Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-08-18

exercise In some directions, and for |
bidding acts which encroach upon |
certain rights and liberties, and in al
things wherein the Constitution does |
not restrain Legislative action, the
Legislature has unlimited power.
This doctrine OF the Capitalization
Of power, in the Legislature, is carried
into effect by the Republican party oy
Prohibitory Liquor Law enactments'
depriving the people of the right OF
buy,np or selling a certain species Of
property, not otherwise dangerous than
IN the abuse OF its use. The power to
mass snch a law is not found in any
State constitution; but the Republican
party claim, Mot rherein the Lsg,sld'
mr., Is mol restrained IN the erercise Of
= porer, by consta a';onat prOvision, 1t
has absolute and uahmited po,rer Of
dgisla''on. This is making the Legis'
lature supreme, in all governmental
powers, that are not abridged by the
constitution.
This Republican doctrine is also
carried out in the State of New York,
in the famous metropolitan Police
Bill" which takes away from New
York, brooklyn, and other cities in
the district, the power Of regulating
and controlling their own police.
Those cities are DISTINGUISHED by the
central power and the right Of popular
elections Of police officers abolished,
and the power Of appointment lodged
in the Governor, as in France, it is in
the Emperor. To show that We have
not m'sstated the Republican centrali-
cation doctrines Of absolute Legislative
power, as of natural right; We quote
from Judge Demos opinion, in the
Court Of Appeals, on the Metropolitan
Police Act. 1.-The people, in framing
"A Constitution, committed to the
Legislature the whoh lar making
pe~er IF the State, which they did not
expressly or implicitly withhold. Plcn
airy power in the Legislature, for all
purposes of civil government Is the
ruis. 4 prohibition to exercise par
hcuior po~er is an exception. In
declaring, therefore, whether given
statute is constitutional, it is for those
who question its validity, TO shom Mot
Il IS to,bidifn." Such is the famous
doctrine enumerated by the Republican
Judges of the New York Court oil
Appeals!
This particular case is ably discussed
in the August number of the United
States Democratic Reriew, on page
la, DC, in which this decision is thor.
oughly exposed in an able and mastery
manner. The same Republican doc
trine is claimed for the Government Of
the L nited States. 1t is claimed that
because the Constitution of the United
States does not forbid Congress from
A abolishing Slavery in the Territories
$ that therefore Congress has the power
c The Democratic doctrine is that whe,
8 the power is not expressly granted, j
n is ~tfhhoidcn, and remains with tn,
o people. SO far has portion of tn,
I Republican party gone in this claim o
$ Congressional power, that they assert
the right of Congress to abolish Sa
very in the States, as the power to dc
SO, is not expressly denied by any
! provision of the Constitution. In short
the difference, the grand, radical, and
distinctive difference, between the
Democratic and the Republican parties
is that the former hold that the peopl.
are supreme, absolute and unlimited
in power, except where they hav,
abridged their power, by exprcssl,
! delegating it to Legislature, and tn,
5 Republican party hold, that the Legis
fotare is supreme, absolute, and unlim
3 tied in power, except where the Con
$ sfitntioa abridgcs and restraints tina
/ power. This Democratic doctrin,
| looks to the people as the source o
: power, and as retaining all power no
t delegated, while Republicans look tt
: the Legislature as possessing all powc
a not limited by the Constitution, Re
publicanism leads to government des
potism, or the Capitalization of powc
: in the Legislature, which is equally a
destructive of Liberty, as is the govern
mcnt of one man as in France ant
Russia; whereas Democracy leads to
decentralization Of power, conserya
ton of the Liberties of the people, in tn,
enjoyment Of all the rights and fran
| chises with which they are by natur,
cndowed-na namely, the absolute righ
Of self government under represents
tive system where all Legislative powc
is defined by express provisions.
II CT Accounts from Texas state that
family Of six persons residing 10 Bel
county, Texas, we're burned to dsssh .