Quasqueton guardian. (Quasqueton, Buchanan County, Iowa) 1856-1858, 1857-07-18

more likely to loose his case for his pains,
than to gain it by Juggling in an improp-
er witness.
We unhcsitatingly affirm that the New
Constitution takes correct ground when
it allows all persons, not disqualified by
interest, to be made witnesses in suits at
law. The credibility Of any witness in
troduced, whether black, white or red, is
always subject to impeachment, and the
just weight given to any testimony mast
be determined by the court and jury
Does the Erpress d Herald deny this ?
If it does deny it, it proves its own want
Of knowledge Of the subject it has under
taken to deal with.
Objections s, 6, z, 8, and 10, are
substantially one objection, and admits OF
one answer. Under this head it is OBJ
jected, 1st that the rendition of criminals
from other States, seeking refuge in Iowa,
will be obstructed by the New Constitu-
ton Cd, that it will conflict with the
Federal Constitution Sd. that it will OBJ
struct the return of fugitives from labor
these three points mean just one thing,
as any school boy can see) 4th, that ii
will invite villains to flee to Iowa (same
thing over AGAIN. 5th, that it will make
our State the refuge of all the villains in
the Union; (this may be new point, but
it does not seem so to us, 9th, that i,
will enable criminal refugees in this
State to demand speedy trial if arrest
ed, when acquittal must be the result,
because evidence of their guilt cannot
be had
The 1st and ed clauses of this obiec-
ton, spread by the Erpress d. Herald
over six different heads, embrace the on
ly idea suggested by the whole number
of objections. To this one consolidated
objection we answer : that the old Con-
stitution and the new Constitution are in
exact legal agreement upon the subject
that so exercises the mind of our cotem-
porary. Thieves and runaways of every
character have just the same legal rights
in Iowa now that they will have in case
the new constitution should be adopted
Does this satisfy our anxious neighbor ?
If not, let him devote little study to the
subject to borrow phrase of his, let
him "think it down. and when his
ideas are sufficiently digested to justify a
re-appearance in public, we shall be hap
py to hear from him.
Objections i and IL are one objection.
1t is claimed lst, that the new constitu-
ton will obstruct !" all works Of internal
improvement" by enabling land owners
TO compel the payment of exorbitant pric
es for the right of way; Cd, that the
building of railroads" will be obstruct-
ed. ALL" Iva tho tirSt clanss, proha-
bly, does not include railroads. Since
the Dred Scott decision, it has become
somewhat doubtful what is the meaning
of the word ally
Obviously, our neighbor of the En-
press and Herald has but little, if any,
knowledge of the difference between con
formations of property for public or fol
private uses. For public uses any pro.
perty may be taken, which the constitut.
ed authorities, in times of public exigen-
cy, deem needful for the common de-
fence. Horses, vehicles, arms, proven
der. clothing, may all be taken in cases
Of great emergency, and the person from
whom such property is taken, will be en-
titled to pay therefor from the public trea-
sury, at fair price. For private use,
such property as we have named cannot
be taken. But under certain restrictions,
Railroad, Canal, and like companies are
permitted to acquire land for the uses OF
the improvement they design to make.
This sort of appropriation is not properly
taking /" for public use" Such enter
prises are private, not public. The pub
lie may have an interest in such works
but ii is the same sort of interest that they
have in mill or mechanics s shop, name
ly, contingent interest, flowing from the
mutually inseparable from the connec-
tions and dependencies of civilized soci-
ETY.. When the Legislature charters, or
provides for chartering such companies,
it points out the manner in which they
may acquire such right Of way, or prem
ises for buildings, as are important to the
success of their business; and which,
from the peculiar circumstances of their
position, cannot be acquired in ordinary
ways. And if our neighbor of the Ex-
press and Herald will refer to the Code,
(which, he will please to take notice, tire
new constitution makes no provision fol
expunging), he will find the mode in
which Companies of the kind contempla.
ted may acquire such land mot property
as their necessary uses demand. Should
Sec. l8 Of the Bill of Rights in the new
constitution ever be held to apply to a
case such as is supposed by the Express
d Herald, the effect that it pretends to
fear could never follow. The only prin-
ciple to be deduced from that section, is
this: that no man shall be compelled to
surrender any portion of his land for the
use of others, without money compen-
sation therefor rejecting the idea that a
specializing Railroad, Canal, or like COR
poration, may set jury (perhaps pack
ed one) upon mans land that they may
want, receive a verdict of Benefits
equal to Damages" and thereby possess
the property without paying anything fol
it. AS the case would stand under the
amended constitution, jury empaneled
to try the question of damages, who were