Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-11-17

ton of the State government to aid and
promote them. Some parts Of the argument
would seem quite unnecessary in this Slate'
but they arc demanded by the state of public
sentiment in New Hampshire. We have
read this address with great interest, and we
take this opportunity of introducing it to the
notice of our readers.
Professor Hatdock discusses two nnos-
. a.. -. -,..utagcS resulting from
such Improvements; and 2d-tllc powers
and duty of the Legislature in regard to aid
ing and promoting them. The first branch
of the subject is presented by him in a strong
point Of view, and if we had room we would
extract some portions of his argumcnt.-
But We pass over this part for the purpose
of presenting more at length his argument
ON the other point, which is as follows. We
should think it would be quite convincing TO
those members of the New Hampshire Leg
%islature who are accustomed to reason on
such subjects. -Boston Daily.
"'The subject of Charter-rights and Monopolcs is
undoubtedly a most delicate and difficult one. Pru-
dence, great caution becomes the Legislature in
granting them. Yet it seems essential to the very
ends of Government, that it should be allowed n de.
gree OF discretionary power in reference TO such priv
ileses. The public good requires, sometimes, the
50 far as ii extends implies ,his." Whatever power
government has is so much power taken from the
subjects oil government, and for The purposes of gov
eminent, a tax Is an encroachment on private.
righ's-the rieht OF property. Penalties are inteffor.
ences with personal rights. These are Indispensable
to the very existece Of Government. And why thus
MAINTAIN government? Whv, but for the ends of
government, the good which government is capable
OF eiiocting-the public good the order and prosper
ny, OF the community; J., is for these objects that
INDIVIDUAL privileges and rights are yielded up, or ia
ken away. A portion Of my property is taken from
me to support this go%vernment-,o defend it when
when endangered and 10 awe it efficiency Mt nil
times. That is, | am taxed, and may be obliged to
do military duty. ! may he called TO actual military
service, l may be compelled 10 abandon my pursuits
and expose my life itself, for the public good. All
this is well understood. It's all ADM ted to be right
and proper, necessary 10 the very ends of govern
mcnt. l am also Obliged to pay for the maintenance
o! the poor, for the support of schools, for the cree.
ton OF public buildings, for the opening and imptoye-
inent OF publ c highways. All this ~isequally well un-
derstood, and universally consented to; not, directly.
for the preservation of the government, but for the
convenience, the accommodation, the general benefit
OF the people. The public good, in such cases, is held
by us all, to Justify the compul sory taking of indvid.
ual property for public uses. Indeed. if such infringe
men' of private rights is wrong and uniustifable, if
government IS not competen, toll, then is government
snorn OF It's power; 1t is nnnlhlla,ed; there can be no
such thing rs government.
"But on the principle involved in all these acts of
government, how is it possible to doubt that the Lee
glslatnre may lay out a road over any mans land,
for obvious public ends? If the purposes of uoyern.
ment require me to yield up n portion of my income
IN the form Ut n tax, why may not these same purpo-
ses of government require me 10 part with n portion
of my land? If ! may, for the common benefit, be
compelled 10 give up my life even, shall | he allowed
10 place my 1907 on an acre of the common soil aud
say to the government, This is mine-mine beyond
the control of the very government which gives mes
title to it-miEe against the well being and hanpjncss
Of the whole body pohtick Certainly no reasona.
bic man can 90 so far.
"The RIGHTS of individuals are material; thew are
sacred; ms is the general doctrine. 1t is funda-
mental IN Tree governments. But then, have not the
Public rights MS well rs individuals? Is the Commu.
MY nobody, nothing? Among The rights of individ-
nals Is the right 10 the aid of the covernrnent-the
common nrm-ln doing what individuals, unaided,
cannot do. And has not the government power TO
afford this aid. Most certainly it is the proper office
OF government, the very end for which it was insti-
tuted.
"In the exercise OF this power those who adminis-
ter the government are responsible TO the people, and
are hound 70 use their best discretion. II is n power
incident 10 the social state. Its assumed that it will
be wisely exercised. There is no reason to donht that
in the long run, it will be so. Our Legislators may
be presumed to be from among our ab'est, most acn-
sIble, and most trust worthy citizens. As matter of
fact. they generally are so. Let us, then, entertain
- l''N'' '"N A' NV 'tt'' (
and enteeblc the arm Of government, lest, with the
ability 10 do good, it should misuse TINT ability and
do evil. There j. an extreme Of dstrust, ms well rs
of confidence. There is danger from too little power
70 less than from too much. We may unrcasonablv
confnc the spiri, of authority, and ahridge the good
influences Of legislation. II seems to me there is a
disposition TODD so in this instance. All wanton in
reference with personal RIGHTS should be di,counte-
nanced and condemned. But if the public conven-
fence require n new road, and this road NUT be made
across my land. shall | be suffered to speculate ont
of the community, or to insist my legal ownership.
against the manifest advantage Of the whole Public !
Is there no way to meet sGch obstacle to the general
prosperity? There must certainly b. right some
where to subject i~Gdividuel cup div To the common
wcnl there must be in society power tn effect the
ends of society-to secure, on the Who'll, the greatest
nitajnnblc amount Of individual prosperity. which is.
in other words, the public prosperity.
ut is objected, that the general doctrine here laid
down docs not apply in this case, innsmucf MS the
legislation proposed ia expected to benefit, not the
pubic, but the petitioners, the Coronation. and Thar
the grant of authority To take land is hut a gran, of
authority tn take from individuals for the benefit ofin-
%dlvldnals. The answer is, that the reason alleged for
the g ant OF p Yer is not the private advantage of the
CORPORATION, hat the pubic accommodation The
road vii be rs much a public benefit, asif the public
Were 10 own 1t. The public must nav interest on the
capl'al, N other words must pay toll on the ron1, if
they make Il nnl own 1t themselves. They have no
more To pay, #, under proper regulations, individuals
own the road. Al the same time, the n iblic enjoy
lhr tie of private capital in erecting public works
Whoever clapsfs to invest hi, money in i, m has on
rnrfualiv 10 purchase stock those who have no sur
plus capital thus to invest, have nevcl theless, nil the
rs' of the public works, ut n fair rate, wi,hmaAavinp
contributed towards their erection capital which they
could not wed spare.
"iu every vie y %ihprrr,rr, which | M able 10 take
ofthi- great work, whether | look a, il upon the most
general MN np'e or With reference 10 orr own more
immediate inielesis, and the truc splti, oi Republican
LEGISLATION. there sc, ms tr ne but one conclusion.-
l. II NOT a rational prunctl Is it not n wise and pa.
Ir'oiic undertaking? 1t cannot but tend TO lessen the
disadvantages of 0ur local posi'ion in reference II the
great makets Of the yyorl3. II viii inevitably raise
IN" v"l1e pi our rea, estate; il viii excite the protuc.
I'm OF articles for which we have now no market -
wIl saw" inimcnSc sums now expended in ,ransporta-
ton; and, hY riding to the rapiiitv and comfort of
travelling, will adj to the happiness of all this portion
of the Cuunirv.
sit is orc OF those Public improvements, which %
tn attach the people 20 lhcir native State. and TO check
the disposition, already TOO much encouraged in the
old States, u seek n better soil and brighter prospects
in tho bpnndless and romantic West. The worst fn-
ture If this emigration is, hiatt carries away our
most enierprslng Young men, young men Of enlarged
views, Of strong powers, If high AIMS and, often, with
small capitals, rendered doubly vaIuatle TO themselves
ahd the community, because accumulated by their
own industry, and therefore pledges of vet premier suc-