Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-08


rights Of any man trampled upon without de-
nonncing the perpetrators ofthe deed, and ex.
pressing our indignant feelingsat the outrage.
Then, sir, let me present the case, and, by the
decisions of higher tribunals than this, by the
opinions of men of greater experience and more
profound learning than the Committee who re-
commend this resolution Ct ask ardon of the
illustrious dead, from whose writings l shall
read, for the comparision) and from the con-
clusions Of more intelligent, and may say, MORE
HONEST deliberatve bodies Than this, let me
prove the correctness Of my position. Experience
has taught us, sir, that stfor tle future we must
judge by the past'--that for or course Of actor
hefe,we must be guided by the lights which have
been placed before us, and governed by known
presidents, rule, and laws.
First, then, the gentleman is sought 10 be re-
moved from Office upon the fact Of his having
removed to county adioininethe district which
he was chosen to represent. Does this amount
TO vacation of Office? 1t has never, as far as
can learn, been SO decided. On the contrary,
there are numerous cases and instances where
the whole subject has been reviewed and decid-
ed, and invariably has the decfion been in favor
of the officer. Although an effort was made in
the Convention that framed Thu Constitution OF
the United State, TO engralt Upon fiat instru-
ment clause rendering the representative who
should remove from his district incapable Of
longer serving in that capacitl, yet it was de-
feated. (See Journal Convention, 9Th Aug,
p. 225.) And the section ofour Constitution
defining the necessary qualifications Of Repre-
sentatives, being copied from te Constitution of
the United States, with this Inference only
our Constitution requiring residence of one
year in the State, and THIaTYpAYs BEFORE the
election in the district which be was chosen to
represent;' and the Constitution of the United
States requiring "resdence Il seven years in
the United States, and that re fhall, when elect
ed, be an inhabitant of that Site in which he
shall be chosen.'' Most assuridly will the con-
stuction that has been put upon the one apply
TO the other. for one, sir, hn, willing to be
governed, TO some extent. by he views Of men
OF greater experience and knowledge than my
self. In matter of few dollars, involving
question of law or equity, AMI gentleman upon
this floor would consult some berson learned in
the law, or he would gathei from the books
what information he could; nd the opinion of
his counsel, or the doctrine lid down in books,
would govern his action and otermine for him
the justice Of his case. How mich more weight,
then, should the opinion Of earned men. and
doctrines universally acknowledged, have in
matters Of SO great importance as that now in
agitation. Upon the question of inhabitancy,
Mr.. Justice Story, in The I'd -ol of his Com
mentaries on the Constitution of the United
NlaEes, page 70, says:
cit is required that the representative shall,
WHEN ELECTED, be an inhtbitant of the State
III which lie shall be chosen. The omission to
provide that a SUBSEQUENT NoN-REsIDENcE
shall be vacation Of the aat, may in some
measure defeat the policy of,he original limita-
lon. For it has happened, in more than one in
stance. that member has AFTER HIS ELEc-
TON, REMOVED TO ANOTHER STATE and there
by ceased to have that intimate intercourse
with, and dependence pnon his constituents, up
on winch 80 lnu.t Vaiue has been placed
Hence, it seems that, although the great neces-
sity of such provision in the Constitution is
readily admitted by this learned Commentator,
yet the want OF if is treated as an emission and
defect that cannot be supplied even By state
legislation. and the only way to remedy the
error, is, by amending the Constitution. If the
American Congress has not the right to inter-
fere with the members taking his seat, who
has. after his election removed out of the State
which he was chosen 20 represent, much less
has this House the power, in its legislative ca
pacity, to pass a resolution OF expulsion with
less han the constitutional majority Of two
thirds. 1t sounds harsh, sir, upon The ears of
sensitive gentlemen, to use the term 'sexpu!-
sio;' yet, at the same time. it is no less severe to
DECLARE A SEAT VACANT. Ii but an evasion
OF the one, substituting the nilder, but no less
efectual term, in its stead. 1.-THE member from
Jasper IS deprived Of his seat, it must be by ex-
puision. 1t matters not how you may attempt
to justify your act, by declaring vacancy Of
his seat il is in fact species Of rIrATIcAL
plumber, legalized by self constituted MAORI
~. ask gentlemen by what authority they
now proceed to enquire into the qualifications of
the member from Jasper? Is it under the Con-
stitu'ion? Under that instrument they have
once decided that he was duly elected. legally
OnaiiJfl an1 ROT, Ic ~ b,, tho
operation Of an express statute? In turning
over the pages Of cur laws, ] see no provision
that will warrant them in so doing. Are they
governed by precedent? Such an instance is
recorded Of the French Reyoluiionists alone,
who were drunken with temporary power and
maddened 10 desperation by the certainty of the
ingiofious defeat tat was TO overtake them; and
am tempted 10 think, sir, that but for the lack
oil nerve, the counterpart OF those PATRIOTIC
scenes would be played here in this small do
vain of anarchy, The House Of Representatives
OF Iowa! The question of eligibility, referring
alone TO The s'caracity to be eiected at the time
OF election, is, most certainly, iI-tined and out
OF place TO be agitated now. The majority Of
inns house either misconceive their duties, or
Wiiiuliy violate what they know to be right,
just and honorable in this respect
mat this question of eligibility refers to the
capacity OF the person to be elected, at the
tiine OF his election, | need only to cite Mr..
story on the Constitution, and his construction
ana explanation of that section of that instru-
ment will apply with equal force TO our con-
sututlon. He says: otis obvious that a pow
er must be lodged somewhere to Judge of the
QUALIFICATIONS, ELECTIONS and RETURNS of
tne members OF each house composing the Leg
stature; for otherwise there could be no certain
~ as to WHO WERE LEGITIMATELY CHOSEN
MEMBERS, and any intruder might claim seat,
and thus tramp.e upon the rights and privileges,
and Liberties OF the people,' g VOL Story on
constitution, p 294). Where is this power
LOGGED? ls in each house. And for what
purpose is it there lodged? For the purpose of
ascertaining "who is legtimate!y chosen''-
not for the purpose OF making them the engine
OF expulsion by one man majority; for the Con-
s{i tuition makes defnite provision for that man.
ner OF procedure. tits obvious that its intent
is clearly defined by Mr.. Story, or the necess-
ty OF the rule requiringa majority of two thirds
to expel member is by this section superced-
ed.
There are cases in point nearer home however
Gases that come within our immediate knowl-
edge-cases that have arisen in our own Terri
tory and the adjoining State of Illinois. In 1898,
"James M. Clark (Whlg) was elected mem
Der of the Legislative Council Of the Territory
OF Iowa. After the regular session was over.
he moved to Wisconsin. After his removal an.
extra session was called, ard Clark returned
from Wisconsin, resumed his seat, and was e.
lected President of that body, at Burlington"
This is case. sir, that MANY gentlemen upon