Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1846-03-07
For IL Gaxetts.

Ma. EDf4oa:--ln enumerating the
checks and reAtrictions, necessary to be
thrown around the several departments Of
government, we are led to the enquiry,
for what purpose do We adopt constitu-
ton. Is it simply for the purpose Of CIV
ing existence, to the several departments
and officers Of government, or shall It 60
further, and prescribe the duties and pow
ers Of each, and set limit to those powers
and duties. lam one Of those who believe
the powers and duties Of the State Offices,
shall be prescribed and limited SO far as
can be done; and yet have steady and
efficient government. And would espe-
cially limit the action Of the Legislature,
upon subjects likely to lead 70 excessive
or improper legislation. Its now no lon
ger problematical, that legislatures, as well
as individuals, may be carried away by
strong popular excitements. Coming as
the members do from among the people,
they must be supposed to be influenced by
a common feeling with the people. And
if forcible examples were required to prove
the truth Of the statement, we have but TO
look to the States Of Illinois, Indiana and
Michigan; to their systems Of internal inn
provement and banking. And indeed, as
these distinctions may he invidious might
include almost every State in the Union,
where immense evils have grown out Of
excessive legislation upon these subjects.
But some will say, a majority shall rule,
your system will not be truly demcratic if
such be not the case! Then why not adopt
that, as the one fundamental principle Of
government; and leave all the other de-
tails to be settled by the majority. This
would obviously be unwise and unsafe. 1t
would place the government in the hands
Of demagogues, and would inevitably lead
TO anarchy, confusion and despotism, it
would be little better than the simple form
ofdemocracy adopted by some Of the States
Of Greece, where the people met tngeth-
er in the market place, and enacted such
laws as they thought proper; and where
by their inconsistent legislation, under the
influence OF demagognes, they banished,
or put to death, their wisest men and
purest patriots. Since then it is necessary
to set limit to the action Of the majority;
and to prescribe rule by which they, in
common with the whole people. shall be
governed, let us extend that rule 10 all
subjects upon which experience and OBJ
servation has taught Us, excessive or I'M
considerate legislation is likely to produce
important evils. Let us not permit sim
gle triumph Of any party. to commit the
State to an injurious system of policy,
from which it cannot be extricated. BY
the creation ofvested rights in the incorpo-
ration of Manufacturing and Banking COM
panies, and in the creation OF a State debt,
or the adoption of system Of internal i'm
provement, the faith Of the State is ire
trievably pledged, and it is not in the pow
er Of the people, to recede from inconsid-
crate action upon these subjects, even
where the power is reserved 10 the Ley
islature to repeal or amend a charter upon
its being violated, its repeal or amend
ment is exceedingly difficult. Instance
the cases Of the Bank of Dubuque, and the
city charter of Nauvoo. In both these
cases, and especially that Of the Bank, the
power to repeal was reserved TO the Leg
isiature, yetH was not until a vast amount
Of evil had been done by it, that IFS repeal
was effected; and even now il is struggling
TO exist, in despite of legislative and Judi
cial condemnation. And this too, in the face
Of palpable violation Of its charter and
the grossest and most villainous frauds.
Many Of the States are so far involved
in debt as to be wholly unable to pay even
the interest, without the most distant pros
pect Of being able TO pay the principal or
any part Of it in an age. This must be
regarded as great evil, and is the result
ofinconsiderate legislation, growing out OF
sudden ebullition Of popular phrenzy
By guarding these and other vulnerable
points, the people will have time for calm
and deliberate reflection, and to bring into
operation that sober second thought, which
is their strongest safeguard. Demagogues
and smoothe-tongued orators, will not be
able, by getting up an excitement in the
Legislature, to spring upon them those
systems Of monopoly and swindling, by
which the wealthy and cunning part Of
community, manage to live on the labor Of
the poor and unwary. Those guards and
checks cannot affect or defeat the will Of
asteady and settled majority. For even If
it were declared in the Constitution, that no
Banking or Manufacturing incorporation
should be chartered, or State debt created,
yet steady and uniform majority Of the
people, would be able to accomplish their
purposes in favor Of those measures, BY
amending the Constitution. And in mat
tiers where the policy Of the State is TO be
settled, and determined BY single act.
where vested rights are created, from
which subsequent majority canuot re-
cede. none but settled and uniform ma
jority should govern. As for example,
there is, and has been since the formation Of
our Territorial form of government, a ma
jority Of democrats in the Territory, yet a
few years ago there was decided wing
majority in both branches Of the Legisla
tnre; and supposing that party to be in
favor Of Banks and monopolies, internal
improvement and its attendant. State
debt, ard the democratic party opposed to
those measures, that Legislature could
have fastened npon us the most odious sys-
ten ofBanks, monopolies, internal improve
ments, and State debts, in direct violation
Of the known, though not on that occasion
expressed will Of the people. III this, |
do not wish to be understood, as opposing
Ranks ~ cAh>. .~ot:cra >r,l ,nta.