The miners' express. (Dubuque, Iowa) 1849-1854, 1852-12-22

proprt1te manner by Hon G. Dodge, in be.
Ia 1 OF the Safe. In connection with this sub
Ject may say that while we have Justly re
nenbefed The living we have almest forgotten
the dead; those ofour citizens who volunteered
tier services to sustain the honor and trium pll
OF our national flag, when our country was sup.
posea TO be IN danger when it rcGaircd brave
hearis and strong hands in her defance, and
VINO Tell IN service or upon the battle fields o.
Mexico.
Would it not be proper that the State of Iowg
should by PLAIN and chaste monument, erect
ed ut her capitol, perpetuate the remembrance
Of the gallant Mills, of Guthrie, and the pairo
TIC men who have thus fallen resp .ctfullJ
make the suggestions and leave it for such &C
tioh as may appear to you proper
The attention Of the General Assembly has
been frequently called TO the organ cation of the
militia OF thsState, yet no sic os have been taker
by The people or theieg!s!ature to effect IN such
manner as to comply with the laws Of the Uni
ted States, and TO enable us to obtain the quote
Of arms to which we are entitled The Secre
tary OF State reported to the President the az
gre gate number of militia for the year 1851, bu
as there was no proper military organzafion, the
report was declared insufficient as will appea
bY communicate herewith transmitted. B,
the laws OF the United States and the provis
ons OF our Constitution it is, our duty to enrol
ana organize the militia into divisions, brigades
regiments, batalions and companies by pro-
per officer to report TO the President annually
on or before the first Monday in January O
Pach year, our effective military force, will
their arms, accoutrements, &c. For the pur
pose OF carrying out the regiments of consttu
tional law of our National Government aud t,
obtain the arms with which the State might bt
deienaed by her brave citizens, | would mos
earnestly recommend you to make such provi
sions as VIII be proper TO effect an obiec
SO desirable, and at the same time ia estab
lish an Arsenal where the arms and munitions
obtained may be safely kept until they shoulc
be needed for service
In the month of March 1851, | received !,
communication from the Ordnance Departmen
at washington, stating that the Secretary o
war had directed Major Bell, in charge OF The
ATsena- a: st. Louis, to issue upon my reqnisi
tlon arms and accouerments sufficient to equiy
two companies of Volunteers at Burlington and
Dubuque to be charged TO the State Accord
lngly on the 9Th day of May following requi
sitoh was made and the arms were obtained, ant
those Tor the company at Burlington have beer
deltvered.-The company at Dubuque not hav
ing completed its organization, directed tn,
arms and ACCOMPLISHMENTS 10 be sent 10 the Peni
Tertiary for safe keeping, where under the
charge of The Warden, they might be kept il
good order, and be servceable in guarding the
prison.
Among the many important questions which
will come before you for deliberation, will be the
amendment of the laws now in force in this
State, and to which would especially call YOU
attention. 1t will be RENE mbered that in the
year lS40, a committee of three persons were
int t tn Hraf
laws for the government of the State and hay.
ing completed their work, they a the session o
the General Assembly of 1850 and 1851 made
their report, which having been amended, was
passed and went into force the first day Of July
following. This Code of Iowa was prepared
amended, and published with great care and ex
pense, and is entitled TO your careful and consi
deration. Like every thing else of human ori
gin, 1t has omissions and iiDperfccti0ns, and i
Is your province to make such amendments as
necessary, and which in your judgment viii
advance the public good | need not renino
you that in making such amendments, mucl
care and deliberation should be used in order tt
prevent conflicts and uncertainties, much
mischief has arisen from the instability and in
consistency of legislation. Laws are enacted a
one session and before their utility can be ties
ted, or they can be fairly unde rstood, they are
modified or repealed and often in such man
ner as to leave the public and those who are to
administer them, at a loss to know what has
been abrogated ur what in force. To avoid this
state Of things let me suggest that your acts be
expressed in plain and concise language, and
that be as few and as simple and as possible
with the necessities and principles OF
the government under which we live.
For the purpose Of directing your attention TO
such parts of the code or Iowa as may be defec
tive in any particular, it is made the duty of
each of the Judges Of the Supreme aud District
Courts to report to the General Assembly at
each regular session thereof, all omissions, dis
crepances, or other evide n impcrfections Of the
law, which has fallen under his observation
These reports will probably be submitted, should
my such omissions or inperfections have come
under their observation aud | would recon-
mend such reports 10 your careful consolation
In view Of this duty, there is only onesuhjec'
% which would call your SPECIAL attention,
md that is The law regulating the ale If intox-
eating liquors. This law removes ali restraints
rom the traffic in such liquors, as ar article Of
merchandise, bnt prohibits The retail to be drank
ipon tine premises, under severe penalties pIa-
ing the enforcement Of its prohbitory pruvisi
ms under the exercise Of the criminal iurisdic
ion Of courts and juries. Until within a com
rece Mt period, the use of spirtuous
liquors has been generally Looked upon without
!i5aPproba;ion. More recent public opinion has
changed to a considerable extent, and IN produ
ing thus result, society is indebted to moral
md educational influences more than any oth-
T cause. My mind is strongly impressed with
he beiiefthat r. such means, must be cntrus-
ed TIE hopes OF future success In a popular
government wharc the laws are in the hands f
he people, Legislative power, to be effective up
IA questions which come directly in conflict
with natural rghts, cannot advance beyond pub.
&c opinion.
The first effort of this power was to limit the
ale OF such liquors through the local authority,
eqalring license with bail and other regula-
ions. Thus far the law was sustained and its
enalties enforced. More recently attempts
ave been made to extend this power. OF such
character is the law now in force And |
ubmit to ynu, while it has existed, whether
anerai experience has not shown that lis bro
ioi'orv provisions stand ubon our statute book
5uaout being observed, while the general IL
en1c o. sell - an article of merchandise has
xtenapd she traffic without control There is
n inconsistency IA the practical opinion of this
aw, not reconcilable with the object intended,
which suggests an additional reason for change
Drunkenness and immoralites arising from tie
sc OF ardent spirits, may be punished as crimes,
ut 1t IS doubtful whether any legal enactment,
fijl prevent their being s1ld IL retail, willie a
eneral sale is allowed as an article OF mcrchan-
Use. II would seem, therefore, that a iudicians
cepse system, placed uater the care and
ontrol of the local authorizes, could be made
lore efficient for good than any other legisIa-
on. With these views submit the subject to
our care.
In pursuance of a law ofthe last General As
emily, relative to The Des .noines River I'm
roVement, proceeded at an early day to fill
he offices Of Commissioner and Register as
lerein provided, by the appointment of Gen
L. Van Antwerp as Commissioner, and Geo.
'lliaspy, Esq, as Register, who, after being
nly qualified, entered upon the discharge OF
ie duties required Of them. Fully aware Of the
-eat Importance of this work, and of the deep
terest felt in its earliest completion, these gen
emen proceeded at once to ascertain its true |
1ndItion, and, so far as practicable to do what |
ight be in their power to carry it forward TO
)nlpleton TIE result of their labor during
lie first year will be found in their first annual
port, made to me in pursuance of law, and
hich is herewith submitted for your considera-
on. By this report, it will be found that all
ork, or nearly so, when these officers entered
Jon the discharge other duties, was suspen-
ID There were no funds on hand, and part
the work was completed. OF the lands below
accom- Forks IS8,4 66 acres had been sold, real
ing the sum Of 1926, 703, 81, all of which had
en- expended. And there remained only 1885,