The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1862-01-24
The Vacant seats.


A very animated discussion and close
vote occurred in the Senate the other day,
upon the admission of certain persons TO
seats left vacant in that body by members
who have "gone to the wars" The occa-
sion offered fine field for the display Of
Constitutional lore and legal aenmen, and
was amply improved.
The Senate decided that the seats of
Senators Bussey md Scott were vacant
This decision i. certainly. and despite
technical bubbles, exactly right, and in
accordance with the undoubted intention
and spirit of the Constitution.
The Senate also decided, but BY only a
single vote, that persons claiming their
seats by virtue Of the autumnal election
were not entitled to take and hold them.
And this decision we regard as entirely
right and proper. The provision Of the
Constitution simply declares that no per-
son holding lucrative Office, &C., shall
be eligible to hold seat in the General
Assembly. Now Senators Bussey and
Scott accepted positions in the army, but
did not resign their seats in the Senate.
The war might have closed before the
Legislature met. or the members might
have resigned their positions in the army
and come back to take their seats. In
either case they would have been entitled
to their seats. without doubt. And
even If the Governor had ordered an cleo.
ton IS prescribed by the Constitution in
cases of vacancy, which be did not do in
these cases, we do not believe Bussey and
Scott could have been ousted from their
seats, had the war closed or they re-
signed their positions in the army before
the meeting of the Legislature. At oil
events, vacancy is question of law as
well asof fact, and it is neither proper
nor safe to assume it and proceed with the
election OF a successor, without formal
authority And if neither the Governors
proclamation nor the declaration of n va :
cancy by the Legislature be necessary
condition precedent to an election, then
there is no valid reason why an election
may not be had at any regular election
Tor successor to any member of the Gen
erai Assembly. And the election having
taken place, the whole subject matter is
thrown open for investigation and deci-
sion by the Senate and House, as the case
may be.
suppose some member of the Leeisla-
ture had been appointed Postmaster at an
anterior village, and thereupon some fellow
had concluded that his seat was vacated
and announced himself as a candidate
and thereupon received few votes and
claimed his seat. And upon full and
complete investigation of the matter it
should turn out, contrary to his own in
preston, that the Postmasters compensa-
ton actually amounted to the sum Of one
hundred dollars and one cent. Now. al
though it might be well enough to declare
The seat vacant, because the compensation
excesded one hundred dollars, it would
not be IN accordance with common sense
or the spirit and provisions Of the Consti.
tuition to decide that the fellow who re-.
ceived half dozen votes at the fall
election was entitled to eli the yacan, seat
lhe Senate or the House has right Ia
declare vacancy but they have no RICH,
10 eject successor, nor to disregard the
constitutional prerequisites of an cleo.
ton.
a similar case in principle is now be.
lore Congress from this State. lie Grand
bylngton took 1t into his head that Col
sandever was not eligible to a seat in thai
Dody IN consequence Of his acceptance Of
. Colonelcy in the army Thereupou By.
ington, without any resignation of his
seat BY Vandeyer. or any proclamation Of
avacancy or for an election BY the Cover.
nor, announced himself as candidate
and at the election received small frac.
tion OF the votes of the District If the
view OF the Constitution and law and Of
the rights and duties Of the Senate, in
the premises taken By the minority be
correct, then Byincton would be entitled
to Wanderers seat in Congress. although
be received Blu. tithe Of the votes cast
aid would have been beaten three to one
had my body run against him.