Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-05-19

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THB NEw CONSTITUTION.
Theirs 10 NO act Of aEee people more
solemn or more vi.1l TO every interest
Of life, than tLAt Of adopting . list Of
fundamental principles in organic
Torn. ID an instrument deuominated
aCoostitution. 1t is, or ought to be
the expression Of mans insIienable
rightA in such . tangible aud unmista-
ksable form, that..the simplest reader
will not fail TO comprehend its mean
ing. After . solemn enumeration of the
citizens inslicnable rights, and Of &c
served and delegated powers, it prov
dss for the application Of certain Prin.
ciples in the administration of govern
nent, through laws which = Legislator.
IL permitted to enact, and defines the
p0wen Of the coordinate branches Of
the government which it creates, in
clear and concise language. The leg
i~slsivtc, the Executive, and the Judicial
departments, are established with Ger
tain independent end mixed powers.
Experience has shown that no govern
ment ~ long exist without a jus,
equipoise, that is shorn Of either D,
these departments, or complicated b.
the addition Of others. There never
was made . successful attempt ou;sid,
Of the simplicity Of the three depart
ments. A triumvirate is the anomaly
Of three rulers vainIy seeking 70 be Of
u mind in the administration Of gov
eminent. II pure minded and patriotic,
they will differ in the adoption OF a
policy, OF the Interpretation ola duty
or power; if ambitious they will seek I,
supplant each other in the exercise OF
authority; il corrupt and venal the,
will act separately, or in union, to sub
serve their private interests at the ex
pcnse Of law and justice; and in either
case there is introduced rivalries, con
tentions and anarchy among their res
p~ective partizans and supporters, to thu
destruction Of all order and peace.
A much msy be said Of the Legis-
lative department. There should c
but ~ law making power. There mc
coordinate branches Of the legislator,
70 act n checks and balanccs,-wisc
representatives. Of hssty and mischievons
legislation. This is one Of the indis-
pcnsiblc guards ofhuman liberty. W.
inherited the rough draught Of thi'
admirable system from our British an
c~estors, and have so far improved upon
the original that it has nearly attain'd
perfection. But never before did "
behold the attempt to divide the Law
making power intotwoindcperdcnt le.
i~slaturcs, with distinct powers, until th'
Constitutional Convention Of Iowa sci
the example and originated the prece
dent which, for the safety Of society,
NC hope never again to see initiated
Art. lX Of the e Constitution /
devoted to provisions respecting I'd"
cation and the School Lands. w,
quote the first Section ~ follows:
.The educational interest Of tn
State, including Common Schools an'
other educational institutions, shall b.
under the management Of n Board Q
Education, which shall consist of tn
1t. Governor, who shall be the prcsid
inc officer Of the Board, and have thu
casting vote in ease of a tie, and one
member to be elected from each judicial
d;,trictin the State" the members arr
70 be elected for -four gears, and a SEES
sion held once n year. "They shal
keep = journal Of their proceedings
which shall be published and distribu
ted in the same manner as the journal
of the General assembly," and Sector
seven provides that they may MAKE
"rules and regulations"-"and when ST
made, published ard distributed, the,
shall have the force and eeertcf hw.'
Section eight further adds that 9Th
Board Of Education shall have .tuii
po,ger aud authority to LEaIsLArE and
make I'LL needtal rules and regulations
in relation to Common Schools, ant
thcr educational institutions,
that are institut ed, to receiv,
aid from the School or Univer-
sity fund ofthe State; but al acts, rules,
and regulations Of said Board may b.
altered, amended or REPEALED BY the
General Assembly" This novel and
most extraordinary Legislative body l.
70 Be paid the same per diem and mil
cage, paid to the members Of the
General Assembly. The last Section
Of this anom1lous article provides that
this new tangled Legislature shall not
b abolished or re'organized until after
the year 1853. 1t is doubtful whethc,
this article Of the Constitution does nc,
deprive the General Assembly Of all
power to legislate respecting the led,
cational interests Of the State,," for the
Arst Section, says that 'thc educationa'
interests Of the State shall be unde,
the management Of the Board Of Edu-
cation" and this article also gives thi.
Board power to make laws for tina
purpose. This power must be exclusiv.
IN the Board. 1t 10 taken from III.