Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-02-16

For thou mayst speak yet.
Jackson CO.. JAM, lS4S. g
SPEECH . '
OF HON. THOMAS. II. BENTON. JR.,
Delivered IN the Senate. Jan. 18Th le4S, in
support Of the Resolution reported by the
Committee appointed TO take into consider
ationthe rightof Hon. James Davis, SEN
ato, from Wappci!o and Monroe, TO a seat
II, that body 49,. -... .=s.
| Mr.. PREs1pENT:-I do not consider it
necessary to make q lengthy and labored
argument on this subject, and it is not my
purpose to do So. shall not attempt, nor
DO l conceive it in my power, TO follow the
Senator from Desmoiues (Mr. Browning)
in his crcutous and eophistical route.
shall content myself with few remarks in
support of the report Of che committee.
The first and second charges alleged
against the gentleman from Wappslo,
| (Dr. Davis) as disqualifyjng him for seat
in this body, viz; that he has removed from,
his district, and has been sppoin. United
States Deputy Surveyor, 10 subaivide six
Townships Of the public lands, are admit.
ed in the report Of the committee to be sob.
stantsted by the testimony. And here
would remark, that my worthy friend from
Louisa (Mr. Spripger) has had all his troub
e without remuneration in that portion o.
the minority report in which he has labored
so skilfuly to show that the Senator whose
right to seat is questioned, had removed
from his district aud had been appointed
deputy surveyor. These facts, say sir
are admitted in the report. The question
then arises, in what way does this remova
from his district disqua'ify him for 8
sent 90 this floor! The constitution, sir, i.
plain on this subject. The 4tb section Of
the 4th article of that instrument provides
that "no pereon shall be member of the
House Of Representatives who shall not
have attained the age Of twenty lone years,
be a free white male citizen of the United
States, and have been on inhab;tant of this
State or Territory one year next preceding
election, and Gtkhc time of bic electi N, have
! u., actual residence of thirty days in the
county or distsict he may be chosen to rep
reeent.'' 'rhe 9Th section of the same nrti-
Gle, provides that Senators shall "possess
the qualifications of Representatives az to
residence and citizenship" There is moth.
ing in either OF these provisions of the con-
stitution whereby it may even be inferrcd
that an individual Is required 10 continue
to reside in his county or district during
the entire period for which he is elected.
On the contrary, should infer the very op-
poste of this. Why, then, gentlemen
ask, is this thirty days residence required
| lift is not 10 be continued? The reason,
sir, is obvious. Its to prevent demagogues
! from palming themselves off on the people
,h1p fhn,, -.
after he has resided among them, and they
have chosen him as their representative,
and endorsed him as their public servant,
and tasy arc satistied that he should remove
from the district in which he was elected
ard reside in another, the trainers of the
constitution have wisely RETAINED from de
priving them o.! this right. This, sir, /
conceive to be the spirit the constitution.
And it must be remembered, Mr.. President,
that the constitution in tins matter is our
guide. 1t defines the landmarks to which we
way 60, and beyond which we shall not 60.
It's language is plain and explicit, and gen
tlemen may draw what differences from It
they wish; but they can make it mean moth
ing more nor less. 1t is true, by q system
loftorced construction. it may DO made to
mean almost anything. But. sir, for one /
| arn not disposed to sanction this mode of
construction. It would be an act Of inius.
tice to the gentleman whose seat is called
in question. ! do not consider it necessary.
Mr.. President. to cite other authority to
sustain this position; for, es | before re-
marked, the language of our own constitu-
ton is so plain on this subject, that it can
not be misunderstood. The gentlemen ofthe
opposition know that our law books are fi,ll
of such authority. shall content myself.
therefore, on this occasion. with reading
q few paragraphs from Story's comrlenta-
ries on the constitution Of the United States.
to which my attention has been directed BY
the gentleman from Cedar Mr.. Bissell.) 1t
will be remembered that the require ments
Of the constitution Of the United States,
relative to members Of Congress, are similar
10 those ofour own, relative to members Of
the general assembly. That instrument
requires ot.a representative, that he shall,
.",Dhen elected, be an inhabitant Of the State
in which he shall be Chosen In reference
to this clauee, Judge Story remarks:
.'Thirdly, in regard to ;nhabitancy. It
is required that the representative shall,
when elected, be an inhabitant Of the State
in which he shall lie chosen. The object Of
this clause, doubtless, was TO secure an ut
tachment to, and just representation of.
the interests Of the State in the national
councils. 1t ives supposed that an iuhab-
tant would feel deeper concern; and pos
sess . more enlightened view oftho various
interests ofhis constituents, than q mere
stranger. And ut all events. he would
generally possess more entirely their sym
patty and confidence. tits observable that
The inhabitancy required. is within the
State, and not within any particular dis
trict Of the State in which the member is
chosen. In England, in former times, it
was required that al the members of the
House Of Commons should b. inhabitants Of
the place for which they were chosen. But
this was for long time toholy dis,egardcd
IN practice, and was Of length repealed by
the statute ofl4 Geo. 3, CHI. So. This c1r-
cunsstaa,ce Dc NOT q litle remarkable in par
iiamenfary hisiory; and IL eslabIishes, in a
gerry striking manner, Io,o lille more theo-
ry cat, be regarded In matters Of goOern-
ment. 1t was found by experience, that
boroughs and cities are often better repre-
sented BY men Of eminence and known pa
triotism, who were strangers to them, than
BY those chosen from their own sicinage.