The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1848-02-24

rcialiution--n lust harvest OF the seed s0wn
last winicr. But we claim to have been
governed by higher and noble principles
the law at retaliation, though in this case
well mcriied, WINS not the rule by which
we have been guided. We had taken s,!-
eUn oa,hs OF oiiicc-wc hnd sworn 10 sup
port the constiiution-and we could no, be-
iievc that to consent to go into joint con-
vcntion with seats filed by persons who
were clearly, palpably disqualified from
holding thcm-who Us has been said had
no more right 10 them than SO many Win.
nebago lndians-woud be supporting the
constitution. We took our stand bv the
side OF the constitution, We planted our
selves upon its firm basis-conscious that
# wc should be dashed away by the surgcs
of party strife, VIC should have the mourn
iul satisfaction Of knowing TINT We should
DC but partial sufferers in a common disas-
ter. We took this position, not to 90 into
ballo, with sen,s filled in fragrant violation
at the constitution, not rccklcssly, but de-
'ibcratcly-nnd we IRE content to abide
tho issue before that tribunal TO which the
appeal has been taken-conlidcnt that the
discernmcnt, good sense and patriotism Of
the people will prompt them 10 just dccis-
ion.
Committees Of investigation were APP
pointed nearly simultaneously in both
branches, to inquire into the rsll, o( four
membets 10 seats; Of Mr.. kinsman of the
iionsc, md of Messrs. Darts. Baker and
Whitaker Of the Senate. A repor, Of tho
causes al disqualification and Of the action
at the respective Houses in relation to
them, you have doubtless seen or will see.
among the proceedings published in the
newspapers. In the House the sea, of Mr..
kinsman was declared vacant hy vote of
twenty 10 eighteen. Mr.. Clifton from Lee,
voting with the Wings. In the Senate tho
seats Of Mcssrs. Davis and Baker were sus-
tanned by strict party vote, against the
strongest facts, md MS we believe, tho
PLANES, provisions al tho Constitution
The report ci tho investigating committee
| in tho case Of Mr. Davis establish three
disqualiying causes, namely, resignation.
the acceptance Of lucrative Office md re-
mova from his district. The fact o( rcsig-
nation was not admitted in the report Of
the majority of that committee, (AIcssre.
Benton and Brnd!ey.) although il was nd
miltod in that report tia, il was establish
ed by tho evidence that the sitting men,
her had accepted a lucrative Office, mud Ind
removed from his district. How 90 YOU
suppose these admitted facts were disposed
81! The FIRST by stating in substance, that
although n lucrative Office md incampaii-
bic with that al member ni the General
Assembly, yet it did not work vacation
Of tho seat. And why not? Because be-
ing IN Incompatible otli,o, the member had
M power TO accep, it. The other fact WINS
disposed Of negatively by saving that the
committee were Of "op;nion that the reno
val of member from his district SUISSE
qncnt To his election and admission 10
scat in the General Assembly, does not
disqualii? him from holding the same, and
discharging the duties Of his Office See
report when published Of Messrs. Benton
aud Bradley in this cnsc, md for tho evil
dencc taken and reported by The commit.
Tee, md brief consideration Of the princi.
pies Involved therein, see the report Of the
chairman of TINT commtiec made 10 the
ScAate nj the same time with the report Of
Mr.. Benton.
In the case Of Mr.. Baker il was cstab.
lishcl by the voluntary admissions Of that
gentleman, that since the adjournment 81
the first session of tho General Assembly.
he had been elected TO and had accepted Of
the Office Of Prosecuting Attorney for the
county Of Posk-had bccn qualified by taking
the oa,h and giving the bond required by
law, an! Ind entered upon the discharge Of
It's duties. Compare this office with the
..2d section oi the 18th article nf the Consti-
tuition, aud sec whether il lie not incnmpat-
blc with eligibility to the General Assem-
bly,; mud then it YOU arc DESTROYS 81 remov-
ing the last ves,igc of doubt from the sub
iect, turn to section first Of the same article
which declares
"Thc powers Of the government Of Iowa
shall be divided into three separate depart
men.s; the legislative, tho executive, and
judicial; and no person charged with the
exercise Of powers properly belonging TO
one OF these departments, shall exercise
any function nppcrtaining to either Of tho
others, except in cases hereinafter express
y directed or permitted.
And then turn to the fifth section Of tho
sixth article under tho head of judicial de-
partmcnf md see 10 which department Of
the government the office Of Prosecuting
Attorney belongs. How is il imagined
this stubborn obstacle was surmounted?
In the same sage and conclusive manner as
in tho case Of the member from Wapcl!o
and Marion, by declaring that the mcmhcr
had no power 10 accept thnt office and that
his acts in that capacity were null and void
Is further comment necessary?
In the case of Mr.. Whitaker, the CON-