Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16
DUBUQUE, IOWA, FEBRUARY l6, ls4s.

former, sir, SO far US the gentlemen whose
right to seat is questioned, as l have al
ready shown, has been settled. The latter
we are now investigating. The question.
then is, has he done anything to disqualy
him as member Of the General Assembly!
A good deal has been said, Mr.. President,
about deciidi';;::::ss q members seat uacam.-
Now, sir, lcontend that it is not in our
power to vacate members seat, either by
majority or c two thirds vote. He may
commit IN actb which he himself vacates
it; it is only for us to determine, in the first
place, whether he is guilty of the charge
allcdged against him, and in the second
place, whether he vscatcs his seat BY hav-
ing committed the offence charged. If SO,
then the question De to his right to seat
here is settled.
Mr., Browning -s'suppose that the hon
orable gentleman (Mr. Davis had been con-
victcd of stealing q horse: would be have
seat in this body then1''
.nr. Benton-The case presented BY the
Senator from Desmoines (Mr. Browning is
is not parallel 10 the one now before US
The gentleman is here claiming his seat rs
q member. He is charged with an offence
which we conceive does DOT interfere with
his rights as such. But will answer the
gentleman promptly. If the Senator who
is now arraigned before US, had been convic-
ted OF horse stealing, unless the commission
of this crime would of itself vaca:e Iris seat
he would still be a member, and we have
but one way pointed out in the Constitution
to get rid of him, and that ia by expulsion.
1t is true, the Constitution gives US the
power to judge of the qualifications of our
own members; but, judging Of their qual;fi-
cation is one thing, and inflictng penali-
ty is another. The 10th section gives US
the power 10 "punish members for disorder
ly behavior" and this is the extent Of our
power by majority vote. If we go beyond
this, it requires vote of t,co thirds. If g
member is convicted Of an offence against
the laws of the country, we are not to act
from mere rumor in Judging him. The facts
must be laid before us, and if the offence
committed is such as to render him unwor-
tiny OF seRt here, then we tnay expel him.
And 1t Is unWarrantable for a moment to en-
terrain the belief that any Legislative body.
selected by an intelligent people, would he
| state promptly to do so. But this must be
done in accordance with law and evidence.
| The evidence before us shows conclusively
that the gentleman charged, has done moth
ing since the adjournment last winter to i'm
pair his rights as member of this body
we may declare his seat vacant, and BY
brute force put him out Of this chamber, but
unless he has done something by virtue of
winch his seat necessarily becomes vacant,
or Is expelled according to law and evidence,
ne IS nevertheless to all intents and purpos-
es member of this BODY.
| Tho CCJ eoc%;o, .r.L>
ing reference only to Offices ",,ndcr this
State, which shall have been created" &C.,
during the term for which member has
been elected, has nothing to do with the
case now before US, and therefore deem +
unnecessary to So aoiny,ning relative to it.
out the last charge age;ns. the honorable
gentleman Or. Davis) is, that he has re-
signed his seat. g. g. most % u .ae testimony
before US, we trace letter of resignation to
the Senator from: Juckson (Mr. Bradley -
But that gentleman's own testimony settles
the question. He informs US that the SEN
ator from Wopello gave him the letter in
June last, addressed to His Excelency, the
governor, remarking, as he thinks, that it
was his resignation, with instructions to de-
ilVer 1t to the Governor when he (Dr. Da-
vis) should advise him so to do.
Mr.. Brotoning-Such is not the testimo
ny of the Senator from Jackson. The gen.
tiemsn from Wappello gave him DO such in
| struction.
.N''. .Brndiey-such was Intended to be
DC my testimony, fit is not SO recorded
These acre the instructions given ME by
the gentleman from Wappello, and l de-
slgnad so state in my evidence.
Mr.. Bentou--i say, Mr.. President, that
the authority to deliver this communication
( to the Governor, not having been subse-
quently given by the Senator from Wa2pcl-
10, to the gentleman frpm Jackson (Mr:
Braeley,) it was withheld, and is still in his
ME-. Bradley's) MISUNDERSTANDING most
clearly, that the resignation condiiioualls,
made, has not taken effect, the conditions
agreed upon by the parties by which it should
take effect, not having been complied with.
But, sir, in support of the position assn IN
ed in a former part Of this discussion, if it
had taken effect, ask if he would loose his
seat by virtue of vote Of this body declar-
ing it vacant! Most assuredly not. The
gentleman's o,on act would have settled the
question of his right to eeat here.
But, sir, am not disposed to trespass
further on the time Of the Senate lrenly
thought, when this investigation was COM
n'enced. that it was mere sham, but as gen
tlercn have assured me that they are sim
cere, am willing to grant that they are
The Constitution is SO clear that j cannot
see how they have been able to present to
their own minds even plausible cause. 1T
is not for US to say how that instrument
might read nor how it ought TO read, but to
determine aow 1t does read, and to be. gov
erned in our acts accordingly The lang
uoge Of the Report is explicit ard will show
for itself. The positions assumed in it, are
clear and incontrovertatfe.
AN ABSTRACT e. t8
Of The returns 81 The Csnsus ottAis iSlate for
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