Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-05-28
The New Constitution.

City, adjourned on Tuesday Of last week.
after a session of about two weeks. We
have received a copy Of the Constitution
a. it was passed by this Convention, and
shall publish i, in out next paper.
Several Improvements have. heer made
on the old Constitution. Among these
improvements may be mentioned as most
prominent. it's general phraseologv-.he
dispensing with the services Of Tieu,en-
i. an, governor and permitting each house
Of the general assembly to elect its own
officers complete erasure Of that part
of,he old Constitution. which gave th.T.eg.
islaiure power 10 repeal all acts Of incorpo.
ration and Oblitera,ing the clause which
declared ,ha, no public improvement could
he made on any land without the consen,
Of the owner, and also the clause which
makes individual Stockholders liable for
the debts Of corporations. These we
consider decided improvements and as
they were made in 40 shor, time and al
very LILLE expense. we think if the people
defeat the present Constitution in August
next. we may hope to see still farther
Improvements. which may make it accept.
able to the whole people, by the members
Of another Convention.
We have candidly referred to the i'm.
provements which are discoverable, and
we have mentioned all Of any note. We
shall now proceed 10 notice some Of the
misimprovements, which will induce a
great many to vote against this instrument
in Angus. next. These are absolute
Dorstings. pe-pe,raied perhaps to secure
the merit of originality in their projectors.
but lily calculated TO gain friends for the
new Constitution.
Neither party, as parties, are in favor
Of elecling Judges by the people. They
oppose the innovation not because there
is any lack Of capacity in the people to
make judicious seIec:ion-for there is
not--but tina. infinite mischief may grow
out Of the practice by blasting the judg.
ment and swaying the opinions of the
Judges themselves, who are dependen. on
the most influential for their elevation to
office. Upright, and we would almos,
say unnatural. must that candidate for a
reelection to Judgeship indeed be, who
would no, be apt TO decide case in favor
Of the rich and inhuential-.he man who
could command the most votes, rather
than the poor man who could command
none. But as miscEievous as This NAV
be, we consider the clause as i, now
stands for the election OF Supreme Judges
as more mischievou.. The new Cons,i.
tuition requires that the Judges Of the
Supreme Court be elected by joint vote
of both Houses Of The General Assembly.
There is always such chance for favor.
itsm and so much log rolling in our
Legislatures. tina, demagogues invariably
stand better chance of being selected
than meritorious and honest and capable
men. To speak plain, we believe as
general thing, that Legislatures are, as
bodies. corrupt and corrup,ible, and we
would sooner far, .rus, the election Of the
Supreme Judges to the people than to the
Legislature on joint ballot. The people,
according to the new Constitution are to
cleo. their Dis.ric. Judges, and why was
the distinction made so as to proven. them
from elec'ing the Supreme Judges also!
Ii i. is right and expedien! for them to
elect one set Of Judges we think their
right infringed in no. being permitted to
elect all. We however consider The Con.
s'ilution of the United States the best
model-nominated by the Executive.
confirmed by the Senate. If they are
to be elected by the people, much appre.
hended mischief we think nigh, be avoid. |
e9 BY making them ineligible for second |
Term.
But this is not the worst feature in the
new Constitution. neither Is j, much
variant from the old. The article on
has undergone me,amor.
phosis. which makes it so evidently and
thoroughly saturated with locofocoism a.
o drip its Corporation poison all over this
air land. So intent were they in des.
roying the big monsters and the little
monsters at one mastery blow. tina, they
'vershot their mark, making j, uncons.i-
uslonaI for city or county to issue scrip
n orders. as they have done, in lieu of
money. The old Constitution was a
'rea' deal more liberal. by giving the
'ower into the hands Of the people, where
ought 10 be. That all may see tina. we
o no, misrepresent, we give, in parallel
olumns, the clause on this subject in
9th Constitutions, the old and the new:
NE" CONSTITUTION. OLD CONSTITUTION
No corporate body TheIegislature ,bou
ial hereafter be crc- crcateno bank or hank.
.ed, renewed, or ex- ipp institution or 49,