Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1846-02-07
For III. n~-.s,.

- H0AsToN, OIR:-AS thoAtime u
rapidly approaching, when il VIII beco,ns
the privilege, ~ well a. the duty of evess
citizen Of the Territory Of Iowa, 10 yo,.
for Delegates to a Convention TO form
Constitution for the future State Of Jow,.
| have thought it not improper; that n.
provisions Of the proposed Cons,;,n,;ae
should be freely canvassed, in ordsr M.
the persons selected as Delegates, shall
have as free knowledge of public opinion
as possible. Z
Witha view to elicit discussion Of n.
subject, and as a freeman to express M
opinions, ask place in your paper for,
few remarks which shall make. .No,h
ing is more certain than the indispensahi.
necessity Of government; and il Is eon.m..
undeniable, that whenever and how.ra-
is constituted, the people must cede "a !,
some OF their natural rights, in. orde, ~
vest it with requisite power" The ons.
ton then very naturally arises. Il u II.
extent Of cessicn necessary. w. III,
perhaps all agree, as to the general am,
lines OF the form OF government 10 he aaa...
tel, that is, in the NUMBER of denar,m.rr,.
into which it shall be divided and IN hs
outlines Of power to be vested in each
But as to the mode Of selecting the officer,
ofgovernment, their term Of Office. The 40.
tails OF powers 10 be vested in each or,bs
departments and the restrictions NJ cessarv
TO De thrown around each and all Of Them,
we shall lind men to differ widely. IT,
treat ofthese several subjects, and to brine
about a discussion of them, shall he nv
object. 1t will be proper for me to state
here, that il is not from consciousness u
the capacity TO do justice to the subject
that have undertaken it; for before am
done, it will appear supererogatory 10
state the contrary. But it is from desire
TO enlist other and ADLER pens than nv own
in the discussion, and by that means. ia
throw among the people all the information
which the circumstances present. An
opinion has obtained great extent. ana
especially in theWest, IN favor of MAKING
all, or nearly all officers Of government
elective, and for short periods Of time =
Indeed, this opinion has extended its in
fluence to several Of the old Slater: in So
much, that we find that every alteration
made In their Constitutions have tended
towards this point. We may then be con.
sidered as acting only in the spirit of the
age, by adopting this as fundamental
be asked, Cannot this principle be carried
too far, will not the election Of certain Of
! ficers by direct vote of the people, 10 some
extent destroy that independence of off,
cial character which is necessary TO faith
ful and proper discharge OF their duties
Are there not objections aud valid ones, 10
too frequent recurrence Of elections. In
answertuthe first; should say think there
arc, that though this uiay be an age Of i'm
! provement ana e pertinent, ye. il is nm
safe 10 make 10, great inovations upon those
! principles " Itch be, erned in the forma-
tin o! the Federal Constitution. That
notwithstanding those principles may not
in their fullest extent be applicable 70
State organizations, yet care should be OBJ
served in deviating from them. In an
swering the second, shall Gad myself
differing TO IA greater extent from some OF
Those, with whom have usually actedup-
on pc iiical subjects; yet il seems TO me
clear, that the reason which actuated the
framers Of the federal constitution, in di-
rectlng the mode Of selecting high judicial
officers, are correct; and apply to the pres
ent organization OF society, as well as ID
that then in existence; and although it
may not be very fattering to the people;
! yet inthe election oil Judges by their direct
vote, is not the better mode. In saving
this do not intend 10 lie understood as
saying that good men would not be select
Ell, but that influences would be broughitd
operate upon the eiicunbent, which would
have a tendency to vernality and cofrup-
ton; and which would be unknown under
dlfiereAt mode Of appointment. Nor do
believe all the men elected, would be IN
fluenced by Tie circumstances Of their cleo
toii TO an injurious extent, but il may be
set down as an established fact, that oil
men elected to important offices are in
iilenced lii a greater or less degree by
sort Of ser,ilty TO the power electing
/ them. In this case though some men may
not, and will not be 50 far influenced By il
as 10 do injustice to a political opponent, Of.
| to deviate in any way, from the path OF
rectitude; yet there will be others, who
will be disposed to court public favor, by
making their decisions according to the
popular feeling for the time. Il may be
argued on the other hand, that the fear Of
popular indignation will prevent such
result, and that the people themselves will
be able to apply the necessary corrections.
This TO some extent may be true, but the
unpopular acts will hare been consumated.
And demigogues will not find il difficnltto
deceive the people as to the real nature OF
their acts BY every plausible pretence- As
to the duration Of The terms Of cflice, / shall
agree to greater extent with my political
friends. For notwithstanding d too fire.
quent return of power 10 the people may,
and will be productive Of undue commc-
ton end excitement; yet experience has
shown, that a deviation from the federal
plans, in regard to the Judiciary is advis-
able. And although would not 60 so far
upon that subject, as the trainers Of our late
Constitution, think period should be set
to the term Of all judicial offices; that APP
pointments, whether by direct vote Of
the people or otherwise, should Be for
term Of years, and that the incumbents
should be placed, by the nature OF his APP