Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1848-02-05

~ "oo"J 10 iutouuceO ana carried through
one branch, bot In the other, they lack one
member of carrying GU. their object, The
Legislature adjonrns and one Of the members
south, IN that branch Of the Legislature when
the tavori'e bill failed. volunteers to 90 10
Mexico. The Governor being privy to the
whole affair, convenes the Legislature by
proclamation; refuses TO order new election
IN the case Of the member who has gone TO
Mexico (because according to his doctrine
there is no vacancy. there having been no re.
sgnailon) notwithstanding the south remon-
stra'es against the Iowa city members ia.
king their seats as their representatives; that
they have no interest in common with them;
but in spite of all thei: entrea,ies, they assem-.
Bile at The appointed time-and the gentleman
(H'sl doctrine PREVAILS that there is nothing
that can disquaify after elec,ion-,hey pass
law that three. fourth of the sovereign people
are opposed to,and one against the interests Of
their prenended constituents. Sir. if such
doctrine prevails, away goes our Democratic
form of eovernment--dow falls our represen.
ta,lve system, and The Few rule 10 the ruin Of
the macy. The attorney fc. Kinsman Insists
upon "s'rlct construction Of the consitn.
tlon;' says the wings are too Sc la,i.uGinous in
their construction" AS an answer to tina,
part OF the gen'lemans argument. would re-
fer him TO Pet,is' speech in Congress on
Folks veto Of the River and Harbor bill. He
might possibly enlighen his mind by care.
full pe!usal Of that argument. Mr.. II. quotes
largely from Judge Story and comments with
great earnestness, and the substance Of what
Story says, is, that tie constitution must be
construed according to its spirit and intent !;
muSf have a fair rom non cameo oopc tyuotio,
land this SIT is all we ask. Mr.. H. has ci.
ted similar instances in other States where, he
says; they were all entitled to hold their seats
the case from Pike county, Illinois, which
he referred 10, is Of an entirely difsren, char
acIer. The attorney (H. says that Kerr was
elected member of the House of Representa-.
tlves, and after the adjournment of tina, body
a, its regular session. he moved to Iowa Terri.
tory; afterwards the Governor issued his proc.
lama,lon converting the Legislature of that
Stale, Kerr having left the State, a new cleo
ton was ordered, and one Love was elected,
Kerr hearing Of the proclamation Of the Gov
ernor, returned and both Kerr and Love were
claiming seats, and the seat was awarded TO
Kerr Gas ne says) on the ground that he pos
sessed the requisite qualifications when elect
ed. Now sit, the learned attorney is either
wllfuliy or ignoranty wrong. He knows moth.
ing Of the case, or else he wishes 10 convert i,
10 his own use at the sacrifice Of truth. The
fact Of the case is, that Kerr was absent as an
agent Of the General Government, and had not
changed his domicil. Aud upon iha, point,
aud tina, point alone did the decision of the
House turn. The other cases the attorney re
ferred TO, he has done upon his own assump.
ton. without referring TO any proof. Ard it
is but reasonable to conclude that he is as far
from the truth in the other case as he is 10
the case from Illinois. and appeal to every
honest man, WHO knows anything Of the his
tory OF that case, for The truth Of what say.
Mr.. III Insists thai there is no resignation on
the part Of Mr.. Know for the proof Mr..
X. told Col. Warren, that he had resigned -
Il. tora ",iii ns IN ad resigned od M. saw
yer that he had written to the Governor, tina,
his seat was vacant; told Smith also tina, he
had written to the Gosernor, tina, he had mo.
we'd from his disl!ict--so that the Governor
might have the vacancy filled, what stronger
evidence could be presented TO a jury, in proof
Of any fact. four good and respectable witness
es who for veracity none stands higher; have
testified to the same fact; tina. X. had resign
ed and that they learned it from KS own ad.
mission. Bat Mr.. Fl. objects TO this kim of
testimony, says ii deserves no credit, because
there is higher and better testimony -,he let
ter Of resignation itself.
The rule of law is, tina. when there is writ.
ten evidence Of any fact, that evidence mus.
be produced or its absence accounted for and
in this case we have shown that the evidence
reported by the committee is the bes. evidence
that can be had. The Governor has been cal.
led upon for the letter or lis contents, he saws
he never received any such letter from Mr..
kinsmaG; says all tia, he received was Letter
from the clerk of the board of county com
msioners of Jasper county, under the seal of
the court, notifying him Of the removal Of Mr..
X. from his district. Thus il will he seen
that the letter could not be obtained, and in its
absence The next best proof is the admissions
Of Mr.. Il. TO prove It's contents. But the at.
torney for Mr.. X, says that il takes two to
make bargain-,hat it is no resignation IN.
less the Governor accepts it. This is truly
a strange doctrine !; that member Of the Leg
islature cannot resign without consulting his
Excelency, the Governor. This however is
mere assertion of Mr.. H. attorney TO relieve
himself of bad case. There is neither rea.
son nor common sense in such doctrine. Mr..
X. done all tina. was in his power TO resign
as appears from his own statement to witness.
es-and it is clearly shown that the Governor
was apprised Of his removal, by the letter Of
the clerk Of the board of county commission
ers in Jasper county, which is reported as
part Of the evidence. There is one thing
that does appear from The evidence and that
is. that two or three letters have either been
lost O! smugeIed-lhe sin lies a, some persons
door.
NoTE.-In the above have not elaborated upon
any branch Of the testimony, as cid not deem it
very import. think the case is better off in the
hnn cofAl llo,.