The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-07-15

- 49, Eoe -
u The hss n, ladtasa r. ss1oss yvsi1s
csansa,aisa. hsnsssA = - hoA eAsysa !
Jsdes JoAnsteae, sAsmbes u De late Cess,
sssisaal Convensloa, an ahle lawyer and lsal
Ing msmbsr ef ths Ds0ocsNsss party b u
6sass. Here b what he says On the .bill q
rights." We hops The editors Of the Gazette
Of the Dubuque Express aad llseale, and Char
isoa Weekly Nail, win rsad and hide their
/ minished heads:
THE change In this Article, TO which objec
tions are raised, are Ia Sec. and Sec. 10.
Section 4, provides that all persons mot di,
| quAlided BY interest may b. made Witnesses, &s
The objection % this 10. that il would render M
| gro testimony, competent. The testimony q
| negroes, 10 nov admitted BY law. There b nj
prohibition on the subject In the present conssi
tuition. IL 10 properly left, ~ We think, with th
le9islature. where the new constitution ought 3,
have len Il also. We do not desire TO deten,
negro testimony, but would say that the rules b
regard 70 the competency Of witnesses ar,
greatly relaxed everywhere. Objections ar
most generally made to their cred,bllisy and no
to their admissibity.
II this feature in the constitution ie found
Questionable, il can readily be amended, whes
public opinion shall demand II. II IL not prope,
/ to assail the whole constitution, because there
may be few objectional features in Il. Befoe1
leaving this point, We call the attention OF our
readers to the provisions Of the constitution Of
the State Of Maryland, which though % broad
nearly as the provision in the new constitution
IN reference to the competency Of Witnesses
has never excited opposition, although in force
In slave State See. SO, Of the Declaration OF
the Rights OF the Consultations Of Maryland,
provides that amy person" who believes in the
existence Of God, and . state Of future re.
wards and punishmenfs can be . competent
Witness
Section 10 provides that ''in cases involving
the lite and liberty Of an individual" trial by
jury is secured, &c. II il very Objectionable, il
appears, and denounced a. . great outrage. the
securing Of a trial by jury where "lfe and libes.
ty" is involved! II is urged that this provision
secures TO fugitives from labor aud fugitives
from justice right of trialby jury! 1t may be
that fanatics do not SO cOnstrue it, but the ques
ton is not how they desire it to be construed,
but what is the legal construction of the Ian
guage OF the provision.
The right OF trial by jury 10 secured in the
broadest terms in nearly every constitution in
the Union. For example, the constitution of
California, Article i, Section 8, provides that
''the right Of trial BY jury shall be secured to
ALL and remain inviolate forever" So to the
same purport are the constitutions of Missouri,
Article IL, Sec. S-lndiana, Article l, Section
l9, and the present constitution Of Iowa, Arti-
Gle /, Section Q. We repeat the same great
principle is found in all American constitutions.
All persons are allowed bail by the provisions
Of nearly every constitution. Do these general
expressions of allowing bail and trial BY jury
refer to fugitiyes from labor or justices Do
they refer to any other cases than those arising
Under the constitutions and la,cs Of the States
in which such bail and trial by jury are allowed!
In the language of Judge HALL, Of Des Moines,
as good democrat, and q betef lawyer than
any of its assaants, speaking of this very SUBJ
ject, 1.-THE wording OF the section can only ap-
ply to cases arising under the constitution aud
ia'cs of the State of Iowa"
This is the interpretation which has always
been given to similar provisions, and now for
the 6rst time new rule of construction obtains.
1t may do for fana,ical rcpub!;caoD who disre-
gard the laws of congress and the constitution
of the United States to give currency to such q
but we are astonished to see it
come from men purporting to be national demo-
Gratis.
Section IL, provides for the summary dispo.
sal OF a minor grade Of offences, which will save
q vast amount, annually, in county expenses.
The vote on the final passage of the Bill of
Rights was not party vote. 1t was supported
by somt whose democracy is about as sound,
and knowledge of legal construction about as
reliable as that of any the opponents Of the new
From the st. Paul Times, July It'll.
Important from the sioux Agency.
link pad uta's Som Shot.
Br. Brown, an Indian trader at the Sioux
Agency, arrived in this city yesterday, having
lett the Agency ON Thursday morning last
From Mr.. b. we learn some interesting facts
with the death of son Of Inkpadu.
Ia, the noted leader Of the band of Gut.throat
savaees, whose depredations now form SO sad a
page in the history Of the west.
On Monday last, the 99th inst, Mr. Flandras,
the Agent for the Sioux, received intelligence
that three Indians. members of Ink.pa u.ta's
band, were lurking in the neigborhood OF the
Yellow Medicine Agency. He Immediately des-
patched trusty Indian to the band suspected
Of harboring the murderers, and upon his re-
port that son Of Ink pa.du-ta was certainly in
the neig. b0rhOod, and probably two others of
the band. Mr.. Flandrau promptly and secretly
formed his plans to arrest the murderers.
Having procured from Fort Ridgley, q de-
.achment Of Company d. 10th Infantry, under
he command of Lieut.. Murray, the party left
he Agency under the leadership of Mr.. Han-
irau, at two o'clock on Wednesday morning last.
They were also accompanied by several Indians
~ guides, but upon whose integrity the utmost
'eance could be placed. Among them was
or Beautiful Voice, one of the
indians who r'sked his life to secure the re-
ease of Miss Gardner.
About sun rise the party arrived at an Indian
Gillage, on the Yellow Medicine River, five
niles from the Agency. They Immediately
the lodge in which 1nk-pa.du ia s
ION was staying; but upon the approach of
Mr. Flandrau, and one Of the Indians, he be-
,Ame alarmed, and running from the lodge took
efuge in ravine, where the grass was sufficient.
Y high to afford him a good hiding place.
The soldiers surrounded the ravine, and with
lifficuIty discovered the Indian, upon whom
hey Immediately fred, infiicting several severe
Wounds.
The Indian returned the fire, with double.
,arrelled shot gun; one OF the charges struck
he cartridge box of a soldier, who thereupon
'ushed forward and bayoneted the savage
Upon examining the body, several wounds
we're discovered. The carcas Of the murderer
vas left lying upon the ground, and the party,
lfter havipg secured his squaw, left for the
Agency.
The Indian killed was son of Ink-pa-du.ta,
sho having married with the Annuity Indians, at
he time he WAS killed, was on visit to his
ather.in law. He is the identical savage who
ragged Mrs. Noble from the lodge Of the
Tankton Chief, purchased her, and after having
atisfed his heliish appetite beat her to death
With clubs.
1t appears to be the fashion in Virginia for
Sabbath School teachers to 60 TO Sabbath School
With reyolvers in their pockets, and in the in
ervals of their teaching to use them as occa-
lion may require. Thus on Sunday last young
ran named Austin, student In an Episcopal
Theological Seminary, went to Sabbath School
If which he was teacher, in Fairfax county,
Va, not far from Washington, thus regularly
armed and equipped. An attempt seems to have
been made by two Of his fellow.teachers, or,
,orh n No his nInils tn nrevent him from enter.