Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1856-11-11

acton would be mockery and exist
only in name, if no cheek was inter
r ,cd.
We hold these truths to he self cyi-
{ I that all power is inherent in the
pie, and proceeds from them. in a
gated form, only by their assent.
governments are established b,
with prescribed and limited pow
nb0died in an instrument called q
istitution. That that constitution
IS not abridge or destroy the powc,
{ the people in any matter not clcarl,
expressed in itself That the Lcsisla-
ture can make no law not clearly sane
toned by the constitution, hcwevel
beneficial the proposed law may APP
pear to be. The constitution is not SO
elastic as to be enlarged or contracted
BY forced construction for the purpose
Of obtaining implied powers not clear
ly within its provisions. The State is
created, il does not exist Of itself. Ii
is created by the people and entrusted
with certain powers OF government, cx-
pressed in the instrument which gives
1t being. The people have not cn,rust-
edthe State with absolute power. They
have not committed their lives, then
fortunes and their freedom to the I'M
limited control Of their creature-the
government.
The constitution Of the State Of Iowa
say% that among the unalicnable rights
Of the people is that Of acquiring, pos
sessing, and protecting property" and
that property shall not be taken from
the citizen "except by due course OF
law and that private property shall
not be taken for public use without just
compensation"
Ifthen it ia an .'unalienable right" To
acquire, possess and protect property"
any law which dcpri,es the citizen Of |
that rig'' is undemocratic, unccnstitu
I III, a:.d tyranica. That laws NAV
l. PASSED regulating the use and en- .
joyment Of property, SO that the rights /
OF Others may not be impaired or de-
stroyed, none viii deny; but to declare
that property is nuisance without the
Iorm Of trial and the introduction %
witnesses to prove it such is an out.a-
1eous usurpation of the citizens unal-
'enable rights. No man has right to
erect or maintain a nuisance" TO the
annoyance Of his heighhors, and in a
proper case made, if q person carries
% any trade or business, whether ii be
aiming, . furnace or dram shop to
he disturbance or annoyance Of his
aeighbors and witnesses prove it to be
nuisance, the law provides a remedy
or ito abatement.
But 70 declare by Legislative enact
nentthat man shall not acquire, POS
'sss, and protect" certain species OF
property, and that such property is
'nuisance" and may BIZ taken from h IN
md destroyed, is rank usurpation 0.
nalienable rights. The legislature is
ot clothed with that power. 1t has
, ~er to this extent, that it may de-
--e that nuiasnces may be abated. and
e it to the judicial tri6unals to de-
upon svideaee produced, what is ,
what 10 not nuisance. lfthe leg ,
ure has the enormous poorer to le-
what shall be q nuisance, Their
citizens trcmble in fear that ,heil
lses, their stores, their personal prop .
iy Of every species may each and all ,
{ them be declared . nuisance! Il
hey have the power in one case they ,,
ave il in oil cases. Are the peopl, ,
repaired to sGbmit to such IN exercise /
{ povcri 1t 10 . miserable subterfuge {
o assert that the legislature will not
sss 10 exercise it in any other instance
xeept to destroy Intoxicating liquors. j
he Democratic party deny the pow. ?
j, and leave aothing to the discssfion v
{ the Legislature. We say that the i'
over b not conferred. and its exercise
tyranny in priae;ole, however benef- Q Q
,sit Il elect i may b in some par |.
enlas instance. 81
n Iowa Liquor Law 10 90 framed !,
, 70 deprive the citizen Of the abso.
- - a The presumption Of being
noesst until he i proved to Be- guilty - y
, competent svidsacs. The mere "
'sssssiss Il Intoxicating liquor BY a m
.ssAessS ~ 49, isspsr b declared Ii
- ~ sv.1sass sftsspiae h sisA v
ie1n1naA Me - prove sssA . =
NM = : ~ sseSissas There ii
~ - - ~ tAssaAAs wesssA =