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

trlots oil the revolution struggled to estab-
lish upon firm basis in this country
they are the main pillars of the great prin-
ciples embodied in the declaration of indie
pendence. They are found inthe organic
law of every State in the Union. Let us
remember that we are treading upon "holy
ground" and give heed to the teachings of
the voice from the "burping BUSH"
In the 18th section of the bill of rights
ii is declared that 'scruel and unusual
punishments shall not be inflicted"
Sir, the bill under consideration if it
shall take effect, involves punishment
so unusual as to be without example or
analogy, and as cruelas it is UNUSUAL. A
sentence Of outlawry,I believe, is the last
degree Of punishment in countries, where
cruel and unusual punishments are per-
n'iited. Here you propose to reduce an
integral section Of your State, a municipal
corporation, whole community, men,
women and children, to the same wretched
condition, depriving them Of the admin
istration Of justice, Of the laws of marriage
-entailing upon them illegitimacy and all
its evils-of the laws of probate-of the
writ OF habeas corpus-and oftrial by Jury
of the rights OF suffrage and of citizen
ship. One act more--confscate their
property and the tyranny and infamy of
this measure would be alike complete
Sir, death itself has been preferred TO
punishment less grievous than this. In
the days which are said to have tried
mems souls distinguished patriot ex-
claimed, in the very ears of minions Of the
crown, and amid cries of treason, "giye
me liberty or give me death"--nobly pre-
ferring death to those infringements Of lib
er,y perpetrated by the British parliament
and crown--and what were they compar-
ed to those involved in this act?
But it has been said, let them go out of
the State. Sir, let it be remembered that
they have homes there and local attach
ments-and many of them are poor and
unable TO get away. But this is not the
question. The question is, have you the
power to inflict upon them this sscruel and
unusual punishment"
The 2lst section of your bill of rights
declares that emo bill Of attainder,ex post
facto law, or law impairing the obligation
of contracts shall ever be passed.
What is this measure but palpablc Vi
olaiion of this provision of your bill OF
rights? What is bill of attainder, but a
legislative conviction for an act, which,
when done, involved no crime or offence
against the laws of the land? This bill
is virtual bill Of attainder, just as much
so, as if il were expressed in its title. II
is worse, It is condemnation not only
without trial, bnt without cause, because
men must lose their reason, before the free
exercise Of the right of suffrage, must be
regarded as deserving the terrible vista.
ton, which you propose to infiict upon
this people by the passage of this BILL
Sir. it cannot be disguised tina, the vote of
this county, at the August and November
elections, is the spring board from which
this measure has leaped into existence
This is the head and front Of their Offend
ing.
Besides are there not vested rights here,
which you may not disturb? Are there
not contracts here which you may not i'm
pair? Officers have been elected for
specific terms-have qualified and enter
ed upon their Acknowledgements have
been rendered before justices of the peace.
Can you aln,ul the one, or impair the 9TH
er?
SO much, sir, for the bill Of rights. l
will now call the attention of Senators to
one other provision of the constitution
Section Cd of article IL, declares that
"No new county shall be laid off here
after, nor old county reduced TO less con-
tents than four hundred and thirty two
square miles,
This clause of the constitution presents,
as conceive, an insuperable obstacle to
the passage of this bill. When county
has once been established, it becomes an
sold county, in the sense here intended
and being SO we have no power to re-
duce il to a less area than four hundred
and thirty two square miles-and if We
have no power thus TO reduce it, much
less have we power to reduce it TO Meth
ing. II we have no power under the con-
stitution to reduce the county of johnson
TO a less area than four hundred and tbir-
tv two square miles, surely it will not be
contended that we have the right to strike
the county from existence, by attaching a
part OF it to Mnscatine, part to Linn,
part TO Iowa, and the residue to Wash
ington. The argument applies with equal
force to the county Of Pottawattamie.
There is another great question involv-
ed in this measure, and which demands
our consideration, even if there were no
constitutional objections against the pas
sage of this bill. 1t is the nature Of the
consequences flowing from the act itself.
They are evidently against public policy
and public morals-and being so would
constrain our courts 10 declare il void
II is obvious, repeat, that this act is "a
gainst both public policy and public NOR
ais. To distranchise some 1000 or 5000
citizens of the State, would be regarded
by any tribunal as against public policy,
to take from them the wholesome restraints
of law, 10 entail upon them bigamy, and
illegitimacy, and their kindred vices and
evils would as readily be declared to be
against public morals.
Allow me to ask, who and what are the
inhabitants of this county-and TO glance
moment at their history. They num-
Der as understand and have minated