The miners' express. (Dubuque, Iowa) 1849-1854, 1850-09-25

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that the cause Of our having two branches at the
present day exists in the necessity of"checks and
balances which are supposed to be the necessa
~ result Of having more than one branch.
1t Is indeed true, that the origination of Sc
cond branch Of the Legislative Department arose
from the necessity which then existed for curb
ing the tyranny and restraining the licentious-
ness of those who till then had the exclusive con-
troll of Legislation; but in states like ours where
every citizen is entitled mot only to the elective
franchise but is also eligible to the highest as
well as the lowest Office, there can be no tyran-
ny to curb but that which the majority chooses
to sanction, and no RIGHTEOUSNESS to restrain but
that which public opinion allows to exist .
Before proceeding further in these remarks we
will advance few propositions which to US need
no comment to prove their truth.
The first is that wherever else out of America
you find two branches of Legislation, you also
find political distinctions made in favor of one
class and against another.
The second is that the origination of second
branch had its cause in the political distinctions
made between citizens Of the same state and was
tue erect OF NO OTHER NECESSITY.
The third is that the use of two branches be-
ing avowedly the necessary consequence of a
mixed government, or government who recog-
Misses one portion of mankind as noble and the
other as plebian, where the cause is removed,
where the distinction of classes no longer exists
the effect should also be removed as it is useful
for no other purpose.
Whoever grants the truth of these propositions
must also yield his assent to the inevitable con-
cluson that each citizen being equal to his fell
low in the eye of the law, there can be but one
body or class of people in political sense, and
one body containing in itself the Legislative
power whenever it chooses to exercise Legisla-
tive functions, it is just absurd in sense to sup.
pose that this power which is one, exercised by
the people as one can be better administered by
two, than by one, as it would be absurd and rid
iculous to divide the people themselves into bo-
dies whenever their will is necessary to be con-
suited. .~--.s-~
Every one knows that whenever it becomes
necessary to consult the people themselves, they
are consulted, not as two communities, but as
one, each individual being equal politically to any
other. This is the highest power they pos
sess:
The relation which the people bear to their re-
representatives. may be illustrated by the relation
which principal bears to his agent. Now how
absured would it not appear to any of COM
mon sense, if he should be subjected to the an
noyance ofconsulting two seperate agents on the
same business, and how much more annoying
would it be if each ofthese was determined to have
his own way.
Such precisely is the effect of having two sep
crate Independent and selfwiled agents to repre-
sent the people in a Legislature. The members
are not as sefwlled or selfimportant individually
as they are as the HOUSE or the SENATE. They
do not contend so much for individual opinions
and privileges they contend for the respect
that should be paid to the opinions and privileges
Of their respective Houses.
Some persons may doubt the truth Of our pro-
positions and will not therefore yield their assent
to our conclusions Our sole object being to ar
rive at q true conclusion we shall endeavor to
use proper means for such desirable result
We shall therefore refer to admitted facts in proof
of our assertions.
To prove the first proposition we need but re-
fer to the governments of Asia and Europe.
Where is there nation in these grand divisions
Of the Globe whose Legislature is based upon
political distinctions, and you find two branches
to represent this distinction. Not only is this a
fact, but there is another which marks the char.
acteristc features of what is called mixed gov
eminent with deeper grave
Not only is the distinction between noble and
plebian preserved by this division Of power, but
there are created the distinction of mobiles who
are more noble and plebians who more Pile
bian. Take England as a fair illustration Not
only are the nobility class represented in the
House Of Lords, but the distinctive elements Of
lay and clerical have each its representatives.
So also has each grade Of mobiles from the baron
to the Duke. And is not all this the effect of
No one will presume to deny it. The converse
Of our proposition is no less true than the propo-
sition itself Itmay be said that political distinc-
tons among the people make distinction IN the
Legislature necessary consequence. One is q |
necessary consequence of the other and ALWAYS
HAS BEEN and without creating the first distinc-
ton THAT between the people) there is no foun-
dation for making the other necessity. We
have neither space nor time to illustrate our po-
sitons or strenthen our arguments, but we hauc
the material to do both, and may avail ourselves
Of the facts Of history to throw more light upon
issubject if our efforts will be found sufficient
II interesting
Z To prove the truth Of our second proposition
(the origination Of second branch having its
cause in political distinctions) we have but to
refer to the truth Of history to bear us out
III all sges and all nations where the people have
been held AZ politically equal they either made
The laws in general Assembly Of the electors
81 delegated that power 10 single Assembly,
10 dos The whole history ofthe world furnish
precedent for the separate states Of this Union
Il the consultation Of their respective Legisla-
ure.