The miners' express. (Dubuque, Iowa) 1849-1854, 1850-09-11
DUBUQUE:
Y::::::sEPTEnTBER IL, 1850
Constitution OF Michigan.

III our last, we treated OF the powers ana prl-
vileges conferred by this Constitution upon the
Legislature, as also the restrictions imposed upon
individual members and the body convened
We shall now say few words upon other pc
culiarities of other portions of this instrument
There is nothing in the Executive department
requiring special notice, further than that Lit.
Governor is provided in case of the death, re-
signation, or disability of the Governor
This we look upon not only as unnecessary,
but also as an infringement of that ndepend-
cnce which should be possessed by both branch
es of the Legislature. The Lieutenant Govern
or being ex-officio President of the Senate has
control in that body which no one else than a
member should have. We could not approve of
such a feature, were we called upon to vote on
a new Constitution.
The judicial Department is somewhat anao
gous in its formation to that of other States, cX-
ccpt that the Judges arc Ineligible to any other
than judicial office during the term for which
they have been elected, and for one year there
after. 1t appears to us that extending their in
eligibility beyond their term Of service, should
never become principle of fundamental law.
1t sounds to us much like an overstrained effort
to control the popular will, aud curtail personal
liberty We could not approve of such feature
without being convinced by stronger motives
than suggest themselves Just now in favor this
proposition,
Provision is made for the establishment Of
| Courts of CoNClLIATIoN. This we look upon
as the foundation Of a system which must
eventually supersedc all others. Ifall our Courts
were Courts Of conciliation, Justice would more
frequently hold the scale, and equity weigh in
the balance, than can be the while tcchni-
cality is law, and 1msy sophstry is of more po-
tent influence than common e-argumcnt.-
AS courts are at present constituted, it is next
to impossible that the guilty can be punished, or
| the un Just man condemned. Stern principles
which the result Of conflict between the
oppressed and the oppressor are not the proper
rule of action in the decision of cases where
each party is equal, hence the merits or circun
stances of the case should be taken as the rule
of action by Courts in preference to the tcchni-
calitcs thrown around it by law.
If Courts of Cancellation were established in
every State of the Union with competent power
and jurisdiction, there would be more justice
done at less expense in one year, than has ever
been or ever will be done under the present sys-
tenn, in ten times the same period. No techni-
caty of law should be construed as to defeat
the ends of Justice, by acquting a criminal, or
by securing swnder in the quiet possession
of il-gottcn goods. Yet, under the present sys.
tenn, it would seem as if the law were made with
special reference to the protection of such dc
linqucnts.
The Article on elections raises Indians to tho
dignity of citizens. To be so considered, they
must, however, renounce their connection with
any organized tribe or nation. This we believe
to be the first step toward legal amalgamatior
of the red and white races. 1t is but an act o
Justice te the red man, who is willing to conform
to the same laws as do his white brethren.-
Placing him on an equal footing with the white
race in the social state of existence, the red mar
will have an end to arrive at, and object t
: obtain, which will rouse his long dormant ener
gies to action, and impel him forward will: al
much ardor as the object is desirable.
Inc arlcle Oh Corporations is very eApllClt
and in State where banks of paper issue are to
leratcd, the restrictions arc all that law can make
them. a..
The second section Of this article provides tina
emo banking law, or law for banking purposes
or amendments thereof, shall have effect unit
the same shall, after its passage, be submitted tc
vote of the electors of the State, at genera
: election, and be approved by majority of the
votes cast thereon at such election.
We do not apprehend much danger of a mul
tiplicity of Banks, with this ordeal to be borne
between their conception and their birth The
t probability is, that each succeeding proposition
2 to establish them will fall still born from the
womb in which they shall be conceived, when
subjected to the throes Of public opinion. And
Q with the restrictions imposed by the succeeding
sections upon their groseth and prosperity,it it is
: extremely doubtful whether the people shall be
often troubled with giving verdict for or a.
ganst them. @lSf'''' =" =. T~
The third section Of the article on Corpora
tons, makes the stockholders and officers OF ev.
cry corporation indiuidually liable for all debts
contracted by such corpoEation during then
time of being officers or stockholders therein
and the fourth section provides, that the legisa.
ture shall provide by law for the registry Of all
bills or notes issued or put in circulation as mo.
ney, and shall require security to the full amount
of notes and bills so registered in State or Uni.
ted States stocks bearing interest, which shall
' be deposited with the State Treasurer, for the
redemption Of such bills or notes in specie.
With these restrictions, if the people mus
have swndling shops, why, let them have as ma.
ny they can agree to establish. Next to a to.
tai prohibition of the circulation of paper money
these restrictions will be effectua in guarding
y the people from the effects ofpaper money bank.
ing. ..t.,.@..- ..- -.a
Il We have now alluded to all that appears to
us to be peculiar to this constitution. 1t co..
tains provisions which, in our opinion, had bet
ter be left unapplied, and it is left without 9TH
!, ers, which the advanced state Of enlightenment