The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-09

Ell, mas oecn iniiingeG by the act OF 1906,
ehecting separation between the Interests
OF the towns a-t these of the counsry.-Tbe
power to q" right, unsvo;tlahi, involves that
CT dong wrongi AN adequate sccur,ty To
individuals, however, is, that the senfrci
''iH ~ the society fiatls no mo i've ro. Nuns
tice or oppression The tue oues, rn there,
tnrc> before is, whether any fundamental
principle exists IN the case at bar, interr,ict-
ing the separation of the interests IN aucsti-
on and ii there be. whether the subsequent
leg .iature bad power 70 invade it!
These questions, and especially tic last;
involve great and rnon cntous consitle ratiocs.
he pear approach OF the close OF the terri,
does not allow me time to d gcst and arvany,.
my ideas upon it, TO my satisfaction; Jut as
the interest, of the society, and the public,
Scmand speedy decision, shall not hest.
| tate to give one.
In order to SHOW, that the act in ques.io.,
is no td1o, and therefore, it is further ur-
sed, is contract, aud as such is beyond
the power OF succeeding iegisa ure,
biackstone's definition of municipal law. has
been relied on. Municipal law is defined
by him to be "a rule of civil conduct pre-
scriDed Oy the Srtireme power OF the state,
command 70 what is right, and prohibit
Ing what is wrong" and it is argued, that
,he act IN question is no tar, under This de-
tlntion, Tor want Of the generality inipi-
Sdby The term "ruie," and because il is
sad TO be tot so much in the nature Of a
emma. by the leg. stature, as of a pro
MISE or Contract pr oce .ding from it. When
we consider, that mere private statutes and
acts OF arhanent, are (even by Ibis writ =
'hmsef) universally classed among the
| nun'c'pil laws of Eng land nay, even that
| ne particular customs of that k;ngdon arr.
admitted to form part of the municipal
eide, tits evident, that this definition of ma
iiC'Pal aw, IS bv far too limited and narrow
| WOULD rather adopt the definition of Jus.
AH'"n. hat civil (or muuicipai) law, is,
q"od qnisque si6t ho;uius constifuit :"
ooHnds ony in this country in relation TO
| legislative acts, bv the constitutions of the
general and state governments and limited
also by con>i iera'ions of justice j. was
argued by respeoi able member of the bar,
| mat the Legislature had wight 10 pass any
law, how yer just. or ur,!sst, re reasonable. or
unreasonable. This is position which
even the courtly judge b!ac ore was
scarcely hardy enough to contend tor, under
the doctrine OF the boosted omnfhorencc #
rarliament What is this, but to Law pros
trale, at the foot stool Of the legislature, all
our rights OF person and of property, and
abandon those great objects, for The protec-
ZION OF which, alone, all free governments
| nave been lnstitutedl
n
racter of any civilized people. b snnposine.
them have met in legislature, upon any
other ground, than that of morality and JUS
uce. In this Country, in particular, will
never forget, that no free government, OF
The blessing of liberty, Cap &c preserved
ITO any people, but by Fl m adherence to
justice. moderation, tie perance, frueality,
land Virtue, and by frequent recurrence to
fundamental principles."* must add. how
ever, t!iat when any legislative act is to be
questioned, on the ground of conflicting with
me superior acts of the hsohie. or Of in, a.
ding he vested rishts of individuals, Shs:
case 1usht 10 be pn pable and clear: in an
| TQaiVoCdI or eqmponderant case, it ought
"2t easily 10 be admitted, that the immcdi-
| : s representatives Of the people, represent.
ihs as we'll the justice as the wisdom of the
nation, have forgotten the great inlunctions
under which they are called to act In
such case, 1t ought rather to be believed,
that INC judging power is mistaken.
| Wltn respect 10 acts of lncor poration,
he! ought never tn be passed, but in censi-
Ideration OF services TO be rendered 70 the
pubic This is the principle On which such
CHARTERS are granted even in England Il
! biack. Com. 4CI) /; and it holds j0rfiori in
this Country, as our bil Of rights inter diets
ak exclusive and separate emoluments
or pri.iiedges from he community but
III Consideration of PUBLIC services" TART.
| ~. Ii may be often conpenienk for a set Of
associated individuals, To have the priviIed.-
IS ut n corporation bestowed upon them
ou5 II heir OBJECT is merely hri0ate or self
| .sh, II Ii Is detrimental 10, or not promUtiye
| %, the puOiic good, tn,y have no adequate.
| o;alm upon the legislature, for the pr!v
! edge. but as 1t IS possible that "a iegsia-
| ufc may be imposed upon in The first ia
| stance; and as the Jnpc good and the i'm
| @reSts ~ the associ ,ted body, may. in the
Progress of time, by the gradual and natural
Working OF events, be thrown entirely asun
der, the question presents itself, whether,
under such and similar circumstances, the
hands OF succeedinr legislature are tied up
from reVok'ng the privilege. My answer
Is, tnat they are no. IL the first case, no
consideration OF public service ever eListed
ana III the last none continues TO Justify the
privilege. Ii is the character Of legisia
1--WE act to be refealabhe by succeeding lie
slsature: nor can preceding legislature
unit the power of its successor. on the mere
ground Of voiition only. That effect can
only arise from state of things involving
puoiic utility, which includes the observance
OF justice and good faith towards all men
These IDEAS are not new they are entirely
sanctioned b. the sublime act of our legisla.
lure," Tor establishing religions freedom"
nat act, otter having declared u asserted
certain SET eU1dent principles, touching the
righs OF religious freedom, Concludes in this
manner: :" and though we we'll know, that
F" this assembly, elected by tne people for
the ordinary parpo,es OF legislation only,
" have nopower 70 rcstraiI the acts of sue
ceeding assemblies, constituted with pow
erS e4ndt 70 eur o70H, and that, therefore, |
declare art IRE