The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-03-25

under sentence Of death, for supposed
violation Of the national faith, which no
one understood, and which at times was
the subject Of the mockery of all, or the
Punishment from his home, his family and
his country. with or without an alleged
cause; that it was the act, not of single
tyrant or hated aristocracy, but of his as
sembled countrymen. Far differen, is the
power Of our sovereignty. It can inter-
fere with no ones faith, prescribe forms
Of worship for no ones observance, infict
no punishment but after well ascer;ained
guilt, the result of investigation under
rules prescribed by the Constitution it.
self. These precious privileges. and
those scarcely less important, Of giving
expression to his thoughts and opinions,
either by writing or speaking, unrestrain-
ed but by the liability for injury to others,
and that of full participation in all the
advantages which flow from the Govern
ment, the acknowledged property Of all,
the American citizen derives from no
charter granted by his fellow-man. He
claims them because he is himself man,
fashioned by the same Almighty hand as
the rest Of his species, and entitled to a
full share Of the blessings with which he
has endowed them. Notwithstanding the
limited sovereignty possessed by the Peo-
! pie of the United States, and the restricted
grant of power to the Government which
i they have adopted, enough has beer given
to accomplish all the objects for which it
was created. 1t has been found power
full in war, and hitherto, justice has been
administered, an intimate union effected,
domestic tranquility preserved, and per-
sonal liberty secured to the citizen. AS
was TO be expected, however, from the
defect of language, and the necessarily
sententious manner in which the Consti-
tuition is written, disputes have arisen as
to the amount of power which it has act.
ually granted, or was intended to grant
J, This is more particularly the case in
. relation to that part of the instrument
;. which treats Of the legislative branch
And not only as regards the exercise Of
powers claimed under general clause
giving that body the authority to pass all
laws necessary to carry into effect the
, specified powers, but in relation to the
: latter, also. It is however, consolatory
: to reflect, that most of the instances of al
legged departure from the letter or spiri
) of the constitution, have ultimately re
ceived the sanction of majority of the
!, people. And The fact that many of ou
t statesmen, most distinguished for talen
t and patriotism. have been. at one time o.
other of their political career, ON boil
sides of each Of the most warmly dispu
ted questions, forces upon us the Inference
that the errors, if errors they were. are at
tributable tc the intrinsic difficulty, il
; many instances, of ascertaining the inten
: tons of the trainers Of the constitution
J. rather than the influence of any siniste
: or unpatriotic motive. But the grea
3 danger to our institutions does not appea
) to me to be in ausurpation by the govern
t ment Of power not granted by the people
: but by the accumulation, in one of the de
r partments, of that which was assigned I,
: others. Limited as are the powers which
: have been granted, still enough may hav
: been granted to constitute despotism. j
: concentrated in one of the departments
0 This danger is greatly heightened, as
: has been always observable that men ar
: less jealous Of encroachments of one de
o partment upon another, than upon thel
: own reserved rights. When the const
n tuition of the United States first came frou
O the hands ofthe Convention which fnrme
i it, many of the sternest Republicans 0
v the day were alarmed at the extent of tn
J, power which had been granted to tn
81 federal government, and more particular
l. ly of that portion which had been assigne
v to the executive branch. There were j
it features which appeared not to be
,r harmony with their ideas Of a simple rel
"a resentative Democracy or Republic. An
III knowing the tendency Of power to increas
IN itself, particularly when exercised by
Is single individual, predictions were mao
Y. that, at no very remote period, the goV
ID eminent would terminate in virtual MOI
as archy. 1t would not become me to sa
70 that the fears of these patriots have bee
t. already realized. But, as sincerely b
It, lieve that the tendency of measures. ar
Id of mems opinions, for some years pas
to has been in that direction, tits. conceiv
,e strictly proper that should take this o
$, casion TO repeat the assurances hal
r. heretofore given, of my determination
I'd arrest the progress of tina. tendency, if
rs really exists, and restore the governme
ii to its pristine health and vigor, as far
s., this can be effected by any legitimate e
ty ercise Of the power placedi in my hands
ali / proceed to state in as summary
m manner as / can, my opinion Of the sou
t, ces of the evils which have been so e
no tensively complained Of, and the CORE
no tives which may be applied. Some
e. the former are unquestionably to be foul
On in the defects Of the Constitution; Other
Il. in nv iudpment. are attributable to a I'M