Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1848-01-07


bition, when every page of history is full
of demonstrations that the same principle
has deluged the world with blood, and has
filed every town, hamlet and cottage Of
Europe with the tears of misery and woe
Ii is an axiom in moral philosophy, that
restraints are necessary to confine men
within proper bounds. 1t is upon this basis
that all well regulated governments are
esta bllshed, and 1T is for this reason that
1t Is necessary to have any government
at all. Were it otherwise - were men
perfect - you might abolish all laws, and
society would experience no inconveni-
ence. Or were men mere machines, O.
beying certain fixed and Interchangeable
laws, as do the planets in their revolutions
around the sun, and as does the solar svs-
tenn, II theories are true, IN its revolution
around the grand centre of the universe,
you might tear down every fabric of hu-
man legislation, and all would still pro-
coed peacefully ana tremendously. But
we act upon different hypothesis = upon
"A different fact. The members of the
human family may do good or evil, as
motives are presented to them, and re-
straints removed. Every code of laws
that was ever framed and published TO the
world, admits the necessity OF limiting in
some degree the rulers recognized there
IN; although it must be acknowledged
that in many instances the features of
desPotlsm and tyranny are by far too
prominent. 1t needs no fne-spun argu-
ment or subtle logic to establish the posi-
ton that there should be certain and well
defined limits to the prerogative Of every
officer of State. Upon any other suppo
sitlon the various departments would en-
croach upon each other, ard disc Ird, dis
may and ruin would be the inevitable con
sequence. The old ship would be tossed
about on the crazy waves of the ocean,
and dashed TO atoms against the rocks of
usuFpation and tyranny.
Why do we circumscribe and limit the
Executive and Legislative department .
Why are you jealous Of the reto- not ab
Soiuie, bnt qualified Usto, Of your Governor.
and Of the President Of the United States?
I GU say IT is Klngly-a Dictatori ]
power, and to some extent you are right
too am opposed to everything that looks
like Dictatorship. / detest that decree
OF the Roman Senate that empowered the
consul 8 10 take care that tie Republic re-
celoed no detriment. 1t opens the door to
unlimited oppression and misrule.
BY the proposed amendment, if adopt
ed, the line will be distinctly drawn be-
tween the Judge and the jury box. The
circle Of Popillius viii be drawn around
the Judge, beyond which, if he tread, the
strong arm of the law - the iron sinews
| of the constitution, will be stretched over
his head, which will make him know and
feel that he cannot trans9ress with impu
nifty. The judicial is the most important
branch OF government. 1t is all powerful
for veal or for woe. 1t may give force
and effect 70 an Enactment of the legis-
lature, or pronounce it void, 1t may take
away your property, your life, or your lib
erty. In u word, ii is the ruling power
still as the breeze, " Though dreadful as
the storm" Such functionary should
have some definite duties TO perform =
some powerful guards around it. | DO moi
purpose 10 introduce new principle, |
only claim recognition Of the old.
wish to reinstate the ancient trial by jury,
assigning to IT Its original prerogative, and
opening great gulf between il and the
bench. For one, have great confidence
IN the body of the people. They are gen
orally honest particularly so are they in
political affairs. There is no motive or
Inducement to be otherwise, any more
than there Is to defraud themselves. Ju-
ries are selected on short notice from
the body of the people, and necessarily
come forth possessing all their excellent
qualities and qualifications They are
usually composed of men of EVERYDAY.
unadulterated good, common sense =
men who in the great majority of cases
are more likely TO arrive at Just and fair
conclusions, and to deal on.
justice between man and man. than men