed to any
civil Office Of profit under this State. which
shall have been created. or the emoluments
Of which shall have been increased, during
such term, except such Offices as ore filled
by election of the people,"
Sec. 22d. "No person holding any lucra-
tive Office under the United States, or this
State, or any other power. shall be eligible
to the General Assembly; Provided, that
Offices in the Militia, to which there is at
tached no annual salary, or the Office of JUS
tice of the Peace, or Post Master, whose
compensation does not exceed one hundred
dollars per annum, shall not be deemed lu-
crative." .-..... -.- T..
The former ofthese sections, as we think,
creates no ground Of disqualification, for the
following reasons: -.. .,.
LIST. The Office of Prosecuting Attorney
was not created by the General Assembly,
but by the Constitution, nor do the emolu-
ments thereof appear to have been increas-
ed at the last session Of the General Assem-
bly,, when Mr.. Baker was member; but on
the contrary, your Committee are of the o.
pinion that the emoluments Of that office
were at that session very essentially dimin.
ished.
I'd. Even if the office had been created,
or its emoluments increased, there would
have been no Constitutional incompatibility
with it and that ofSenstor. The case would
then fall within the exception contained in
the last CLAUSE of the section.-The.of1ice of
Prosecuting Attorney is filled by an election
BY the people.
Sd. But il the Offices were even SO incom-
patible, the right Of the incumbent to a seat
in this body would not be affected.
The Constitution declares that no Sena-
tor OF Representative, sball, during the time
for which he shall have been elected, be ap-
pointed to any civil office, sc. Suppose the
Senator hodbee appointed to one of these
prohibited odices, would his seat have been
vacated! MT at all. ..He shall not be an :.
pointed" to such an office; neither eau he 1
hold Il any more than though he were an
alien the appointments would be null and
void His seat in the Senate would not be
vac4ed, but the door to new Office would be
imptnetrably barred against him. Not the
slafow Of reason can therefore be deduced
fro1 this section, for excluding the Senator
frob lis seat here. but the 22d section de-
cl9es that no person holding any lucrative
5ofEe shall be eligible to the General AS
sehbly. The Office Of Prosecuting Attor-
Mt 10 no doubt lucrative Office Of the kind
iIended in this section. Had the gentle.
nm, therefore, held that Office ut tho time
hAWas elected Senator, such election y ould
besn ;ns mai wholly nugatory; he would have
~ focs. SiSsle. Such, however, was not
cutting Attorney 'iion TO tho Office Of Prose-
S ng taken place since