Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-02-18
TEEE CONSTITUTION.

For the Southport Ieegraph.
Mr.. EDlToR: A new Constitution is sub
mited to the people of Wisconsin, on which
they must shortly vote, and it becomes us
all to reflect upon the provisions of the in
strument, that we may vote understandngly
and with good conscience.
am opposed to the Constitution, and |
give you my reasons:
Ist. Il asserts that all men are born eqHai-
IL free and independent, and have certain
inherent rights; among these are life, llbcr-
ty, and the pursuit of happiness; to secure
these rights governments relnstltuted among
men, deriving their just powers from the
consent of tire governed; and yet in the teeth
of this declaration, the Constitution, in Artl-
Gle Sd, under the head Of Suffrage" viz
tuallv denies that men are "eQualiy free and
independent" it debars large portions of our
fellow men from inherent rights" and enA
deav0rs to institute government not dcr-
wing its powers "frOm the consent Of the
governed" A Constitution protesting cru
tifude 10 .4lntighfy God for oar .treedom,
and at the same time committing SO great an
Injustice against natural rights, and the free
dom of our fellow beings children Of the
same God with ourselves, never can be vo-
ted for by any person without bringing on
himseIfthe guilt Of faIsehood and hypocrisy.
2nd In the declaration of rights, the
Constitution says the jury "Shah' have
the right to determine law and fact; the right
of consultation and petition "shaH' never
be abridged; the rightoftralby jury "shaN'
remain inviolate; excessive bail ''Sh0H not
be required; but in Section o of tEiat article
it asserts that every person is entitled TO
certain remedy in the laws, and he ''Ou @hf'
to obtain right and justice freely, without
being obliged to purchase it. Ay. indeed,
Then why So suddenly discontinue the use
of the powerful imperative "ShaH! p II
every person "ought" to obtain right and
justice freely, without paying for it, why
not say he ShaH"? The reason will be
found in Article Z, sec. IS, where that po-
tential word "shaH" again occurs, as fol-
lows:-" The legislature shall IMPOSE \ TAX
on all civil suits commenced or prosecuted
in the municipal, inferior, or circuit courts,
that is, in all courts to which persons resort
for civil remedies in the laws, for all injuries
or wrongs which they may receive in per-
son, property or character, and where the
declaration of rights says they fought" to
obtain right and justice freely, and without
being obliged to purchase it. Yes, but, the
trainers of the Constitution may reply, this
tax upon law suits, is not for obtaining right
and justice, but only for the payment Of the
salaries of the judges. As we'll might they
say that the fee paid to a lawyer is not paid
ior obtaining right and justice, but only for
he payment of the expenses OF living Of the
awyer and his family, or that the wages |
paid TO a working man, are not paid for OBJ
aiming his work, but only for the payment
IF the expenses of himself and family. Who
ire these Judges, whose salaries are to be
'aid by suitors at law! They are public !
'fficcrs. Of 'lIr bi-hcs, au'horltv, ins'i'u;ed !