The miners' express. (Dubuque, Iowa) 1849-1854, 1850-10-09


legslation.-A body Of rn2D, fresh from the pco-
pie, arc subject to strong passions and excite
m"nt. a measure may be introduced into n lC-
glslativn assembly in hurry: it may be for a
| moment popular; men may feel a sclCintcrest in
the passage Of the measure; it may be found up
| on cool examination, to be detrimental! to the
public interest. In every body oi ntr there will
be found some who can be persuaded by the elo-
qucnce or intrigue of others, into believing the
necessity Of Il measure, which they would find
upon dlspassionae examination that that neces-
slty does not exist. This measure thus may be
inflicted upon the people without that examna-
t'9n and scrutiny which every measure should
receive before it becomes law. These Difficult
ties are to be obviated by the establishment of a
second branch. The very knowledge Of the fact
that measure is to be subjected to the scrutiny
OF different body Of men, having been different
ly 0rganIzcd, and actuatcd by different motives,
would discourage the first in its attempts to fast
en- upon the people unwhoraomc laws. It also
causes delay in the enactment Of a measure.
lhIS delay gives time for reflection, auI men
can tax" a ilccr and more comprehensive view
OF ii" subject. Judge Story has we'll sud- ssthat
the more various the clements which enter into
the composition ofLegislative bodies, the greater
the security viii be-
In this place our contemporary sets cut viii.
! giving "a few propositions to ansWrr;' al least
so he says, but We see nothing specially girea
! to answer. There are G,srr!iona enough made,
some Of which beg Tie question; others we agree
to, but neither Of which avail in argument Il
gainst us. Let US examine them. The first as
scrtion is, that the existence of the second branch
serves as check to hasy and oppressive lrgjs-
lation. This is the question at issue and its re-
assertion as proof, in aliirmancc Of itself, is a
''bcgging Of the question" Our contemporary
continues. "a body of men fresh from the peo-
pie are subject to strong passions and excite
mrnt.' Pray. how they to be made stnIe
from the people: Arc the Senators locked a.
way in some dark corner, and kept from ming
ling with The people, lest they be too trcsh--lrs
they should know exactly what the people want
That is not our experience of things. We see
the Senators as well rs The Repre- scn,atycs eve
ry day. They appear neither more or less fresh
or stale than the day Oh which they were elect
Cd
Fresh and stale! Why, these are new terms,
as applied to legislators So, then, the Senators
s'loId nos BE fresh iron! The people; that is, they
should not come immediately from tllc people
they should not know the latest wants Of the
pCorlr-and they must be sent as a check upon
those who are presumed to be better acquainted
: with their wants Does the election Of Il man,
two or four years before he is wanting, make him
a better Senator Representative than if he
, were taken frcSh from the people, According
to tn" opinion Of our cotcmporary, the sitter he
IS ;hc h2t'"r; this is not opinion; the closer
his connection with the pcoplc-thc more init
, matcly related to them in present interest, the
I better, in opinion, Will he represent this in.
terrst, and The more Will he labor for the accom-.
t pliShmcnt OF his object.
" At the evident risk Of being tircsomc, we con
e tnue our reply to t'r assertions Of cur cotempo
h rnry. He says, ga measure may be introduced
: into Legislative assembly in a hurry; it NAV b,
: for a moment popular; men may feel scll-intcr
= est in III" passage oftilc mrasurc it may be founc
r upon cool examination % be detrimental TO tn,
: public INTEREST," Agreed to all that: but what
: then? There is nothing prcdcatcd here but
what may be true of two or more branches as
we'll as of one Measures are often introduced
h into two branches in Z hurry: they are for mo-
: ment popular, and very frequently they are pass
ed, to the dotrimcnt Of the public. So far oul
contemporary has gained nothing.
n Hear him further: sIn crcry body ofmen there
will be found some who can be persuaded by the
cloqncnce or intrigue of others,' &c. This is 4
fact, and tells quite as well for our side of the
y question as if we had written it ourselves. Ir
: crcry body ofmcn, there will be found some who
can persuade, and others who can be persuaded
and the division of men into separate bodies
make them no less eloquent in persuasion or less
. susceptible of being persuaded. This is admit.
ting enough to sustain position, if it were
6 weak at any point.
After admitting this much, our cotemporary,
in his anxiety.to draw a conclusion favorable to
his own views, forgcts his argument and the
question at issue, and commits the objectionable
sin in a logcian, the ''begging of the question
He says these difficulties are to be obvated by
the establishment of a second branch. The
question at issue again put in proof of the ques.
ton itself.
What are the difficulties to which our cotem-
porary alludes, and how are they to be obviaed
by the establishment of second branch? AL.
though we do not perceive them we may be al
lowed to guess at what he means. One of them,
no doubt, is, that some men are eloquent, and o.
ther men easily persuaded, and that such Is the
case in cucry body of men. Now, If he contend
ed that all the 'eloquent men should be placed
in one House, and all the sseasily persuaded -
in another, there would be difference with dis
tinction, but as it SO happens that some of the
''eloquent men, creep into every House, that
difficulty is not obviated at all. Another diff
Guilty is, that men are fresh from the people, and
therefore it is better to keep them apart. This
argument may do, if applied to fresh fish, fresh
meat, &c; but applied to fresh men, we can
not perceive its applicability. We contend that
Legislators should be directly from the people,
perfectly fresh--knowing their wants, and ready
to execute their wishes. This effect would be
the perfection Of representative government.
We now pass onto the opinion Of Judge Sto-
nv. quoted against us That DISTINGUISHED Judpe