The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-09-28
For the Gate City.

MxeeRS. EDITORS: An article app0ereu 10
the Fort Madison Plaindealer, written by
the Hon. Dan'l +. Miller, averse to the cleo
ton Of Judge Stockton to the Supreme
Bench, on two grounds:
LIST. His approval of the Compromise
measures of 1850.
I'd. The decision Of the Supreme Court
holding valid Lee County Bonds for railroad
purposes.
A TO the first position, comment il un-
necessary. Webster, Clay, and thousands
of leading Wings, advocated the measures,
and they we're either heartily approved, or
accepted by way Of compromise and concili-
alton, by the great lights Of the Democratic
party, who now, in part, costitute the glory
Of the Republican strength.
Since they have been discarded, the insti-
tuition Of Slavery established in the Terrific
res, and the revival Of the slave trade
threatened; old line Wings, compromise men,
and representatives Of various views on
Slavery, have mingled into one solid,
| Conscientious phalanx in behalf OF free la
Dor.
On the I'd proposition Judge Stockton is
not liable to the least censure. The history
Of the matter is 81 follows:
The old Supreme Court, consisting OF
Greene, Kinney and Williams, KINNEY dis
senting), decided that under the Code Coun-
ties could legally,-and as matter OF course,
Observation-Disclosures bonds for railroad
purposes. This decision may have been err
| roneous and made under o railroad pressure,
kind Of stimulated, physical progressive
principle, but it became the law Of the State,
and entitled to respect as a judicial opinion.
Sometime in the year 1854 or 1855 propo-
sition was submitted to the voters of Lee
/ county to vote several hundred thousand
dollars to certain railroads, and the propo-
sition was sustained, but soon Afterwards
rescinded by the people. A proposition was
afterwards submitted to vote $l50,000 to
each Of the three railroads emanating in Lee
county.
1st. The Keokuk, Fort Des Moines and
Minnesota Railroad.
I'd. The Keokuk, Mt. Pleasant and Musca-
tine Railroad.
Sd. The Iowa Southern Railroad, Fort
Madison).
This proposition was sustained by the peo-
pie. In the meantime there was legislation
on the subject. The Legislature Of the 9th
General Assembly passed three Acts, au-
shorizing the County Judge OF Lee County
to submit to vote of the people the propo-
sition to subscribe $l50,0O0 to each Of the
above roads. See the acts as passed, pages
374, 387. In the Senate there were three
Democratic. s. McCulloch and VIM. A.
Thurston from Lee, and d. T. Brigham
from Lee and Van Bursn--who all voted for
the three propositions to have Lee County
subscribe $450, 700. (Session Laws Sixth
Assembly Senate, pages 45l, ass, AGO, 467, ,
483.
| In the House there were voting for the
same proposition, Joseph VanValkenburgh,
Thomas Sawyer, and ]. B. Psass-two DEM
ocrats and one Opposition. The Supreme
Court decided that the submission Of the
vote to the people was informal and illegal
inasmuch as all three propositions (all three
supported by the Democrats of Lee afore-
said) had been submitted ct the same time,
and as kind of trinity in unity. To obvi-
ate this decision, the Legislature on the 10Th
day of January, 1857, declared the vote of
Lee County on the three propositions "to be
legal and valid" And the same body re.
CURED the County Judge OF Lee County to
LEVY TAX to pay the principal and interest
Of said bonds. TaIs WAS DONE BY DEMO :
Gratis, who had the control Of Lee County in
the Legislature.
The Supreme Court decided that this act,
managed through the Senate by D. T. Brig
ham, removed the objections to the Lee
County bonds and made them legal. 1t wal
understood that Judge Stockton was mos,
decided as to the illegally OF the issue un.
til Democrats, one now q candidate for the
Legislature, had the objections removed.
The Hon. d. f. Miller was on committee
from Fort Madison to meet persons from
keokuk, 30 as to compromise and procure
bonds for each railroad. All the bonds now
so odious, we're the offspring Of that com.
promise. That compromise was called q
"Miller measure" for some time, being more
attributable to the Hon. D. F. Miller than 10
any other person.
/ do not write to disparags Mr.. MiIlsr-hs
Is good Republican, but issues anfoundsd
objections. His own acts, and the deliber-
ate voice Of the people, Of Lee county, have
forced the Supreme Bench to declare regu.
lar and legal, bonds otherwise deemed irreg-
ular and informal. Judge Stockton has
been on the Bench for several years. and haa
i been ahoYe all renrQach, He Ia a mnat ax.