Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1849-01-18

lection" and what is that but sswaging
war against them?' To pass this bill,
therefore, would mark our character by
acts which would define tyrant, and rem
der us obnoxious to the charge Of being
'unfit to be the rulers Of a free people,"
And SO the world would regard it-and so
the people of this State, the honest yeo-
many of all parties, who have "no enc
mics to punish,'' and no ambition but to
do right, and to serve their country by
their duties as good citizens,
will regard it. And why does the domi-
nant party in these halls seek to do i'll
say dominant party, because judging from
the vote on the passage of the bill in an
other house, it would appear to be party
it on account of the religion
or politics Of the people of that county
If not these, on what ground is it that you
seek to cast them out Of the pale Of every
civil enjoyment? denying them the Fright
of representation" and the right of sut-
frage, "rights inestimabe to them and for
midable TO tyrants only" They are set
of "ianatics and outlaws" are they?
When the bill for the establishment of ju-
dicial districts, and which excluded Pot
tawattomie county, was before the Senate
the other day, the Senator from Desmoines,
(Mr. Browning, )requested that the friends
Of the bill would give some reasons, If
they had any, for excluding that county.
The reply from the other side Of the cham
Der was, "they are set Of fanatics and
outlaws" That bill proposed to deprive
them Of the benefits Of the judiciary only
this, to take away from them all their
civil rights, and still because they are 'fan-
atics and outlaws In other ages, in
darker periods Of mans history, these
might have been held sufficient reasons 10
justify an act SO atrocious and tyrannical,
but in our day and generation, it seems to
me, that ii could have given none better.
l should have planted myself upon Fall
staff's platform and given none.
Are they denounced as fanatics be-
cause Of the peculiarly of their religious
tenets, and is it, therefore, that they are
threatened with this terrible anathema?
If so, we have as much right TO turn our
avenging power agains, any other county
in the State, majority of whose inhabi-
tants happen to have the misfortune 10
differ with us in religion. But shall not
waste words upon this branch of the sub
jec.. If their being s'fanatics" were the
real cause OF this proceeding, the fourth
section of your bill of rights which declares
that ''no person shall be deprived of his
rights, privileges or capacities, or disqual-
flied from the performance Of any Of his
public or private duties in consequence Of
his opinions on the subject Of religion
would settle the question. And there
leave it, and pass to the consideration OF
other sections of the bill of rights. Section
9th declares that"all laws of general ma
tureshall have uniform operation"
In regard to this section two questions
arise. lst. What are claws Of general
nature?" I'd. What is meant by the
phrase "uniform operations" Twill NEIL
ton as examples of laws Of general ma
ture, your criminal laws, your judicial
laws, your election laws, your marriage
laws, your probate laws, and your laws
regulating the conveyance Of real estate.
These are to have "uniform operation u
over what? Over school district? Over
township? Over county? Over any
geographical division Of the State? Or
over the entire limits of the State, as de-
fined BY the constitution? Now if we have
power 10 annul the operation of any. or OF
all these laws in the county of Pottawata-
mic, by destroying its organization, it fol-
lows that we can do the same thing with
regard to Dubuque, Louisa, Desmoines,
or the empire county Of Lee, and indeed
with regard to every county in the State
And to what does the doctrine involved
in this measure lead, but to the overthrow
Of the constitution and the State govern
ment? Take for illustration yonr election
laws. If you can nullify them in one
county you can in all others. Without
law there can be no elections-and with
out elections, there can be no officers, Ell
Their State or county. after the terms ofthe
present incumbents expire. What then
would become of your government? In
view of these results who shall say we
have any constitutional right to pass this
bill? But again. Section 8 declares that
s'the right Of trial by jury shall remain
inviclaie." Where? Over what portion
of the State? The people Of Po;tawattamie
county now have this right by virtue Of
their organization; you propose to deprive
them Of it. Sir, | need not remind this
Senate, that the right of trial by jury is
Justly regarded as one of the great bull
warks of freedom, having its origin with
Magma Charter away back in the infancy
of liberty, wrung from the grasp ofdespot-
ism by the struggles and consecrated by the
blood o:the early patriots. You propose to
deprive, in this middle ofthe nineteenth CEN
fury, inthis republican land, a body OF 1000
of the citizens of your State, Of this great
right-a right enjoyed by the rneanest sub
iect Of the British crown. You cannot do il.
Your bill Of rights, framed by the people
of the State, for the protection ofall, wheth-
err bond or free, high or low, rich or poor,
Jew or gentle, turk, greek, christian, or
mormon, within its broad limits, and which
they alone can change, forbids it. The
genius of our institutions, OF the age, the
spirits of departed patriots, all forbid it.
Ii is a sacred right-touch it not.
pass to the consideration Of the 18th
- ~ LII ,r r;,biS ~ hi oh declare